Marking of Government-Furnished Property (DFARS Case 2008-D050)

Summary:

DCN 20110202 includes a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to tag, label, or mark Government-furnished property items identified in the contract as subject to serialized item management.

Supplementary Information:

I. Background

This final rule provides a clause at DFARS 252.245-7001, Tagging, Labeling, and Marking of Government-Furnished Property, requiring contractors to tag, label, or mark Government-furnished property items identified in the contract when such items are subject to serialized item management.

The final rule has been changed as follows--

•  The proposed coverage in DFARS 211.274 has been relocated to DFARS subpart 245.1.

•  DFARS 245.102(4) now provides the complete list of exceptions to the policy to require tagging, labeling, and marking of property, rather than including the exceptions in the clause, because the Government will identify to the contractor the items that require tagging, labeling, or marking. The list had been expanded to include exceptions based on determinations by the agency.

•  Adds DFARS clause 252.245-7001, in lieu of proposed DFARS 252.211-70YY, to align with coverage being relocated from DFARS part 211 to part 245.

•  The proposed definition of "Government-furnished property'' has been deleted and replaced with a reference to the definition in FAR 52.245-1.

II. Discussion and Analysis

DoD published a proposed rule at 75 FR 25160 on May 7, 2010, and the public comment period closed on July 6, 2010. Three respondents submitted comments that are grouped into four categories.

A discussion of the comments and the changes included in this final rule as a result of those comments is available here.

Dates:

The Effective Date for this final rule is 2 February 2011.

Click here to read the entire Federal Register notice for this rule.