Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 22727 

9.5.2 Conditions for Refund 

[Revise the introductory paragraph of 

9.5.2 as follows:] 

A refund request must be made 

within 90 days after the date of mailing. 

Except as provided in 114.2.1 and 

414.3.1, a mailer may file for a postage 

refund only under one of the following 

circumstances: 

* * * * * 

9.5.3 Refunds Not Given 

[Revise 9.5.3 as follows:] 

A postage refund will not be given if 

the guaranteed service was not provided 

due to any of the circumstances in 

114.2.1 and 414.3.1. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR 111 if our 

proposal is adopted. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–10028 Filed 4–29–10; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211 and 252 

RIN 0750–AG55 

Defense Federal Acquisition 

Regulation Supplement; GovernmentAssigned Serial Number Marking 

(DFARS Case 2008–D047) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to require 

contractors to apply Governmentassigned serial numbers in humanreadable format on major end items, 

when required by law, regulation, or 

military operational necessity. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before June 

29, 2010, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2008–D047, 

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–D047 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), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, 703–602–0311. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD proposes to amend the DFARS 

211.274 to require contractors to apply 

Government-assigned serial numbers, 

such as tail numbers/hull numbers and 

equipment registration, in humanreadable format on major end items, 

when required by law, regulation, or 

military operational necessity. The rule 

establishes a standard DoD method of 

specifying Government-assigned serial 

numbers contractually, and requires the 

contractor to associate these serial 

numbers with the Unique Item Identifier 

(UII) assigned by the contractor and to 

register them in the DoD Item Unique 

Identification (IUID) Registry along with 

the UII. The rule also requires 

agreement between the Government and 

contractor prior to use of the serial 

numbers in constructing the end item 

UII. 

Application of these Government 

serial numbers is a standard practice 

because crew members and 

maintenance technicians have to 

distinguish visually individual end 

items during operations. The serial 

numbers are applied at minimal cost 

typically by painting them on an 

exterior surface with a stencil resulting 

in a human-readable format. The rule 

eliminates any ambiguity between the 

UII and the use of the Governmentassigned serial number. 

The rule also proposes a new clause, 

Use of Government-Assigned Serial 

Numbers, in solicitations and contracts 

that contain the clause at 252.211–7003, 

Item Identification and Valuation, and 

that require the contractor to mark major 

end items under the terms and 

conditions of the contract. The 

Government-assigned method of 

serialization outlined in this proposed 

rule allows the Government to use its 

internal serialization as a data key to 

existing DoD property management, 

logistics, and maintenance systems. 

This regulatory action was subject to 

review under section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, 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: 

This proposed rule is not expected to 

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 any start-up costs that 

contractors will incur to comply with 

the rule are expected to be minimal, and 

should be offset by the reduced 

administrative costs that are expected to 

result from implementation of this rule. 

The objective of the rule is to improve 

the accountability and control of DoD 

assets. The proposed clause at 252.211– 

70XX, Use of Government-Assigned 

Serial Numbers, requires the Contractor 

to mark the Government-assigned serial 

numbers on those major end items as 

specified by line item in the Schedule, 

in accordance with the technical 

instructions for the placement and 

method of application identified in the 

terms and conditions of the contract, 

and to register the Government-assigned 

serial number along with the major end 

item’s UII at the time of delivery in 

accordance with the provisions of the 

clause at DFARS 252.211–7003(d). 

Since DoD requires that the use of 

Government-assigned serial numbers be 

limited to satisfy requirements of law or 

regulation, or to facilitate the 

identification of major end items 

consistent with military operational 

requirements, e.g., aircraft tail numbers 

or ship hull numbers in military 

operations, the number of small entities 

impacted by this rule is not expected to 

be substantial. At this time, DoD is 

unable to estimate the number of small 

entities to which this rule will apply. 

Therefore, DoD invites comments from 

small business 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–D047) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 

rule does not impose additional 

information collection requirements that 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
22728 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 

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 assignment of 

Government-assigned serial numbers. 

