Defense Federal Acquisition Regulation Supplement: Warranty Tracking of Serialized Items (DFARS Case 2014-D026), 58671-58674 [2015-24784]
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Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules
831 of Public Law 101–510, as amended, may
count toward its small disadvantaged
business goal, subcontracts awarded to—
(1) Protege firms which are qualified
organizations employing the severely
disabled; and
(2) Former protege firms that meet the
criteria in section 831(g)(4) of Public Law
101–510.
(d) The master plan is approved by the
Contractor’s cognizant contract
administration activity.
(e) In those subcontracting plans which
specifically identify small businesses, the
Contractor shall notify the Administrative
Contracting Officer of any substitutions of
firms that are not small business firms, for
the small business firms specifically
identified in the subcontracting plan.
Notifications shall be in writing and shall
occur within a reasonable period of time after
award of the subcontract. Contractorspecified formats shall be acceptable.
(f)(1) For DoD, the Contractor shall submit
reports in eSRS as follows:
(i) The Standard Form 294, Subcontracting
Report for Individual Contracts, shall be
submitted in accordance with the
instructions on that form.
(ii) An SSR for other than a commercial
subcontracting plan, or construction and
related maintenance repair contracts, shall be
submitted in eSRS to the department or
agency within DoD that administers the
majority of the Contractor’s individual
subcontracting plans. An example would be
Defense Finance and Accounting Service or
Missile Defense Agency.
(2) For DoD, the authority to acknowledge
receipt or reject reports in eSRS is as follows:
(i) Except as provided in paragraph (f)(2)(ii)
of this clause, the authority to acknowledge
receipt or reject SSRs in eSRS resides with
the SSR Coordinator at the department or
agency that administers the majority of the
Contractor’s individual subcontracting plans.
(ii) The authority to acknowledge receipt or
reject SSRs for construction and related
maintenance and repair contracts resides
with the SSR Coordinator for each
department or agency.
approved business plan or any remedial
action directed by the SBA.
(3) If the competition is to be limited to
8(a) concerns within one or more specific
SBA regions or districts, then the offeror’s
approved business plan is on the file and
serviced by lllll.
[Contracting Officer completes by inserting
the appropriate SBA District and/or Regional
Office(s) as identified by the SBA.]
(b) By submission of its offer, the Offeror
represents that it meets all of the criteria set
forth in paragraph (a) of this clause.
(c) Any award resulting from this
solicitation will be made directly by the
Contracting Officer to the successful 8(a)
offeror selected through the evaluation
criteria set forth in this solicitation.
(d)(1) Agreement. A small business
concern submitting an offer in its own name
shall furnish, in performing the contract,
only end items manufactured or produced by
small business concerns in the United States
or its outlying areas, unless—
(i) The Small Business Administration has
determined that there are no small business
manufactures or processors in the Federal
market place in accordance with FAR
19.502–2(c);
(ii) The acquisition is processed under
simplified acquisition procedures and the
total amount of this contract does not exceed
$25,000, in which case a small business
concern may furnish the product of any
domestic firm; or
(iii) The acquisition is a construction or
service contract.
(2) The lllll [insert name of SBA’s
contractor] will notify the lllll [insert
name of contracting agency] Contracting
Officer in writing immediately upon entering
an agreement (either oral or written) to
transfer all or part of its stock or other
ownership interest to any other party.
(End of clause)
[FR Doc. 2015–24787 Filed 9–29–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
(End of clause)
■ 5. Revise section 252.219–7010 to
read as follows:
Defense Acquisition Regulations
System
252.219–7010 Notification of Competition
Limited to Eligible 8(a) Concerns—
Partnership Agreement.
48 CFR Parts 246 and 252
As prescribed in 219.811–3(2), use the
following clause:
RIN 0750–AI39
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Notification of Competition Limited to
Eligible 8(a) Concerns—Partnership
Agreement (Date)
(a) Offers are solicited only from small
business concerns expressly certified by the
Small Business Administration (SBA) for
participation in the SBA’s 8(a) Program and
which meet the following criteria at the time
of submission of offer:
(1) The Offeror is in conformance with the
8(a) support limitation set forth in its
approved business plan.
