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DCN20080812
DFARS CHANGE NOTICE 20080812
FR Doc E8-18506[Federal Register: August 12, 2008 (Volume 73, Number 156)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 208
Defense Federal Acquisition Regulation Supplement; Competition Requirements for Purchases From Federal Prison Industries (DFARS Case 2008-D015)
AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION: Interim rule with request for comments.
SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement to implement Section 827 of the National Defense Authorization Act for Fiscal Year 2008. Section 827 requires the use of competitive procedures in the acquisition of items for which Federal Prison Industries has a significant market share.
DATES: Effective date: August 12, 2008.
Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before October 14, 2008, to be considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2008-D015, using any of the following methods:
. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
. E-mail: dfars@osd.mil. Include DFARS Case 2008-D015 in the subject line of the message.
. Fax: 703-602-7887.
. Mail: Defense Acquisition Regulations System, Attn: Mr. Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.
. Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, 703-602-1302.
SUPPLEMENTARY INFORMATION:
A. Background Section 827 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) amended 10 U.S.C. 2410n to require the use of competitive procedures in the acquisition of items for which Federal Prison Industries (FPI) has a significant market share. Section 827 provides that FPI shall be treated as having a significant share of the market for a product if DoD, in consultation with the Office of Federal Procurement Policy, determines that the FPI share of the DoD market for the category of products including that product is greater than 5 percent.
DoD has determined that FPI presently has a significant market share of the items in the following Federal Supply Classes (FSC). DoD will update the following list as necessary.
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act DoD has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. A copy of the analysis may be obtained from the point of contact specified herein. The analysis is summarized as follows:
The objective of the rule is to provide for competition in the acquisition of items for which FPI has a significant market share. The legal basis for the rule is 10 U.S.C. 2410n, as amended by Section 827 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181). The rule is expected to benefit small business concerns that offer items for which FPI has a significant market share, by permitting those concerns to compete for additional DoD contract awards. The rule also could adversely impact small business concerns that provide supplies and services to FPI relative to the affected items. The rule deviates from the policy in Subpart 8.6 of the Federal Acquisition Regulation with regard to the acquisition of items from FPI. This alternate DoD policy is necessary to implement Section 827 of Public Law 110-181.
DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2008-D015.
C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense, that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 827 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181). Section 827 requires DoD to use competitive procedures in the acquisition of items for which FPI has a significant share of the DoD market. Comments received in response to this interim rule will be considered in the formation of the final rule.
List of Subjects in 48 CFR Part 208
Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 208 is amended as follows:
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
1. The authority citation for 48 CFR part 208 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Subpart 208.6 is added to read as follows:
Subpart 208.6--Acquisition From Federal Prison Industries, Inc.
208.602-70 Acquisition of items for which FPI has a significant market share.
(a) Scope. This subsection implements Section 827 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(b) Definition. Item for which FPI has a significant market share, as used in this subsection, means an item for which FPI's share of the DoD market for the federal supply class including that item is greater than 5 percent, as determined by DoD in consultation with the Office of Federal Procurement Policy. A list of the federal supply classes of items for which FPI has a significant market share is maintained at http://www.acq.osd.mil/dpap/cpic/cp/specific_policy_areas.html#federal_….
(c) Policy.
(1) When acquiring an item for which FPI has a significant market share--
(i) Acquire the item using--
(A) Competitive procedures (e.g., the procedures in FAR 6.102, the set-aside procedures in FAR Subpart 19.5, or competition conducted in accordance with FAR Part 13); or
(B) The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award delivery-order contract; and
(ii) Include FPI in the solicitation process, consider a timely offer from FPI, and make an award in accordance with the policy at FAR 8.602(a)(4)(ii) through (v).
(2) When acquiring an item for which FPI does not have a significant market share, acquire the item in accordance with the policy at FAR 8.602.
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 203, 250, and 252
Defense Federal Acquisition Regulation Supplement; Conforming Changes--Standards of Conduct and Extraordinary Contractual Actions (DFARS Case 2008-D004)
AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing contractor standards of conduct and the handling of extraordinary contractual actions. The DFARS changes are consistent with changes made to the Federal Acquisition Regulation.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 703-602-7887. Please cite DFARS Case 2008-D004.
