33166 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations 

does this represent? What percentage of 

these wireless devices are standard 

(original) equipment on vessels and 

engines? What are the installation and 

maintenance costs (labor and 

equipment) of wireless devices? What is 

the expected lifespan of wireless 

devices? Are there any special 

performance or failure issues unique to 

wireless devices? 

18. How would this proposal change 

boater preference for wireless engine 

cut-off switch devices? Would boaters 

choose more expensive wireless systems 

over standard non-wireless systems? If 

so, why and how many? 

19. As a result of this proposal, would 

vessel and engine manufacturers adopt 

wireless technology as standard 

equipment? 

20. Would this proposal increase the 

use and wear of engine cut-off switch 

devices over and above the 

manufacturer’s recommended use? 

Would this proposal increase the 

replacement costs of engine cut-off 

switch devices? 

21. What is the risk of unintended 

activations of engine cut-off switch 

devices? What is the current estimated 

rate of unintended activations? What are 

the impacts of unintended activations? 

Are there any injuries or fatalities 

associated with unintended activations? 

22. What is the risk of engine cut-off 

switch device failure (i.e., engine does 

not cut off when operator is ejected)? 

What is the current estimated rate of 

engine cut-off switch device failures? 

What are the impacts of engine cut-off 

switch device failures? Are there any 

injuries or fatalities associated with 

engine cut-off switch device failures? 

23. What data or information exists 

that could be used to estimate 

compliance rates of this proposal? What 

data exists to estimate how compliance 

with proposal will change from initial 

phase-in to full implementation? 

24. How would the challenge to 

visually inspect from a distance whether 

an engine cut-off switch device is being 

used affect compliance with engine cutoff switch device requirements? 

25. What are the compliance rates 

with State laws that require use of 

engine cut-off switch devices? 

26. What is the voluntary use rate of 

engine cut-off switch devices in States 

without engine cut-off switch device 

laws? 

27. Five States (Alabama, Arkansas, 

Illinois, Louisiana, and Nevada) 

currently require boaters to use engine 

cut-off devices on certain recreational 

vessels. What other State laws are being 

developed for engine cut-off switch 

device regulations? Please provide any 

data or information from the 

implementation or development of these 

State regulations to assist the Coast 

Guard as it considers whether to require 

engine cut-off switch device use. 

28. What are the costs associated with 

implementation of State laws requiring 

mandatory use of engine cut-off switch 

devices? 

29. What is the effectiveness based on 

the reduction in fatalities, injuries, and 

property damage from recent changes in 

State laws regarding the use of engine 

cut-off switch devices? 

Dated: June 2, 2011. 

Kevin S. Cook, 

Rear Admiral, U.S. Coast Guard, Director of 

Prevention Policy. 

[FR Doc. 2011–14140 Filed 6–7–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 246, and 252 

RIN 0750–AG74 

Defense Federal Acquisition 

Regulation Supplement (DFARS); 

Warranty Tracking of Serialized Items, 

DFARS Case 2009–D018 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a policy memorandum of the 

Undersecretary of Defense for 

Acquisition, Technology and Logistics 

dated February 6, 2007, which required 

definition of the requirements to track 

warranties for Item Unique 

Identification-required items in the DoD 

Item Unique Identification Registry. 

This final rule stresses that the 

enforcement of warranties is essential to 

the effectiveness and efficiency of DoD’s 

material readiness. 

DATES: Effective date: June 8, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Undersecretary of Defense for 

Acquisition, Technology and Logistics 

issued a policy memorandum dated 

February 6, 2007, which instructed the 

Director of Defense Procurement and 

Acquisition Policy to define the 

requirements to track warranties for 

Item Unique Identification-required 

items in the DoD Item Unique 

Identification Registry. The capability to 

track warranties will significantly 

enhance the ability of DoD to— 

• Identify and enforce warranties; 

• Ensure sufficient durations of 

warranties for specific goods; and 

• Realize improved material 

readiness. 

DoD issued a proposed rule in the 

Federal Register at 75 FR 52917 on 

August 30, 2010, to address the 

requirement to more effectively track 

warranties for Item Unique 

Identification items. The comment 

period closed October 29, 2010. 

II. Public Comment 

One respondent submitted comments 

to the proposed rule, which are 

discussed below. 