(2) The Offeror is in conformance with the
Business Activity Targets set forth in its
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[Docket No. DARS–2015–0054]
Defense Federal Acquisition
Regulation Supplement: Warranty
Tracking of Serialized Items (DFARS
Case 2014–D026)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
require use of the electronic contract
SUMMARY:
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58671
attachments accessible via the Product
Deficiency Reporting and Evaluation
Program to record and track warranty
data and source of repair information for
serialized items.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
November 30, 2015, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2014–D026,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2014–D026’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D026.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2014–
D026’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D026 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Kyoung
Lee, OUSD(AT&L)DPAP/DARS, Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Kyoung Lee, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
I. Background
On June 8, 2011, DoD published a
final rule in the Federal Register (76 FR
33166) to establish the requirements and
formats for tracking warranties for items
subject to Item Unique Identification
(IUID) in the IUID registry in the
DFARS. The rule added the provision at
DFARS 252.246–7005, Notice of
Warranty Tracking of Serialized Items,
and the clause at DFARS 252.246–7006,
Warranty Tracking of Serialized Items,
with standard contract attachments and
instructions for reporting data necessary
to track warranty information for each
serialized item.
On April 12, 2012, the Director,
Defense Procurement Acquisition Policy
(DPAP), issued a memorandum entitled
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Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules
‘‘Implementation of Defense Federal
Acquisition Regulation Supplement
Provision and Clause for Warranty
Tracking of Serialized Items’’ to
encourage the use of a machine
readable, fillable Adobe portable
document format (PDF) for the
electronic submission of warranty
information required by the provision
and clause. This memorandum also
announced planned updates to the
Product Deficiency Reporting and
Evaluation Program (PDREP) to facilitate
the electronic collection, storage and
distribution of warranty data and
provide for a common, searchable data
source for enterprise warranty data.
II. Discussion and Analysis
The electronic warranty attachments
entitled ‘‘Warranty Tracking
Information’’ and ‘‘Source of Repair
Instructions’’ are now available in
PDREP. The purpose of this proposed
rule is to amend DFARS 246.710,
DFARS clause 252.246–7005, Notice of
Warranty Tracking of Serialized Items,
and DFARS clause 252.246–7006,
Warranty Tracking of Serialized Items,
to make use of the electronic warranty
attachments in PDREP mandatory for
solicitations and contracts when
warranty of serialized items is
anticipated or required. This rule also
clarifies the requirements for
completion and submission of the
warranty attachments.
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III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD expects that this proposed rule
will not have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act 5 U.S.C. 601,
et seq. However, an initial regulatory
flexibility analysis has been prepared
and is summarized as follows:
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The purpose of this proposed rule is
to amend the DFARS to require the use
of the electronic formats for the
‘‘Warranty Tracking Information’’ and
‘‘Source of Repair Instructions’’
attachments, required for use in tracking
the warranties of serialized items by the
provision at DFARS 252.246–7005,
Notice of Warranty Tracking of
Serialized Items, and the clause at
DFARS 252.246–7006, Warranty
Tracking of Serialized Items.
Use of the electronic formats will
improve the process of collecting and
sharing data on warranties provided by
contractors on serialized items procured
by DoD. Additionally, use of the
electronic formats available via the
Product Deficiency Reporting and
Evaluation Program (PDREP) ensure the
data elements for warranty terms are
effectively transmitted through various
systems such as: Electronic Document
Access; Wide Area WorkFlow; the
Invoice, Receipt, Acceptance and
Property Transfer module; and the
PDREP Warranty Tracking database.
According to data available in the
Federal Procurement Data System, in
fiscal year (FY) 2014 DoD awarded
5,807 contracts that contain one or more
warranty clauses. Subject matter experts
within DoD estimate that almost twice
as many solicitations (11,500) issued by
DoD in FY 2014 may have contained a
warranty clause. It is also estimated that
an average of four offers may have been
received in response those solicitations,
or 46,000 total offers. Of those
responses, approximately 85%, or
39,100 responses, are estimated to be
received from small businesses.
This rule does not create any new
reporting or recordkeeping
requirements. Offerors and contractors
are already required to complete the
attachments in accordance with the
provision at DFARS 252.246–7005,
Notice of Warranty Tracking of
Serialized Items, and the clause at
DFARS 252.246–7006, Warranty
Tracking of Serialized Items. Rather,
this rule requires contractors and
offerors to complete the warranty
attachments using the specified
electronic formats.