SUPPLEMENTARY INFORMATION:
A. Background This final rule updates DFARS text for consistency with changes made to the Federal Acquisition Regulation (FAR) as follows: . Removes DFARS Subpart 203.70, Contractor Standards of Conduct, and the corresponding contract clause at 252.203-7002, since policy on this subject was added to the FAR at 72 FR 65873 on November 23, 2007. . Adds DFARS 203.1004 to provide address information for use in completion of the clause at FAR 52.203-14, Display of Hotline Poster(s).
. Revises DFARS Part 250 for consistency with the structure of FAR Part 50, as revised at 72 FR 63027 on November 7, 2007. The DFARS changes update headings, numbering, and cross-references, and reflect the dollar threshold currently specified in the FAR with regard to delegation of authority for approval of extraordinary contractual actions.
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2008-D004.
C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 203, 250, and 252
Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 203, 250, and 252 are amended as follows:
1. The authority citation for 48 CFR parts 203, 250, and 252 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
2. Subpart 203.10 is added to read as follows:
Subpart 203.10--Contractor Code of Business Ethics and Conduct
203.1004 Contract clauses.
(b)(2)(ii) Insert the following address in paragraph (b)(3) of the clause at FAR 52.203-14, Display of Hotline Poster(s): DoD Inspector General, ATTN: Defense Hotline, 400 Army Navy Drive, Washington, DC 22202-2884.
Subpart 203.70 [Removed]
3. Subpart 203.70 is removed.
4. Part 250 is revised to read as follows:
PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
Subpart 250.1--Extraordinary Contractual Actions
Sec.
250.100 Definitions.
250.101 General.
250.101-2 Policy.
250.101-2-70 Limitations on payment.
250.101-3 Records.
250.102 Delegation of and limitations on exercise of authority.
250.102-1 Delegation of authority.
250.102-1-70 Delegations.
250.102-2 Contract adjustment boards.
250.103 Contract adjustments.
250.103-3 Contract adjustment.
250.103-5 Processing cases.
250.103-6 Disposition.
250.104 Residual powers.
250.104-3 Special procedures for unusually hazardous or nuclear risks.
250.104-3-70 Indemnification under contracts involving both research and development and other work.
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
Subpart 250.1--Extraordinary Contractual Actions
250.100 Definitions.
Secretarial level, as used in this subpart, means--
(1) An official at or above the level of an Assistant Secretary (or Deputy) of Defense or of the Army, Navy, or Air Force; and
(2) A contract adjustment board established by the Secretary concerned.
250.101 General.
250.101-2 Policy.
250.101-2-70 Limitations on payment.
See 10 U.S.C. 2410(b) for limitations on Congressionally directed payment of a request for equitable adjustment to contract terms or a request for relief under Public Law 85-804.
250.101-3 Records.
Follow the procedures at PGI 250.101-3 for preparation of records.
250.102 Delegation of and limitations on exercise of authority.
250.102-1 Delegation of authority.
(b) Authority under FAR 50.104 to approve actions obligating $55,000 or less may not be delegated below the level of the head of the contracting activity.
(d) In accordance with the acquisition authority of the Under Secretary of Defense (Acquisition, Technology, and Logistics (USD (AT&L)) under 10 U.S.C. 133, in addition to the Secretary of Defense and the Secretaries of the military departments, the USD (AT&L) may exercise authority to indemnify against unusually hazardous or nuclear risks.
250.102-1-70 Delegations.
(a) Military departments. The Departments of the Army, Navy, and Air Force will specify delegations and levels of authority for actions under the Act and the Executive Order in departmental supplements or agency acquisition guidance.
(b) Defense agencies. Subject to the restrictions on delegations of authority in 250.102-1(b) and FAR 50.102-1, the directors of the defense agencies may exercise and redelegate the authority contained in the Act and the Executive Order. The agency supplements or agency acquisition guidance shall specify the delegations and levels of authority.
(1) Requests to obligate the Government in excess of $55,000 must be submitted to the USD (AT&L) for approval.