Comment: The respondent states that 

while the unique item identification 

requirement was not established for the 

purpose of tracking warranty items, its 

use as a warranty-tracking methodology 

would result in increased costs for 

contractors and the Government. The 

addition of warranted items to DFARS 

211.274–2 will expand the criteria for 

selecting the items to be uniquely 

identified. Today, that determination is 

based almost completely on the value of 

the item. Warranted items may or may 

not meet the value criterion established 

for determining what should be 

uniquely identified and marked. An 

application of unique item 

identification to warranted items may 

cause a part to be covered by unique 

item identification under a contract 

calling for warranty and not covered by 

unique item identification on another 

contract without warranty. 

Response: This requirement applies to 

any ‘‘warranted serialized item,’’ and a 

clarifying change was made at 211.274– 

2(4)(iii) by adding the term ‘‘any 

warranted serialized item.’’ 

Comment: The respondent also 

recommends that DoD not publish a 

final rule on warranty tracking of 

serialized items. 

Response: DoD requires a more 

effective way to track warranties for 

Item Unique Identification items. 

Presently, DoD lacks the enterprise 

capability to provide visibility and 

accountability of warranty data 

associated with acquired goods. The 

tracking of warranties, from the 

identification of the requirement to the 

expiration date of the warranted item, 

will significantly enhance the ability of 

DoD to take full advantage of warranties 

when they are part of an acquisition. 

This will result in reduced costs, ability 

to recognize benefits, and the ability to 

compare performance against 


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Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations 33167 

Government-specified warranties. The 

consequence of not collecting this data 

is that warranty management of mission 

critical assets is not optimized, which 

may have a significant impact during 

time of war or in response to 

contingencies. When this capability is 

developed, it is expected that warranty 

information will be collected and shared 

by acquisition organizations to 

document and improve warranty 

management. Additionally, as 

counterfeit items, particularly 

electronics parts increase, this 

traceability of items to a warranty will 

assist all members of the supply chain 

to manage risk appropriately. This 

traceability also leads to ensuring the 

Government receives the supplies 

purchased, reducing the number of 

counterfeit items. Based upon the above, 

DoD published a final rule. 

III. Additional Technical Changes 

Required 

During the final rule development, 

DoD restructured the layout of the rule 

to reduce burden to contractors and to 

facilitate data capture. This change 

required moving the tables from the 

clause at 252.246–7006, Warranty 

Tracking of Serialized Items, to 

246.710–70, Warranty attachment. This 

will enable data capture through the use 

of the warranty attachments. DoD has 

posted schema to the DPAP/Program 

Development and Implementation Web 

site at http://www.acq.osd.mil/dpap/ 

pdi/eb/gfp.html, to facilitate this 

process. A summary of the required 

technical changes follows— 

• DFARS 211.274–2, Policy for 

unique item identification—added the 

term ‘‘any warranted serialized item’’ to 

clarify that this rule applies to serialized 

warranted items, regardless of the value. 

The existence of a warranty does not 

solely create a criterion for Item Unique 

Identification applicability. 

• DFARS 246.701, Definitions— 

added references to definitions for 

‘‘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’’ as being defined in the clause 

at 252.246–7006. 

• DFARS 246.710, Solicitation 

provision and contract clauses, 

paragraph (5)—replaced previous 

references to tables I and II as the 

warranty attachments were added to 

DFARS 246.710–70. Related 

subparagraphs were revised accordingly 

to incorporate tables I and II, which 

were previously referred to in the 

provision at 252.246–7005, and 

included in the clause at 252.246–7006. 

Electronic business systems are being 

expanded to capture the data elements 

needed to support warranty tracking 

through the use of an attachment format. 

The procurement data strategy, the DoD 

method to implement data capture, 

relies on attachment file formats. This 

format can be embedded in the contract 

data file by the contract writing system, 

or sent in parallel as a separate 

attachment. To facilitate data capture, 

the tables for warranty data have been 

translated into an XML attachment 

schema published by DPAP, and 

available at this website: http:// 

www.acq.osd.mil/dpap/pdi/eb/gfp.html. 

This schema will enable data flow from 

system to system. Data flow from a 

clause is not possible because the clause 

is text, not data. Extracting the data 

requirements from the clause and 

carrying it separately in an attachment 

will make the flowing of the data to the 

various business systems possible 

without modifying every DoD contract 

writing system. 