It is estimated that fifty percent of the
time (for approximately 5,750
solicitations) the Government will
specify the desired warranty terms, in
which case the contractor provides the
remaining data elements on the
‘‘Warranty Tracking Information’’
attachment and the ‘‘Source of Repair
Instructions’’ attachment with its
proposal, at contract award, or at the
point of delivery. The other fifty percent
of the time, the Contractor will be
required to specify all the warranty
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terms on the ‘‘Warranty Tracking
Information’’ attachment and the
‘‘Source of Repair Instructions’’
attachment.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no known significant
alternatives to the rule. The impact of
this rule on small business is not
expected to be significant.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2014–D026), in
correspondence.
V. Paperwork Reduction Act
The rule contains information
collection requirements that require the
approval of the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C chapter 35);
however, these changes to the DFARS
do not impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0481,
entitled Warranty Tracking of Serialized
Items.
List of Subjects in 48 CFR Parts 246 and
252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 246 and 252
are proposed to be amended as follows:
■ 1. The authority citation for parts 246
and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 246—QUALITY ASSURANCE
2. Amend section 246.701 by—
a. Revising the section heading.
b. Adding introductory text.
c. Removing ‘‘Duration, enterprise,
enterprise identifier, fixed expiration,
issuing agency, item type, starting event,
serialized item, unique item identifier,
usage, warranty administrator, warranty
guarantor, warranty repair source, and
warranty tracking are defined in the
clause at 252.246–7006, Warranty
Tracking of Serialized Items’’; and
■ d. Adding, in alphabetical order, the
definitions of Enterprise, Enterprise
identifier, Issuing agency, Serialized
item, Unique item identifier, and
Warranty tracking.
■
■
■
■
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The additions read as follows:
246.701
Definitions.
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As used in this subpart—
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Enterprise means the entity (e.g., a
manufacturer or vendor) responsible for
granting the warranty and/or assigning
unique item identifiers to serialized
warranty items.
Enterprise identifier means a code
that is uniquely assigned to an
enterprise by an issuing agency.
Issuing agency means an organization
responsible for assigning a globally
unique identifier to an enterprise (e.g.,
Dun & Bradstreet’s Data Universal
Numbering System (DUNS) Number,
GS1 Company Prefix, Allied Committee
135 NATO Commercial and
Government Entity (NCAGE)/
Commercial and Government Entity
(CAGE) Code, or the Coded
Representation of the North American
Telecommunications Industry
Manufacturers, Suppliers, and Related
Service Companies (ATIS–0322000)
Number), European Health Industry
Business Communication Council
(EHIBCC) and Health Industry Business
Communication Council (HIBCC)), as
indicated in the Register of Issuing
Agency Codes for ISO/IEC 15459,
located at https://www.aimglobal.org/
?Reg_Authority15459.
Serialized item means each item
produced is assigned a serial number
that is unique among all the collective
tangible items produced by the
enterprise, or each item of a particular
part, lot, or batch number is assigned a
unique serial number within that part,
lot, or batch number assignment within
the enterprise identifier. The enterprise
is responsible for ensuring unique
serialization within the enterprise
identifier or within the part, lot, or
batch numbers, and that serial numbers,
once assigned, are never used again.
Unique item identifier means a set of
data elements marked on an item that is
globally unique and unambiguous.
Warranty tracking means the ability to
trace a warranted item from delivery
through completion of the effectivity of
the warranty.
■ 3. Amend section 246.710 by revising
paragraph (3) to read as follows:
246.710 Solicitation provision and
contract clauses.
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(3) When the solicitation includes the
clause at 252.211–7003, Item Unique
Identification and Valuation, which is
prescribed in 211.274–6(a), and it is
anticipated that the resulting contract
will include a warranty for serialized
items—
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58673
warranty attachment for each warranted
item shall include such information as
duration, fixed expiration, item type,
starting event, usage, warranty
administrator enterprise identifier, and
warranty guarantor enterprise identifier.
(2) The successful offeror will be
required to provide the following
information no later than when the
warranted items are presented for
receipt and/or acceptance, in
accordance with the clause at 252.246–
7006—
(A) The unique item identifier for
each warranted item required by the
attachment entitled ‘‘Warranty Tracking
Information;’’ and
(B) All information required by the
attachment entitled ‘‘Source of Repair
246.710–70 Warranty attachments.