(2) Requests for indemnification against unusually hazardous or nuclear risks must be submitted to the USD(AT&L) for approval before using the indemnification clause at FAR 52.250-1, Indemnification Under Public Law 85-804.
(c) Approvals. The Secretary of the military department or the agency director must approve any delegations in writing.
250.102-2 Contract adjustment boards.
The Departments of the Army, Navy, and Air Force each have a contract adjustment board. The board consists of a Chair and not less than two nor more than six other members, one of whom may be designated the Vice-Chair. A majority constitutes a quorum for any purpose and the concurring vote of a majority of the total board membership constitutes an action of the board. Alternates may be appointed to act in the absence of any member.
250.103 Contract adjustments.
250.103-3 Contract adjustment.
(a) Contractor requests should be filed with the procuring contracting officer (PCO). However, if filing with the PCO is impractical, requests may be filed with an authorized representative, an administrative contracting officer, or the Office of General Counsel of the applicable department or agency, for forwarding to the cognizant PCO.
250.103-5 Processing cases.
(1) At the time the request is filed, the activity shall prepare the record described at PGI 250.101-3(1)(i) and forward it to the appropriate official within 30 days after the close of the month in which the record is prepared.
(2) The officer or official responsible for the case shall forward to the contract adjustment board, through departmental channels, the documentation described at PGI 250.103-5.
(3) Contract adjustment boards will render decisions as expeditiously as practicable. The Chair shall sign a memorandum of decision disposing of the case. The decision shall be dated and shall contain the information required by FAR 50.103-6. The memorandum of decision shall not contain any information classified ``Confidential'' or higher. The board's decision will be sent to the appropriate official for implementation.
250.103-6 Disposition.
For requests denied or approved below the Secretarial level, follow the disposition procedures at PGI 250.103-6.
250.104 Residual powers.
250.104-3 Special procedures for unusually hazardous or nuclear risks.
250.104-3-70 Indemnification under contracts involving both research and development and other work.
When indemnification is to be provided on contracts requiring both research and development work and other work, the contracting officer shall insert an appropriate clause using the authority of both 10 U.S.C. 2354 and Public Law 85-804.
(a) The use of Public Law 85-804 is limited to work which cannot be indemnified under 10 U.S.C. 2354 and is subject to compliance with FAR 50.104.
(b) Indemnification under 10 U.S.C. 2354 is covered by 235.070.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.203-7002 [Removed]
5. Section 252.203-7002 is removed.
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
Defense Federal Acquisition Regulation Supplement; Item Identification and Valuation Clause Update (DFARS Case 2007-D007)
AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update and clarify requirements for unique identification and valuation of items delivered under DoD contracts. The rule revises the applicable contract clause to reflect the current requirements.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302; facsimile 703-602-7887. Please cite DFARS Case 2007-D007.
SUPPLEMENTARY INFORMATION:
A. Background The contract clause at DFARS 252.211-7003, Item Identification and Valuation, requires unique identification for all delivered items for which the Government's unit acquisition cost is $5,000 or more, and for other items designated by the Government. In addition, the clause requires identification of the Government's unit acquisition cost for all delivered items, and provides instructions to contractors regarding the identification and valuation processes.
This final rule updates and clarifies the requirements of the clause at DFARS 252.211-7003. The changes include: Update of references to standards and other documents; clarification of the definition of unique item identifier; specifically addressing the DoD recognized unique identification equivalent, where applicable; clarification of data submission requirements for end items and embedded items; clarification of requirements for inclusion of the clause in subcontracts; and update of referenced Internet addresses.
DoD published a proposed rule at 72 FR 42367 on August 2, 2007. Two respondents submitted comments on the proposed rule. A discussion of the comments is provided below.
1. Comment: ``Type designation'' should be added to the list of information to be reported by the contractor, in paragraph (d) of the clause, and a definition of ``type designation'' should be added to the clause.