• DFARS 246.710–70, Warranty 

attachment—a new section was added 

to provide two attachments and 

completion instructions to replace two 

tables previously included in the 

proposed clause at 252.247–70YY. The 

two new attachments are ‘‘Attachment 

__: Warranty Tracking Information,’’ and 

‘‘Attachment __: Warranty Repair Source 

Instructions.’’ 

• The ‘‘Warranty Tracking 

Information’’ attachment title is 

supplemented to include ‘‘Solicitation 

or Contract Number [To be filled in by 

the contracting officer].’’ Further, this 

attachment indicates that data marked 

‘‘*’’ is to be completed by the requiring 

activity if a warranty is specified by the 

Government otherwise all offerors are to 

complete those elements as part of their 

offers. Data marked by ‘‘**’’ is to be 

completed by the contractor at the time 

of award. A reference to ‘‘***’’ was 

added for data to be completed at or 

after the time of award. The definition 

for ‘‘warranty administrator enterprise 

identifier’’ was revised to include the 

term ‘‘globally unique’’ identifier code. 

• The ‘‘Warranty Repair Source 

Instructions’’ attachment title is 

supplemented to include ‘‘Solicitation 

or Contract Number [To be filled in by 

the contracting officer].’’ Additionally, 

the numbering for the table notes was 

revised for that table only. The 

definition for ‘‘warranty administrator 

enterprise identifier’’ was revised for 

clarity to include the term ‘‘globally 

unique’’ identifier code rather than 

using the term ‘‘non-repeatable.’’ Also, a 

note for ‘‘instructions’’ was moved from 

the table, and made a stand-alone note 

under the table. 

• 252.211–7003(a), Item 

Identification and Valuation—the 

definition of ‘‘issuing agency’’ was 

revised for clarity to include the term a 

‘‘globally unique’’ identifier code rather 

than using the term ‘‘non-repeatable.’’ 

• 252.246–7005, Notice of Warranty 

Tracking of Serialized Items, was 

revised to replace references to tables I 

and II, which were incorporated into 

DFARS 246.710 as a warranty 

attachment. 

• 252.246–7006, Warranty Tracking 

of Serialized Items— 

• Paragraph (a), the definition of 

‘‘DoD Item Unique Identification 

Registry’’ was not required for the clause 

and was removed. The definition of 

‘‘issuing agency’’ was revised to include 

the term ‘‘globally unique’’ identifier 

code for clarity. 

• Paragraph (b) was revised to remove 

references to tables I and II as these 

tables are incorporated into 246.710–70 

as a warranty attachment to facilitate 

data flow. 

IV. Executive Orders 12866 and 13563 

Executive Orders 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). Executive Order 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 Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

V. Regulatory Flexibility Act 

DoD has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604 et seq. A copy of the analysis 

may be obtained from the point of 

contact specified herein and is 

summarized below. The objective of this 

rule was for DoD to develop a more 

effective way to track warranties for 

Item Unique Identification items. DoD 

has lacked the enterprise capability that 

would provide visibility and 

accountability of warranty data 

associated with acquired goods. The 

tracking of warranties, from the 

identification of the requirement to the 

expiration date of the warranted item, 

will significantly enhance the ability of 


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33168 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations 

DoD to take full advantage of warranties 

when they are part of an acquisition, 

resulting in the ability to— 

• Identify and enforce warranties; 

• Ensure sufficient durations of 

warranties for specific goods; and 

• Realize improved material 

readiness. 

In FY 2009, DoD issued 

approximately 16,000 solicitations that 

use warranty clauses. In response to 

those solicitations, DoD estimates that 

approximately 76,000 offers may have 

been received (66,000 from small 

business, 10,000 from other than small 

business). Of that total, DoD estimates 

that 50% of the time the Government 

will provide the required warranty 

information for 38,000 offers (33,000 

small and 5,000 other than small 

businesses). Therefore, approximately 

33,000 small entities may be impacted 

by the rule. 

This rule was published as a proposed 

rule in the Federal Register at 75 FR 

52971, on August 30, 2010. No 

comments were received from small 

entities on the affected DFARS subpart 

with regard to small businesses. We 

anticipate that there will be limited, if 

any, additional costs imposed on small 

businesses unless there is a covered 

claim filed against a particular 

contractor. 