Instructions’’ for each warranted item.
Follow the procedures at PGI
(3) For additional information on
246.710–70 regarding warranty
warranty attachments, see the
attachments.
‘‘Warranty and Source of Repair’’
training and ‘‘Warranty and Source of
PART 252—SOLICITATION
Repair Tracking User Guide’’ accessible
PROVISIONS AND CONTRACT
on the Product Data Reporting and
CLAUSES 252.211–7003 [AMENDED]
Evaluation Program (PDREP) Web site at
https://www.pdrep.csd.disa.mil/pdrep_
■ 5. Amend section 252.211–7003 by—
files/other/wsr.htm.
■ a. Removing the clause date ‘‘(DEC
2013)’’ and adding ‘‘(DATE)’’ in its
(End of provision)
place; and
■ 7. Amend section 252.246–7006 by—
■ b. In paragraph (a), in the definition of
■ a. In the introductory text, removing
‘‘Issuing agency,’’ removing ‘‘https://
‘‘246.710(3)(i)(B)’’ and adding
www.nen.nl/Normontwikkeling/
‘‘246.710(3)(ii)’’ in its place;
Certificatieschemas-en-keurmerken/
■ b. Removing the clause date ‘‘(JUN
Schemabeheer/ISOIEC-15459.htm under 2011)’’ and adding ‘‘(DATE)’’ in its
‘Register.’ ’’ and adding ‘‘https://
place;
■ c. In paragraph (a)—
www.aimglobal.org/?Reg_
■ i. In the definition of ‘‘Issuing
Authority15459.’’ in its place.
agency,’’ removing ‘‘https://www.nen.nl/
■ 6. Amend section 252.246–7005 by—
Normontwikkeling/Certificatieschemas■ a. In the introductory text, removing
en-keurmerken/Schemabeheer/ISOIEC‘‘246.710(3)(i)(A)’’ and adding
15459.htm’’ and adding ‘‘https://
‘‘246.710(3)(i)’’ in its place;
■ b. Removing the clause date ‘‘(JUN
www.aimglobal.org/?Reg_
2011)’’ and adding ‘‘(DATE)’’ in its
Authority15459’’ in its place.
■ ii. In the definition of ‘‘Starting
place; and
■ c. Revising paragraphs (a) and (b).
event,’’ adding ‘‘, such as first use or
The revisions read as follows:
upon installation’’ after ‘‘warranty’’; and
■ d. Revising paragraph (b).
252.246–7005 Notice of Warranty Tracking
The revision reads as follows:
(i) Use the provision at 252.246–7005,
Notice of Warranty Tracking of
Serialized Items, in the solicitation if
the Government does not specify a
warranty and offerors will be required to
enter data with the offer;
(ii) Use the clause at 252.246–7006,
Warranty Tracking of Serialized Items,
in the solicitation and contract; and
(iii) Include the following warranty
attachments, available at https://
www.pdrep.csd.disa.mil/pdrep_files/
other/wsr.htm, in the solicitation and
contract and see 246.710–70:
(A) Warranty Tracking Information.
(B) Source of Repair Instructions.
■ 4. Revise section 246.710–70 to read
as follows:
of Serialized Items.
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(a) Definitions. Duration, enterprise,
enterprise identifier, fixed expiration,
item type, serialized item, starting event,
unique item identifier, usage, warranty
administrator, warranty guarantor, and
warranty tracking are defined in the
clause at 252.246–7006, Warranty
Tracking of Serialized Items.
(b) Reporting of data for warranty
tracking and administration. (1) The
Offeror shall provide the information
required by the attachment entitled
‘‘Warranty Tracking Information’’ on
each contract line item number, subline
item number, or exhibit line item
number for warranted items with its
offer. Information required in the
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252.246–7006 Warranty Tracking of
Serialized Items.
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(b) Reporting of data for warranty
tracking and administration. (1) The
Contractor shall provide the information
required by the attachment entitled
‘‘Warranty Tracking Information’’ on
each contract line item number, subline
item number, or exhibit line item
number for warranted items no later
than the time of award. Information
required in the warranty attachment
shall include such information as
duration, fixed expiration, item type,
starting event, usage, warranty
administrator enterprise identifier, and
warranty guarantor enterprise identifier.