DoD Response: DoD does not believe it is necessary to address type designation in the contract clause. Contractors are required to report Item Unique Identification (IUID) data elements through use of the Wide Area WorkFlow (WAWF) Material Inspection and Receiving Report or by direct submission to the DoD IUID Registry using electronic XML, flat files, or user-defined formats. The WAWF Material Inspection and Receiving Report presently does not have the capability to report the Mark Content data elements, which include type designation. Therefore, relatively few items will have a type designation assigned. However, when required to do so, contractors can report type designation and other relevant Mark Content data elements using the ``Guidelines for Registering Government Serialization, Type Designation and Ownership of Major End Items, Assemblies and Subassemblies and Capital Equipment in the IUID Registry'' at http://www.acq.osd.mil/dpap/pdi/uid/guides.html.
2. Comment: The clause should include more clarification of the IUID data elements. For the most part, clarification is needed for vendors that use WAWF to create a Material Inspection and Receiving Report and enter IUID data on the WAWF UID data entry forms.
DoD Response: The clause refers vendors to the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html, which has descriptions of the data elements and how to submit them. It is not necessary to repeat these procedures in the contract clause.
3. Comment: With regard to the requirement for ``original part number (if there is serialization within the original part number),'' vendors are confused as to whether they can enter the delivered item's part number when UID Type 1 is the construct used (UID Type 1 is concatenated Issuing Agency Code + Enterprise Identifier + Serial Number). The clause should address the following
: (1) Is the original part number only provided when there is serialization within the original part number (i.e., UID Type 2)?
(2) Can the vendor enter the original part number in the WAWF form (or direct entry to the Registry) when it does not use UID Type 2 (e.g., using UID Type 1, ESN, VIN)? WAWF will allow data entry of the original part number when any UID type is used, including ESN, VIN, GRAI, GIAI, etc.
DoD Response: DoD does not believe clarification is necessary in the contract clause. The original part number must be submitted to the IUID Registry when serialization is unique within the part number (i.e., it is a component of the Unique Item Identifier (UII)). It is permissible to submit the original part number when not required by the clause (i.e., it is not a component of the UII). WAWF will allow the entry of the original part number with IUID types other than UID Type 2.
4. Comment: Clarification is needed with regard to the word ``original.'' For example, a vendor will be delivering an item with a company part number of 123ABC-005. The item has evolved over the years; the true original part number was 123ABC-001. At the time the UII is assigned to the asset, the UID original part number is the company's current part number as recorded in its configuration management system. That is, for an item delivered today, the UID original part number would be 123ABC-005, not 123ABC-001. If this is correct, the definition of ``original part number'' should be clarified.
DoD Response: DoD does not believe the clarification is necessary. The rule defines ``original part number'' as a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. The key to the meaning of ``original part number'' is ``* * * at item creation to a class of items with the same form, fit, function, and interface.'' Thus, the original part number used in a UII Construct 2 must be that part number assigned to the class of items with the same form, fit, function, and interface that the UII item has. For new items (i.e., the items covered by this rule) the part number of the delivered item will be the original part number.
5. Comment: Can a lot or batch number be entered if UID Type 2 is not used? WAWF allows entry of both the original part number and lot/batch number when UID Type 2 is chosen. Should this be allowed? If not, the clause should state that only the original part number or lot/batch number may be used.
DoD Response: The clause requires that the part, lot, or batch number be used. As stated in the DoD Guide to Uniquely Identifying Items, Appendix C, Business Rule 13, available at http://www.acq.osd.mil/dpap/pdi/uid/guides.html, data elements not required to construct the concatenated UII shall remain discrete but may be contained within the same mark or media as the UII-required elements, as long as all the data elements contained in the mark or media are properly identified with a data qualifier. The UII data elements should appear first in the sequence. This means that a lot number can be included in the data matrix as long as the data qualifier used to define it is not one that is used for a UII data element. In the case of a lot number, the data qualifiers that can be used in the UII construct are the data identifier ``1T'' or the text element identifiers ``LOT'', ``LTN'', or ``BII''. These data qualifiers cannot be used to describe an additional data element not part of the Construct 2 UII when the original part number is used in the UII. The data identifier for current lot number ``30T'' can be used to describe the lot number when either ``1P'' or ``1T'' is used in the UII Construct 2. There is no other data qualifier for current lot number other than ``30T''.
6. Comment: The clause should provide a clear definition of ``current part number'' and should clarify when a current part number must be reported and submitted.
