Defense Federal Acquisition Regulation Supplement: Warranty Tracking of Serialized Items (DFARS Case 2014-D026), 58671-58674 [2015-24784]

Download as PDF 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 mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 17:54 Sep 29, 2015 Jkt 235001 [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: PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 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: http:// 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 http:// 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 E:\FR\FM\30SEP1.SGM 30SEP1 58672 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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: VerDate Sep<11>2014 17:54 Sep 29, 2015 Jkt 235001 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 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 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. ■ ■ ■ ■ E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules The additions read as follows: 246.701 Definitions. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 http://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. * * * * * (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— VerDate Sep<11>2014 17:54 Sep 29, 2015 Jkt 235001 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 ‘‘http:// ‘‘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 ‘‘http:// place; ■ c. In paragraph (a)— www.aimglobal.org/?Reg_ ■ i. In the definition of ‘‘Issuing Authority15459.’’ in its place. agency,’’ removing ‘‘http://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 ‘‘http:// ‘‘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. * * * * * (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 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 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. E:\FR\FM\30SEP1.SGM 30SEP1 58674 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules (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 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 mstockstill on DSK4VPTVN1PROD with PROPOSALS DATES: VerDate Sep<11>2014 17:54 Sep 29, 2015 Jkt 235001 INFORMATION CONTACT by November 16, 2015. You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// 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 http:// 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) PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 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]


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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: http://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 http://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 http://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 
``http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm under `Register.' '' and adding ``http://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 ``http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm'' and adding ``http://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