[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Proposed Rules]
[Pages 25160-25161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10763]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211 and 252
Defense Federal Acquisition Regulation Supplement; Marking of
Government-Furnished Property (DFARS Case 2008-D050)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is issuing a proposed rule to require contractors to tag,
label, or mark items of Government-furnished property identified in the
contract when the Government-furnished material and Government-
furnished property are subject to serialized item management.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before July 6, 2010, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2008-D050,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2008-D050 in the subject
line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms. Mary
Overstreet, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, 703-602-0311.
SUPPLEMENTARY INFORMATION:
A. Background
It is DoD policy to uniquely mark, identify, and track Government
property through the use of unique identifiers. Unique identifiers
allow DoD to track and trace property items throughout their lifecycle
(in acquisition and logistics business processes and systems) in an
integrated approach across the Department of Defense, Federal and state
agencies, non-governmental organizations, and domestic and foreign
persons and organizations to provide national level traceability.
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 improve the accountability and
control of DoD assets. The proposed clause requires contractors who are
provided Government-furnished property to tag, label, or mark the items
of Government-furnished property identified in the contract when the
requiring activity determines that such items are subject to serialized
item management (serially-managed items). At this time, DoD is unable
to estimate the number of small entities to which this rule will apply.
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 2008-D050) in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) does not apply because
the
[[Page 25161]]
rule does not impose additional 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 211 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 211 and 252 as
follows:
1. The authority citation for 48 CFR parts 211 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
211.274-5 [Redesignated as 211.274-6]
2. Redesignate section 211.274-5 as 211.274-6.
3. Add section 211.274-5 to read as follows:
211.274-5 Policy for tagging, labeling, or marking of Government-
furnished property.
(a) It is DoD policy that the appropriate tagging, labeling, or
permanent marking of Government-furnished property, based on DoD
marking standards (MIL Standard 130) or other standards, be required
for Government-furnished property items where the requiring activity
determines that such items are subject to serialized item management
(serially-managed items).
(b) Exceptions. The contractor will not be required to tag, label,
or mark Government-furnished property if such items were previously
tagged, labeled, or marked.
3. In newly redesignated 211.274-6, add paragraph (c) to read as
follows:
211.274-6 Contract clauses.
* * * * *
(c) Use the clause at 252.211-70YY, Tagging, Labeling, and Marking
of Government-furnished Property, in solicitations and contracts that
contain the clause at--
(1) FAR 52.245-1, Government Property; or
(2) FAR 52.245-2, Government Property Installation Operation
Services.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Add section 252.211-70YY to read as follows:
252.211-70YY Tagging, Labeling, and Marking of Government-furnished
Property.
As prescribed in 211.274-6(c), use the following clause:
TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY (DATE)
(a) Definitions. As used in this clause--
Government-furnished property means property in the possession
of, or directly acquired by, the Government and subsequently
furnished to the contractor for performance of a contract, including
performance by subcontractors and at Prime Contractor Alternate
locations. Government-furnished property includes reparables, e.g.,
spares and property furnished for repair, maintenance, overhaul, or
modification; and Government-furnished material that is
requisitioned from Government supply sources without reimbursement
by the contractor.
Serially-managed item means an item designated by DoD to be
uniquely tracked, controlled, or managed in maintenance, repair,
and/or supply systems by means of its serial number.
(b) The Contractor shall tag, label, or mark Government-
furnished property items identified in the contract when the
requiring activity determines that such items are subject to
serialized item management (serially-managed items).
(c) Exceptions. Paragraph (b) of this clause does not apply to--
(1) Government-furnished property that was previously marked;
(2) Contractor-acquired property;
(3) Property under any statutory leasing authority;
(4) Property to which the Government has acquired a lien or
title solely because of partial, advance, progress, or performance-
based payments;
(5) Intellectual property or software; or
(6) Real property.
(End of clause)
[FR Doc. 2010-10763 Filed 5-6-10; 8:45 am]
BILLING CODE 5001-08-P