DoD Response: MIL-STD-130N, Table IV, UII construct business rules and supplemental data, states that ``In instances where the part number changes with new configurations (also known as part number roll), the current part number shall be included on the item for traceability purposes and may be included as a separate data element.'' For new items (i.e., the items covered by this rule), the part number of the delivered item will be the current part number as well as the original part number.
7. Comment: The clause does not mention the increase in value to an asset because of a change in the current part number. In WAWF, this value is called the ``current part cost.'' In the IUID Software User's Manual Version 3.4, it is called ``acquisition value'' (not to be confused with acquisition cost). The Manual states that acquisition value is the cost incurred by DoD when a part number changes, the value added to an item when it is updated. The IUID Flat File Specification, Version 2, June 19, 2007, defines ``acquisition value'' as the cost incurred by DoD when the part number changes. The IUID XML Data Submission Guide calls this value ``current acquisition value'' and defines it as the cost incurred by DoD when a part number changes. The clause, the IUID software manual, and WAWF should be consistent, and the DFARS clause should include the value added because of a part number change.
DoD Response: The cost captured by the IUID Registry is the unit acquisition cost at the time of delivery of the item. Any additional cost added to the item after delivery is determined in the military equipment valuation process. DoD will revise the Software User's Manual to remove the phrase ``the value added to an item when it is updated'', since that is determined by the military equipment valuation rules.
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act DoD certifies that this final 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., because the rule does not significantly change requirements relating to the identification and valuation of items delivered under DoD contracts. The rule updates and clarifies existing requirements.
C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 252
Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 252 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 252.211-7003 is amended as follows:
a. By revising the clause date;
b. In paragraph (a), by revising the definitions of ``DoD recognized unique identification equivalent'', ``Issuing agency'', ``Unique item identifier'', and ``Unique item identifier type'';
c. By revising paragraphs (c) through (g); and
d. In Alternate I, by revising the Alternate I date and paragraph (d) to read as follows:
252.211-7003 Item Identification and Valuation.
* * * * *
ITEM IDENTIFICATION AND VALUATION (AUG 2008)
(a) * * *
DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
* * * * *
Issuing agency means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code).
* * * * *
Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
* * * * *
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) All delivered items for which the Government's unit acquisition cost is $5,000 or more.
(ii) The following items for which the Government's unit acquisition cost is less than $5,000:
(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number ----.
(2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item.
(3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media.
(4) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent; and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or
associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html.
(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s).
(End of clause)
Alternate I (AUG 2008)
* * * * *
(d) The Contractor shall submit the information required by paragraph (c) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html.
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209, 217, and 246
Defense Federal Acquisition Regulation Supplement; Ship Critical Safety Items (DFARS Case 2007-D016)
AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 130 of the National Defense Authorization Act for Fiscal Year 2007. Section 130 requires DoD to establish a quality control policy for the procurement, modification, repair, and overhaul of ship critical safety items.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302; facsimile 703-602-7887. Please cite DFARS Case 2007-D016.
SUPPLEMENTARY INFORMATION:
A. Background DoD published an interim rule at 73 FR 1826 on January 10, 2008, to implement Section 130 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 130 requires DoD to prescribe in regulations a quality control policy for the procurement of ship critical safety items and the modification, repair, and overhaul of those items. The interim rule amended DFARS 209.270-1 through 209.270-4 and related text to address quality control of ship critical safety items. DoD received one comment on the interim rule. The respondent stated that DoD contracting personnel have misinterpreted the term ``certificate of conformance,'' as used in DFARS 246.504 with regard to limitation on its use, to mean a manufacturer's certificate that its products conform to quality requirements. This misinterpretation has led buying office quality representatives to take a position that products presented for inspection at source, or ``origin,'' are not acceptable if presented with a corresponding manufacturer's certificate of conformance (to its quality requirements). The intent of the DFARS term is to refer to approval given under the clause at FAR 52.246-15, Certificate of Conformance, which enables a DoD quality assurance specialist to allow a contractor to ship items without inspection under certain circumstances. Therefore, the respondent recommended that DFARS 246.504 be clarified by adding a reference to the clause at FAR 52.246-15.