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(2) The Contractor shall provide the
following information no later than
when the warranted items are presented
for receipt and/or acceptance—
(A) The unique item identifier for
each warranted item required by the
attachment entitled ‘‘Warranty Tracking
Information;’’ and
(B) The warranty repair source
information and instructions for each
warranted item required by the
attachment entitled ‘‘Source of Repair
Instructions.’’
(3) The Contractor shall submit the
data for warranty tracking to the
Contracting Officer with a copy to the
requiring activity and the Contracting
Officer Representative.
(4) For additional information on
warranty attachments, see the
‘‘Warranty and Source of Repair’’
training and ‘‘Warranty and Source of
Repair Tacking User Guide’’ accessible
on the Product Data Reporting and
Evaluation Program (PDREP) Web site at
https://www.pdrep.csd.disa.mil/pdrep_
files/other/wsr.htm.
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[FR Doc. 2015–24784 Filed 9–29–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket. No. FWS–R4–ES–2015–0144;
4500030113]
RIN 1018–BA94
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
for the Elfin-woods Warbler
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the elfin-woods warbler (Setophaga
angelae), a bird species in Puerto Rico,
as a threatened species under the
Endangered Species Act (Act). If we
finalize this rule as proposed, it would
extend the Act’s protections to this
species.
SUMMARY:
We will accept comments
received or postmarked on or before
November 30, 2015. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing
date. We must receive requests for
public hearings, in writing, at the
address shown in FOR FURTHER
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DATES:
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INFORMATION CONTACT
by November 16,
2015.
You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2015–0144, which is
the docket number for this rulemaking.
Click the Search button. Then, in the
Search panel on the left side of the
screen, under the Document Type
heading, click on the Proposed Rules
link to locate this document. You may
submit a comment by clicking on
‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R4–ES–2015–
0144; U.S. Fish and Wildlife Service,
MS: BPHC, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Marelisa Rivera, Deputy Field
Supervisor, U.S. Fish and Wildlife
Service, Caribbean Ecological Services
Field Office, P.O. Box 491, Road 301
´
Km. 5.1, Boqueron, PR 00622; telephone
787–851–7297; facsimile 787–851–7440.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Executive Summary
Why we need to publish a rule. Under
the Endangered Species Act (Act), if we
determine that a species is an
endangered or threatened species
throughout all or a significant portion of
its range, we are required to promptly
publish a proposal in the Federal
Register and make a determination on
our proposal within 1 year. Listing a
species as an endangered or threatened
species can only be completed by
issuing a rule.
This rulemaking proposes the listing
of the elfin-woods warbler (Setophaga
angelae) as a threatened species. The
elfin-woods warbler is a candidate
species for which we have on file
sufficient information on biological
vulnerability and threats to support
preparation of a listing proposal, but for
which development of a listing rule has
until now been precluded by other
higher priority listing activities. We are
also proposing a rule under section 4(d)
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of the Act to provide for conservation
measures for the elfin-woods warbler.
The basis for our action. Under the
Act, we may determine that a species is
a threatened species based on any of
five factors: (A) The present or
threatened destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; or (E) other natural or
manmade factors affecting its continued
existence. We propose to list this
species, which is currently at risk
throughout all of its range due to threats
related to habitat modification on
private lands under agricultural and
other land use requiring vegetation
clearance (Factor A). In addition, other
natural or manmade factors, such as
restricted distribution and lack of
connectivity, genetic drift, hurricanes,
and climate change, are considered
threats (Factor E).
We will seek peer review. We will seek
comments from independent specialists
to ensure that our determination is
based on scientifically sound data,
assumptions, and analyses. We will
invite these peer reviewers to comment
on this listing proposal.
Information Requested
Public Comments
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other concerned
governmental agencies, the scientific
community, industry, or any other
interested parties concerning this
proposed rule. We particularly seek
comments concerning:
(1) The biology, range, and population
trends of the elfin-woods warbler,
including:
(a) Habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns;
(d) Historical and current population
levels, and current and projected trends
(especially in El Yunque National Forest
and Carite Commonwealth Forest); and
(e) Past and ongoing conservation
measures for the species, its habitat or
both.