It is DoD policy that contractors apply 

Government-assigned serial numbers, 

such as tail numbers/hull numbers and 

equipment registration numbers in 

human-readable format, on major end 

items when required by law, regulation, 

or military operational necessity. The 

latest version of MIL–STD–130, Marking 

of U.S. Military Property, shall be used 

for the marking of human-readable 

information. 

4. In newly redesignated 211.274–6, 

add paragraph (c) to read as follows: 

211.274–6 Contract clauses. 

* * * * * 

(c) Use the clause at 252.211–70XX, 

Use of Government-Assigned Serial 

Numbers, in solicitations and contracts 

that— 

(1) Contain the clause at 252.211– 

7003, Item Identification and Valuation; 

and 

(2) Require the contractor to mark 

major end items under the terms and 

conditions of the contract. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.211–7003 [Amended] 

5. Amend section 252.211–7003 by 

removing ‘‘211.274–5’’ from the 

introductory text and adding in its place 

‘‘211.274–6’’. 

252.211–7007 [Amended] 

5. Amend section 252.211–7007 by 

removing ‘‘211.274–5’’ from the 

introductory text and adding in its place 

‘‘211.274–6’’. 

6. Add section 252.211–70XX to read 

as follows: 

252.211–70XX Use of GovernmentAssigned Serial Numbers. 

As prescribed in 211.274–6(c), use the 

following clause: 

USE OF GOVERNMENT–ASSIGNED 

SERIAL NUMBERS (DATE) 

(a) Definitions. As used in this clause— 

Government-assigned serial number means 

a combination of letters or numerals in a 

fixed human-readable information format 

(text) conveying information about a major 

end item, which is provided to a Contractor 

by the requiring activity with accompanying 

technical data instructions for marking the 

Government-assigned serial number on major 

end items to be delivered to the Government. 

Major end item means a final combination 

of component parts and/or materials which is 

ready for its intended use and of such 

importance to operational readiness that 

review and control of inventory management 

functions (procurement, distribution, 

maintenance, disposal, and asset reporting) is 

required at all levels of life-cycle 

management. Major end items include 

aircraft; ships; boats; motorized wheeled, 

tracked, and towed vehicles for use on 

highway or rough terrain; weapon and 

missile end items; ammunition; and sets, 

assemblies, or end items having a major end 

item as a component. 

Unique item identifier (UII) means a set of 

data elements permanently marked on an 

item that is globally unique and 

unambiguous and never changes in order to 

provide traceability of the item throughout its 

total life cycle. The term includes a 

concatenated UII or a DoD-recognized unique 

identification equivalent. 

(b) The Contractor shall mark the 

Government-assigned serial numbers on 

those major end items as specified by line 

item in the Schedule, in accordance with the 

technical instructions for the placement and 

method of application identified in the terms 

and conditions of the contract. 

(c) The Contractor shall register the 

Government-assigned serial number along 

with the major end item’s UII at the time of 

delivery in accordance with the provisions of 

the clause at DFARS 252.211–7003(d). 

(d) The Contractor shall establish the UII 

for major end items for use throughout the 

life of the major end item. The Contractor 

may elect, but is not required, to use the 

Government-assigned serial number to 

construct the UII. 

(End of Clause) 

[FR Doc. 2010–9889 Filed 4–29–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 216 and 252 

Defense Federal Acquisition 

Regulation Supplement Award-Fee 

Contracts (DFARS Case 2006–D021) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

address award-fee contracts, including 

eliminating the use of provisional 

award-fee payments. 

DATES: Comments on the proposed rule 

should be submitted to the address 

shown below on or before June 29, 2010, 

to be considered in the formation of the 

final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D021, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D021 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Mark 

Gomersall, 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: Mr. 

Mark Gomersall, 703–602–0302. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This DFARS case proposes to revise 

guidance for award-fee evaluations and 

payments and to eliminate the use of 

provisional award-fee payments. One 

new clause is provided as part of this 

rule to detail the use of award fees. In 

addition, this rule incorporates DoD 

policy guidance on the use of objective 

criteria. 

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 does not expect this rule to have 

a significant economic impact on a 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1