IV. Paperwork Reduction Act 

The provision at 252.246–7005, 

Notice of Warranty Tracking of 

Serialized Items and the clause at 

252.246–7006, Warranty Tracking of 

Serialized Items, contain new 

information collection requirements. 

The Office of Management and Budget 

has approved the information collection 

requirements under Control Number 

0704–0481, Warranty Tracking of 

Serialized Items. 

List of Subjects in 48 CFR Parts 211, 

246, and 252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 211, 246, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 211, 246, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

■ 2. Amend section 211.274–2 as 

follows: 

■ (a) Amend paragraph (a)(4)(i) to 

remove ‘‘and’’ after the semicolon; 

■ (b) Amend paragraph (a)(4)(ii) to add 

the word ‘‘and’’ after the semicolon; 

■ (c) Add new paragraph (a)(4)(iii) to 

read as set forth below. 

211.271–2 Policy for unique item 

identification. 

(a) * * * 

(4) * * * 

(iii) Any warranted serialized item. 

PART 246—QUALITY ASSURANCE 

■ 3. Revise section 246.701 to read as 

follows: 

246.701 Definitions. As used in this 

subpart— 

Acceptance as used in this subpart 

and in the warranty clauses at FAR 

52.246–17, Warranty of Supplies of a 

Noncomplex Nature; FAR 52.246–18, 

Warranty of Supplies of a Complex 

Nature; FAR 52.246–19, Warranty of 

Systems and Equipment Under 

Performance Specifications or Design 

Criteria; and FAR 52.246–20, Warranty 

of Services, includes the execution of an 

official document (e.g., DD Form 250, 

Material Inspection and Receiving 

Report) by an authorized representative 

of the Government. 

Defect means any condition or 

characteristic in any supply or service 

furnished by the contractor under the 

contract that is not in compliance with 

the requirements of the contract. 

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. 

■ 4. Amend section 246.710 to: 

■ (a) Revise the section title; and 

■ (b) Add new paragraph (5)(i). 

The additions and revisions read as 

follows: 

246.710 Solicitation provision and 

contract clauses. 

* * * * * 

(5)(i) In addition to 252.211–7003, 

Item Identification and Valuation, 

which is prescribed in 211.274– 6(a), 

use the following provision and clause 

in solicitations and contracts when it is 

anticipated that the resulting contract 

will include a warranty for serialized 

items: 

(A) 252.246–7005, Notice of Warranty 

Tracking of Serialized Items (include 

only if offerors will be required to enter 

data with the offer); and 

(B) 252.246–7006, Warranty Tracking 

of Serialized Items. 

(ii) If the Government specifies a 

warranty, include in the solicitation the 

appropriate warranty attachment from 

DFARS 246.710–70. The contracting 

officer shall request the requiring 

activity to provide information to ensure 

that Attachment __, Warranty Tracking 

Information, is populated with data 

specifying the Government’s required 

warranty provision by contract line item 

number, subline item number, or exhibit 

line item number prior to solicitation. In 

such case do not include 252.246–7005 

in the solicitation. 

(iii) If the Government does not 

specify a warranty, include 252.246– 

7005 in the solicitation, and the 

warranty attachment from DFARS 

246.710–70. The contractor may offer a 

warranty and shall then populate 

Attachment _, Warranty Tracking 

Information, as appropriate, as part of 

its offer as required by 252.246–7005. 

(iv) All warranty tracking information 

that is indicated with a single asterisk 

(*) in Attachment __, Warranty Tracking 

Information, shall be completed prior to 

award. Data indicated with two asterisks 

(**) may be completed at the time of 

award. Data indicated with three 

asterisks (***) may be completed at or 

after the time of award. 

(v) The contractor shall provide 

warranty repair source instructions (as 

prescribed in the attachment) no later 

than the time of delivery. 

■ 5. Add new section 246.710–70 to 

read as follows: 

246.710–70 Warranty attachment. 

This is the prescribed attachment and 

format required and referenced in the 

provision at 252.246–7005, Notice of 

Warranty Tracking of Serialized Items, 

and the clause at 252.246–7006, 

Warranty Tracking of Serialized Items. 

The contracting officer shall number the 

attachment upon issuance of the 

solicitation and include the solicitation 

or contract number. 