(2) Factors that may affect the
continued existence of the species,
which may include habitat modification
or destruction, overutilization, disease,
predation, the inadequacy of existing
E:\FR\FM\30SEP1.SGM
30SEP1
]]>Agencies
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Proposed Rules]
[Pages 58671-58674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24784]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 246 and 252
[Docket No. DARS-2015-0054]
RIN 0750-AI39
Defense Federal Acquisition Regulation Supplement: Warranty
Tracking of Serialized Items (DFARS Case 2014-D026)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to require use of the electronic contract
attachments accessible via the Product Deficiency Reporting and
Evaluation Program to record and track warranty data and source of
repair information for serialized items.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before November 30, 2015, to be
considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2014-D026, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2014-D026''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2014-D026.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2014-D026'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2014-D026 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Kyoung Lee, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Kyoung Lee, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
On June 8, 2011, DoD published a final rule in the Federal Register
(76 FR 33166) to establish the requirements and formats for tracking
warranties for items subject to Item Unique Identification (IUID) in
the IUID registry in the DFARS. The rule added the provision at DFARS
252.246-7005, Notice of Warranty Tracking of Serialized Items, and the
clause at DFARS 252.246-7006, Warranty Tracking of Serialized Items,
with standard contract attachments and instructions for reporting data
necessary to track warranty information for each serialized item.
On April 12, 2012, the Director, Defense Procurement Acquisition
Policy (DPAP), issued a memorandum entitled
[[Page 58672]]
``Implementation of Defense Federal Acquisition Regulation Supplement
Provision and Clause for Warranty Tracking of Serialized Items'' to
encourage the use of a machine readable, fillable Adobe portable
document format (PDF) for the electronic submission of warranty
information required by the provision and clause. This memorandum also
announced planned updates to the Product Deficiency Reporting and
Evaluation Program (PDREP) to facilitate the electronic collection,
storage and distribution of warranty data and provide for a common,
searchable data source for enterprise warranty data.
II. Discussion and Analysis
The electronic warranty attachments entitled ``Warranty Tracking
Information'' and ``Source of Repair Instructions'' are now available
in PDREP. The purpose of this proposed rule is to amend DFARS 246.710,
DFARS clause 252.246-7005, Notice of Warranty Tracking of Serialized
Items, and DFARS clause 252.246-7006, Warranty Tracking of Serialized
Items, to make use of the electronic warranty attachments in PDREP
mandatory for solicitations and contracts when warranty of serialized
items is anticipated or required. This rule also clarifies the
requirements for completion and submission of the warranty attachments.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
DoD expects that this proposed rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act 5 U.S.C. 601, et seq.
However, an initial regulatory flexibility analysis has been prepared
and is summarized as follows:
The purpose of this proposed rule is to amend the DFARS to require
the use of the electronic formats for the ``Warranty Tracking
Information'' and ``Source of Repair Instructions'' attachments,
required for use in tracking the warranties of serialized items by the
provision at DFARS 252.246-7005, Notice of Warranty Tracking of
Serialized Items, and the clause at DFARS 252.246-7006, Warranty
Tracking of Serialized Items.
Use of the electronic formats will improve the process of
collecting and sharing data on warranties provided by contractors on
serialized items procured by DoD. Additionally, use of the electronic
formats available via the Product Deficiency Reporting and Evaluation
Program (PDREP) ensure the data elements for warranty terms are
effectively transmitted through various systems such as: Electronic
Document Access; Wide Area WorkFlow; the Invoice, Receipt, Acceptance
and Property Transfer module; and the PDREP Warranty Tracking database.
According to data available in the Federal Procurement Data System,
in fiscal year (FY) 2014 DoD awarded 5,807 contracts that contain one
or more warranty clauses. Subject matter experts within DoD estimate
that almost twice as many solicitations (11,500) issued by DoD in FY
2014 may have contained a warranty clause. It is also estimated that an
average of four offers may have been received in response those
solicitations, or 46,000 total offers. Of those responses,
approximately 85%, or 39,100 responses, are estimated to be received
from small businesses.