DoD does not believe the clarification is necessary. The text at DFARS 246.504 must be read in conjunction with the corresponding text at FAR 46.504, which specifies the appropriate conditions for use of a certificate of conformance and includes a reference to the prescription for the clause at FAR 52.246-15. Therefore, DoD has adopted the interim rule as a final rule without change. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act DoD certifies that this final 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., because the rule primarily relates to internal DoD responsibilities for ensuring quality control of ship critical safety items. In addition, the Navy already has implemented stringent quality control programs with regard to ship critical safety items.
C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 209, 217, and 246
Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 209, 217, and 246, which was published at 73 FR 1826 on January 10, 2008, is adopted as a final rule without change.
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Chapter 2
Defense Federal Acquisition Regulation Supplement; Small Business Program Name Change (DFARS Case 2008-D001)
AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to reflect the redesignation of the ``Office of Small and Disadvantaged Business Utilization'' to the ``Office of Small Business Programs'' within DoD. The redesignation resulted from Section 904 of the National Defense Authorization Act for Fiscal Year 2006.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-0289; facsimile 703-602-7887. Please cite DFARS Case 2008-D001.
SUPPLEMENTARY INFORMATION:
A. Background Section 904 of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163) redesignated the ``Office of Small and Disadvantaged Business Utilization'' to the ``Office of Small Business Programs'' for DoD. This final rule amends the DFARS to reflect the redesignation.
This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2008-D001.
C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 219 and 252
Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 219 and 252 and Appendix I to chapter 2 are amended as follows:
1. The authority citation for 48 CFR parts 219 and 252 and Appendix I to subchapter I continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 219--SMALL BUSINESS PROGRAMS
219.201 [Amended]
2. Section 219.201 is amended in paragraph (d) introductory text, and in paragraph (f) in the first and second sentences, by removing ``Small and Disadvantaged Business Utilization'' and adding in its place ``Small Business Programs''.
219.1007 [Amended]
3. Section 219.1007 is amended in paragraph (b)(1), in the first sentence, by removing ``Small and Disadvantaged Business Utilization'' and adding in its place ``Small Business Programs''.
219.7102 [Amended]
4. Section 219.7102 is amended in paragraph (d)(1)(ii) by removing ``Small and Disadvantaged Business Utilization (SADBU)'' and adding in its place ``Small Business Programs (SBP)''.
219.7103-1 [Amended]
5. Section 219.7103-1 is amended in the second sentence by removing ``SADBU'' and adding in its place ``SBP''.
219.7103-2 [Amended]
6. Section 219.7103-2 is amended in paragraphs (d)(1), (e)(3), and (f) by removing ``SADBU'' and adding in its place ``SBP''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
7. Section 252.219-7004 is amended by revising the clause date and paragraph (c)(1) to read as follows:
252.219-7004 Small Business Subcontracting Plan (Test Program).
* * * * *
SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (AUG 2008)
* * * * *
(c) * * *
(1) One copy of the SF 295 and attachments shall be submitted to Director, Small Business Programs, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics), 201 12th Street South, Suite 406, Arlington, VA 22202; and
* * * * *
Appendix I to Chapter 2--Policy and Procedures for the DOD Pilot Mentor-Protege Program
I-102 [Amended]
8. Appendix I to chapter 2 is amended in section I-102 as follows:0
a. In paragraph (a)(1) by removing ``Small and Disadvantaged Business Utilization (SADBU)'' and adding in its place ``Small Business Programs (SBP)''; and
b. In paragraph (f)(3) by removing ``SADBU'' and adding in its place ``SBP''.
I-103 [Amended]
9. Appendix I to chapter 2 is amended in section I-103, in paragraph (b)(3), by removing ``SADBU'' and adding in its place ``SBP''.
I-105 [Amended]
10. Appendix I to chapter 2 is amended in section I-105 as follows:
a. In paragraph (a), in the first sentence, by removing ``SADBU'' and adding in its place ``SBP''; and
b. In paragraph (c) by removing ``http://www.acq.osd.mil/sadbu/mentor_protege'' and adding in its place ``http://www.acq.osd.mil/osbp/mentor_protege/''.