AttachmenT l: Warranty Tracking 

Information 


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Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations 33169 

SOLICITATION OR CONTRACT NUMBER

[To be filled in by the contracting officer] 

CLIN SLIN OR ELIN * Item type 

(note (a)) ** 

Warranty 

item UII *** 

Warranty term Warranty Administrator Enterprise Identifier Code 

Type 

(note (f)) ** 

Warranty 

Administrator Enterprise Identi- fier (note (g)) ** 

Warranty 

Guarantor 

Enterprise 

Identifier 

Code Type 

(note (h)) ** 

Warranty 

Guarantor 

Enterprise 

Identifier 

(note (i)) ** 

Starting 

event (note (b)) * 

Usage 

(note (c)) * 

Duration 

(note (d)) * 

Fixed expi- ration 

(note (e)) 

Quantity * Unit * Quantity * Unit * Date * 

* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers. 

** To be completed by the contractor at the time of award. 

*** To be completed by the contractor at the time of award (if known) or at the time Attachment l, Warranty Repair Source Instructions is submitted. 

Notes: 

(a) Item Type. 

C—component procured separate from end item. 

S—subassembly procured separate from end Item or subassembly. 

E—embedded in component, subassembly or end item parent. 

P—parent end item. 

(b) Starting Event. 

A—Acceptance. 

I—Installation. 

F—First Use. 

O—Other. 

Warranty term—Choose one of the following: 

(c) Usage (for warrantees where effectivity is in terms of operating time or cycles). 

(d) Duration (for warrantees that expire after a set period of time). 

(e) Date (for warrantees with a fixed expiration date). 

(f) Warranty Administrator Enterprise Identifier Code Type 0–9—GS1 Company Prefix. 

D—CAGE. 

LB—ATIS–0322000. 

LH—EHIBCC. 

RH—HIBCC. 

UN—DUNS. 

(g) Warranty administrator enterprise identifier—A globally unique identifier code assigned to an enterprise by an issuing agency (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)).l 

(h) Warranty Guarantor Enterprise Identifier Code Type 0–9—GS1 Company Prefix. 

D—CAGE. 

LB—ATIS–0322000. 

LH—EHIBCC. 

RH—HIBCC. 

UN—DUNS. 

(i) Warranty guarantor enterprise identifier—A globally unique identifier code assigned to an enterprise by an Issuing Agency (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)). 

Attachment l: Warranty Repair 

Source Instructions 

CONTRACT NUMBER: 

[To be filled in by the contracting officer] 

CLIN, SLIN or 

ELIN * 

Warranty 

Repair 

Source Enterprise 

Identifier 

Code Type 

(note (a)) ** 

Warranty 

Repair 

Source Enterprise 

Identifier 

(note (b)) ** 

Shipping address for warranty returns 

Instructions 

(note (c)) ** Name ** Address line 

1 ** 

Address line 

2 ** 

City/county ** State/province ** Postal 

code ** Country ** 

* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers. 

** To be completed by the Contractor at the time of award and/or at the time of delivery. 

Notes: 

(a) Warranty Repair Source Enterprise Identifier Code Type 0–9—GS1 Company Prefix. 

D—CAGE. 

LB—ATIS–0322000. 

LH—EHIBCC. 

RH—HIBCC. 

UN—DUNS. 

(b) Warranty repair source enterprise identifier—A globally unique identifier code assigned to an enterprise by an issuing agency (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)). 

(c) Instructions—For each warranty repair source enterprise identifier, include the shipping address for returning warranty items, or include instructions for accessing a web site to obtain prepaid shipping labels for returning warranty items to the designated source of warranty repair. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 6. Amend section 252.211–7003 as 

follows: 

■ (a) Amend the clause date by 

removing ‘‘(AUG 2008)’’ and adding in 

its place ‘‘(JUN 2011)’’; 

■ (b) Amend paragraph (a) by revising 

the definition of ‘‘Issuing agency’’ as 

shown below. 

252.211–7003 Item Identification and 

Valuation. 

* * * * * 

(a) * * * 

Issuing agency means an organization 

responsible for assigning a globally 

unique identifier to an enterprise (e.g., 


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33170 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations 

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.nen.nl/web/ 

Normen-ontwikkelen/ISOIEC-15459- 

Issuing-Agency-Codes.htm. 

* * * * * 

■ 7. Add section 252.246–7005 to read 

as follows: 

252.246–7005 Notice of Warranty Tracking 

of Serialized Items. 