This rule does not create any new reporting or recordkeeping
requirements. Offerors and contractors are already required to complete
the attachments in accordance with the provision at DFARS 252.246-7005,
Notice of Warranty Tracking of Serialized Items, and the clause at
DFARS 252.246-7006, Warranty Tracking of Serialized Items. Rather, this
rule requires contractors and offerors to complete the warranty
attachments using the specified electronic formats.
It is estimated that fifty percent of the time (for approximately
5,750 solicitations) the Government will specify the desired warranty
terms, in which case the contractor provides the remaining data
elements on the ``Warranty Tracking Information'' attachment and the
``Source of Repair Instructions'' attachment with its proposal, at
contract award, or at the point of delivery. The other fifty percent of
the time, the Contractor will be required to specify all the warranty
terms on the ``Warranty Tracking Information'' attachment and the
``Source of Repair Instructions'' attachment.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. There are no known significant alternatives to the rule.
The impact of this rule on small business is not expected to be
significant.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2014-D026), in
correspondence.
V. Paperwork Reduction Act
The rule contains information collection requirements that require
the approval of the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C chapter 35); however, these changes to the
DFARS do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 0704-
0481, entitled Warranty Tracking of Serialized Items.
List of Subjects in 48 CFR Parts 246 and 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 246 and 252 are proposed to be amended as
follows:
0
1. The authority citation for parts 246 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 246--QUALITY ASSURANCE
0
2. Amend section 246.701 by--
0
a. Revising the section heading.
0
b. Adding introductory text.
0
c. Removing ``Duration, enterprise, enterprise identifier, fixed
expiration, issuing agency, item type, starting event, serialized item,
unique item identifier, usage, warranty administrator, warranty
guarantor, warranty repair source, and warranty tracking are defined in
the clause at 252.246-7006, Warranty Tracking of Serialized Items'';
and
0
d. Adding, in alphabetical order, the definitions of Enterprise,
Enterprise identifier, Issuing agency, Serialized item, Unique item
identifier, and Warranty tracking.
[[Page 58673]]
The additions read as follows:
246.701 Definitions.
As used in this subpart--
* * * * *
Enterprise means the entity (e.g., a manufacturer or vendor)
responsible for granting the warranty and/or assigning unique item
identifiers to serialized warranty items.
Enterprise identifier means a code that is uniquely assigned to an
enterprise by an issuing agency.
Issuing agency means an organization responsible for assigning a
globally unique identifier to an enterprise (e.g., Dun & Bradstreet's
Data Universal Numbering System (DUNS) Number, GS1 Company Prefix,
Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/
Commercial and Government Entity (CAGE) Code, or the Coded
Representation of the North American Telecommunications Industry
Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000)
Number), European Health Industry Business Communication Council
(EHIBCC) and Health Industry Business Communication Council (HIBCC)),
as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459,
located at https://www.aimglobal.org/?Reg_Authority15459.
Serialized item means each item produced is assigned a serial
number that is unique among all the collective tangible items produced
by the enterprise, or each item of a particular part, lot, or batch
number is assigned a unique serial number within that part, lot, or
batch number assignment within the enterprise identifier. The
enterprise is responsible for ensuring unique serialization within the
enterprise identifier or within the part, lot, or batch numbers, and
that serial numbers, once assigned, are never used again.
Unique item identifier means a set of data elements marked on an
item that is globally unique and unambiguous.
Warranty tracking means the ability to trace a warranted item from
delivery through completion of the effectivity of the warranty.
0
3. Amend section 246.710 by revising paragraph (3) to read as follows:
246.710 Solicitation provision and contract clauses.
* * * * *
(3) When the solicitation includes the clause at 252.211-7003, Item
Unique Identification and Valuation, which is prescribed in 211.274-
6(a), and it is anticipated that the resulting contract will include a
warranty for serialized items--
(i) Use the provision at 252.246-7005, Notice of Warranty Tracking
of Serialized Items, in the solicitation if the Government does not
specify a warranty and offerors will be required to enter data with the
offer;
(ii) Use the clause at 252.246-7006, Warranty Tracking of
Serialized Items, in the solicitation and contract; and
(iii) Include the following warranty attachments, available at
https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm, in the
solicitation and contract and see 246.710-70:
(A) Warranty Tracking Information.
(B) Source of Repair Instructions.
0
4. Revise section 246.710-70 to read as follows:
246.710-70 Warranty attachments.