I-107 [Amended]
11. Appendix I to chapter 2 is amended in section I-107, in paragraph (j) in the second sentence, by removing ``SADBU'' and adding in its place ``SBP''.
I-108 [Amended]
12. Appendix I to chapter 2 is amended in section I-108, in paragraphs (c), (e), and (f), by removing ``SADBU'' and adding in its place ``SBP''.
I-109 [Amended]
13. Appendix I to chapter 2 is amended in section I-109, in paragraph (c) in the second sentence, and in paragraph (d) in the first and second sentences, by removing ``SADBU'' and adding in its place ``SBP''.
I-110.2 [Amended]
14. Appendix I to chapter 2 is amended in section I-110.2, in paragraph (a) introductory text, in paragraph (b) introductory text in the second sentence, and in paragraph (c), by removing ``SADBU'' and adding in its place ``SBP''.
I-111 [Amended]
15. Appendix I to chapter 2 is amended in section I-111, in paragraph (a), by removing ``SADBU'' and adding in its place ``SBP''.
I-112.2 [Amended]
16. Appendix I to chapter 2 is amended in section I-112.2 as follows:0
a. In paragraph (d) by removing ``http://www.acq.osd.mil/sadbu/mentor_protege'' and adding in its place ``http://www.acq.osd.mil/osbp/mentor_protege/''; and
b. In paragraphs (g)(1) and (2) by removing ``SADBU'' and adding in its place ``SBP''.
I-113 [Amended]
17. Appendix I to chapter 2 is amended in section I-113, in paragraph (b), by removing ``http://www.acq.osd.mil/sadbu/mentor_protege'' and adding in its place ``http://www.acq.osd.mil/osbp/mentor_protege/.''
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System 48 CFR Part 225
Defense Federal Acquisition Regulation Supplement; Trade
Agreements--New Thresholds (DFARS Case 2007-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate increased dollar thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 703-602-7887. Please cite DFARS Case 2007-D023.
SUPPLEMENTARY INFORMATION:
A. Background DoD published an interim DFARS rule at 73 FR 4115 on January 24, 2008, to reflect increased dollar thresholds for application of the trade agreements. Every two years, the trade agreement thresholds are escalated according to a pre-determined formula set forth in the agreements.
DoD received no comments on the interim rule. Therefore, DoD has adopted the interim rule as a final rule without change. This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act DoD certifies that this final 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., because the trade agreement threshold changes are designed to keep pace with inflation and thus maintain the status quo.
C. Paperwork Reduction Act This rule affects the certification and information collection requirements in the provisions at DFARS 252.225-7020 and 252.225-7035, currently approved under Office of Management and Budget Control Number 0704-0229. The impact, however, is negligible. The dollar threshold changes are in line with inflation and maintain the status quo.
List of Subjects in 48 CFR Part 225
Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR part 225, which was published at 73 FR 4115 on January 24, 2008, is adopted as a final rule without change.
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 208, 236, and 252
Defense Federal Acquisition Regulation Supplement; Technical Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update a subpart heading, a cross-reference, and a form title.
DATES: Effective Date: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-0311; facsimile 703-602-7887.
SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as follows:
. Subpart 208.7. Updates the subpart heading for consistency with the heading of the corresponding Federal Acquisition Regulation subpart.
. 236.570. Updates a cross-reference.
. 252.235-7003. Updates Alternate I to reflect the current title of DD Form 1494.
List of Subjects in 48 CFR Parts 208, 236, and 252
Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 208, 236, and 252 are amended as follows:
1. The authority citation for 48 CFR parts 208, 236, and 252 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
2. The heading of Subpart 208.7 is revised to read as follows:
Subpart 208.7--Acquisition From Nonprofit Agencies Employing People Who Are Blind or Severely Disabled
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
236.570 [Amended]
3. Section 236.570 is amended in paragraph (b)(5) by removing ``236.213-70'' and adding in its place ``236.213''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.235-7003 [Amended]
4. Section 252.235-7003 is amended in Alternate I as follows:
a. By revising the Alternate I date to read ``(AUG 2008)''; and0
b. In the introductory text and in paragraph (c) by removing ``Application for Frequency Authorization'' and adding in its place ``Application for Equipment Frequency Allocation''.
