[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Rules and Regulations]               
[Page 59102-59103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se10-23]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211 and 252

 
Defense Federal Acquisition Regulation Supplement; Government-
Assigned Serial Number Marking (DFARS Case 2008-D047)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final Rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to require contractors to 
apply Government-assigned serial numbers in human-readable format on 
major end items when required by law, regulation, or military 
operational necessity.

DATES: Effective Date: September 27, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, 703-602-0311.

SUPPLEMENTARY INFORMATION:

A. Background

    Contractors are required to 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. This final 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.
    DoD published a proposed rule in the Federal Register on April 30, 
2010 (75 FR 22727). The comment period closed on June 29, 2010, and no 
comments were received.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This is not a 
major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    DoD does not expect this final rule 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. DoD has prepared 
a final regulatory flexibility analysis consistent with 5 U.S.C. 604. A 
copy of the analysis may be obtained from the point of contact 
specified herein. The analysis is summarized as follows:
    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

[[Page 59103]]

operations. Since the rule generally will apply to DoD major end-item 
contractors, and there are a limited number of end items for which the 
Government assigns these serial numbers, the number of small entities 
impacted by this rule is not expected to be substantial.
    The clause at 252.211-7008, 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).
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. DoD considers the approach described in the rule to be 
the most practical and beneficial for both Government and industry.

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 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.

0
Therefore, 48 CFR parts 211 and 252 are amended as follows:

0
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]

0
2. Redesignate Section 211.274-5 as 211.274-6.

0
3. Add new 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.

0
4. In newly redesignated section 211.274-6, add paragraph (c) to read 
as follows:


211.274-6  Contract clauses.

* * * * *
    (c) Use the clause at 252.211-7008, 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

0
5. Section 252.211-7003 is amended by revising the introductory text to 
read as follows:


252.211-7003  Item identification and valuation.

    As prescribed in 211.274-6(a), use the following clause:
* * * * *

0
6. Section 252.211-7007 is amended by revising the introductory text to 
read as follows:


252.211-7007  Reporting of Government-Furnished Equipment in the DoD 
Item Unique Identification (IUID) Registry.

    As prescribed in 211.274-6(b), use the following clause:
* * * * *

0
7. Section 252.211-7008 is added to read as follows:


252.211-7008  Use of Government-Assigned Serial Numbers

    As prescribed in 211.274-6(c), use the following clause:

USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)

    (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. 2010-23662 Filed 9-24-10; 8:45 am]
BILLING CODE 5001-08-P