As prescribed in 246.710(5)(i)(A), use 

the following provision: 

Notice of Warranty Tracking of 

Serialized Items (Jun 2011) 

(a) Definition. Unique item identifier 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. The offeror shall provide 

the information required by Attachment l, 

Warranty Tracking Information, (indicated by 

a single asterisk (*)), on each contract line 

item number, subline item number, or exhibit 

line item number for warranted items. The 

offeror shall provide all information required 

by Attachment l, Warranty Repair Source 

Instruction, prior to, but not later than when 

the warranted items are presented for receipt 

and/or acceptance. The ‘‘Warranty Item 

Unique Item Identifier data category may also 

be completed in conjunction with 

Attachment _, Warranty Repair Source 

Instruction. Information required in the 

warranty attachment shall include such 

information as duration, enterprise, 

enterprise identifier, first use, fixed 

expiration, installation, issuing agency, item 

type, starting event, serialized item, unique 

item identifier, usage, warranty 

administrator, warranty guarantor, warranty 

repair source, and warranty tracking. The 

offeror shall submit the data for warranty 

tracking to the Contracting Officer. 

(End of provision) 

■ 6. Add section 252.246–7006 to read 

as follows: 

252.246–7006 Warranty Tracking of 

Serialized Items. 

As prescribed in 246.710(5)(i)(B), use 

the following clause: 

Warranty Tracking of Serialized Items 

(Jun 2011) 

(a) Definitions. As used in this clause— 

Duration means the warranty period. This 

period may be a stated period of time, 

amount of usage, or the occurrence of a 

specified event, after formal acceptance of 

delivery, for the Government to assert a 

contractual right for the correction of defects. 

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. 

First use means the initial or first-time use 

of a product by the Government. 

Fixed expiration means the date the 

warranty expires and the Contractor’s 

obligation to provide for a remedy or 

corrective action ends. 

Installation means the date a unit is 

inserted into a higher level assembly in order 

to make that assembly operational. 

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.nen.nl/web/Normenontwikkelen/ISOIEC-15459-Issuing-AgencyCodes.htm. 

Item type means a coded representation of 

the description of the item being warranted, 

consisting of the codes C—component 

procured separate from end item, S— 

subassembly procured separate from end 

item or subassembly, E—embedded in 

component, subassembly or end item parent, 

and P—parent end item. 

Starting event means the event or action 

that initiates the warranty. 

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. 

Usage means the quantity and an 

associated unit of measure that specifies the 

amount of a characteristic subject to the 

contractor’s obligation to provide for remedy 

or corrective action, such as a number of 

miles, hours, or cycles. 

Warranty administrator means the 

organization specified by the guarantor for 

managing the warranty. 

Warranty guarantor means the enterprise 

that provides the warranty under the terms 

and conditions of a contract. 

Warranty repair source means the 

organization specified by a warranty 

guarantor for receiving and managing 

warranty items that are returned by a 

customer. 

Warranty tracking means the ability to 

trace a warranted item from delivery through 

completion of the effectivity of the warranty. 

(b) Reporting of data for warranty tracking 

and administration. The Contractor shall 

provide all information required by 

Attachment __, Warranty Tracking 

Information on each contract line item 

number, subline item number, or exhibit line 

item number for warranted items. The 

Contractor shall provide all information 

required by Attachment __, Warranty Repair 

Source Instructions, prior to, but not later 

than when the warranted items are presented 

for receipt and/or acceptance. The ‘‘Warranty 

Item Unique Item Identifier’’ data category 

may also be completed in conjunction with 

Attachment __, Warranty Repair Source 

Instructions. Information required in the 

warranty attachment shall include such 

information as duration, enterprise, 

enterprise identifier, first use, fixed 

expiration, installation, issuing agency, item 

type, starting event, serialized item, unique 

item identifier, usage, warranty 

administrator, warranty guarantor, warranty 

repair source, and warranty tracking. 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. 

(c) Reservation of rights. The terms of this 

clause shall not be construed to limit the 

Government’s rights or remedies under any 

other contract clause. 

(End of clause) 

* * * * * 

[FR Doc. 2011–14104 Filed 6–7–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212 

RIN 0750–AH23 

Defense Federal Acquisition 

Regulation Supplement; Inclusion of 

Option Amounts in Limitations on 

Authority of the Department of Defense 

to Carry Out Certain Prototype 

Projects (DFARS Case 2011–D024) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 


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