Follow the procedures at PGI 246.710-70 regarding warranty
attachments.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.211-7003
[AMENDED]
0
5. Amend section 252.211-7003 by--
0
a. Removing the clause date ``(DEC 2013)'' and adding ``(DATE)'' in its
place; and
0
b. In paragraph (a), in the definition of ``Issuing agency,'' removing
``https://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm under `Register.' '' and adding ``https://www.aimglobal.org/?Reg_Authority15459.'' in its place.
0
6. Amend section 252.246-7005 by--
0
a. In the introductory text, removing ``246.710(3)(i)(A)'' and adding
``246.710(3)(i)'' in its place;
0
b. Removing the clause date ``(JUN 2011)'' and adding ``(DATE)'' in its
place; and
0
c. Revising paragraphs (a) and (b).
The revisions read as follows:
252.246-7005 Notice of Warranty Tracking of Serialized Items.
* * * * *
(a) Definitions. Duration, enterprise, enterprise identifier, fixed
expiration, item type, serialized item, starting event, unique item
identifier, usage, warranty administrator, warranty guarantor, and
warranty tracking are defined in the clause at 252.246-7006, Warranty
Tracking of Serialized Items.
(b) Reporting of data for warranty tracking and administration. (1)
The Offeror shall provide the information required by the attachment
entitled ``Warranty Tracking Information'' on each contract line item
number, subline item number, or exhibit line item number for warranted
items with its offer. Information required in the warranty attachment
for each warranted item shall include such information as duration,
fixed expiration, item type, starting event, usage, warranty
administrator enterprise identifier, and warranty guarantor enterprise
identifier.
(2) The successful offeror will be required to provide the
following information no later than when the warranted items are
presented for receipt and/or acceptance, in accordance with the clause
at 252.246-7006--
(A) The unique item identifier for each warranted item required by
the attachment entitled ``Warranty Tracking Information;'' and
(B) All information required by the attachment entitled ``Source of
Repair Instructions'' for each warranted item.
(3) For additional information on warranty attachments, see the
``Warranty and Source of Repair'' training and ``Warranty and Source of
Repair Tracking User Guide'' accessible on the Product Data Reporting
and Evaluation Program (PDREP) Web site at https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.
(End of provision)
0
7. Amend section 252.246-7006 by--
0
a. In the introductory text, removing ``246.710(3)(i)(B)'' and adding
``246.710(3)(ii)'' in its place;
0
b. Removing the clause date ``(JUN 2011)'' and adding ``(DATE)'' in its
place;
0
c. In paragraph (a)--
0
i. In the definition of ``Issuing agency,'' removing ``https://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm'' and adding ``https://www.aimglobal.org/?Reg_Authority15459'' in its place.
0
ii. In the definition of ``Starting event,'' adding ``, such as first
use or upon installation'' after ``warranty''; and
0
d. Revising paragraph (b).
The revision reads as follows:
252.246-7006 Warranty Tracking of Serialized Items.
* * * * *
(b) Reporting of data for warranty tracking and administration. (1)
The Contractor shall provide the information required by the attachment
entitled ``Warranty Tracking Information'' on each contract line item
number, subline item number, or exhibit line item number for warranted
items no later than the time of award. Information required in the
warranty attachment shall include such information as duration, fixed
expiration, item type, starting event, usage, warranty administrator
enterprise identifier, and warranty guarantor enterprise identifier.
[[Page 58674]]
(2) The Contractor shall provide the following information no later
than when the warranted items are presented for receipt and/or
acceptance--
(A) The unique item identifier for each warranted item required by
the attachment entitled ``Warranty Tracking Information;'' and
(B) The warranty repair source information and instructions for
each warranted item required by the attachment entitled ``Source of
Repair Instructions.''
(3) The Contractor shall submit the data for warranty tracking to
the Contracting Officer with a copy to the requiring activity and the
Contracting Officer Representative.
(4) For additional information on warranty attachments, see the
``Warranty and Source of Repair'' training and ``Warranty and Source of
Repair Tacking User Guide'' accessible on the Product Data Reporting
and Evaluation Program (PDREP) Web site at https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.
* * * * *
[FR Doc. 2015-24784 Filed 9-29-15; 8:45 am]
BILLING CODE 5001-06-P
