Defense Federal Acquisition Regulation Supplement (DFARS); Notification Requirements for Critical Safety Items

Defense Federal Acquisition Regulation Supplement (DFARS) Part 246, Quality Assurance, and Related Clauses in DFARS 252.46

0704-0441 Collection Instruments

Defense Federal Acquisition Regulation Supplement (DFARS); Notification Requirements for Critical Safety Items

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252.246-7003 Notification of Potential Safety Issues.
As prescribed in 246.371(a), use the following clause:
NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)
(a) Definitions. As used in this clause—
“Credible information” means information that, considering its source and the
surrounding circumstances, supports a reasonable belief that an event has occurred or
will occur.
“Critical safety item” means a part, subassembly, assembly, subsystem, installation
equipment, or support equipment for a system that contains a characteristic, any
failure, malfunction, or absence of which could have a safety impact.
“Safety impact” means the occurrence of death, permanent total disability,
permanent partial disability, or injury or occupational illness requiring hospitalization;
loss of a weapon system; or property damage exceeding $1,000,000.
“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes
supplies or services to or for the Contractor or another subcontractor under this
contract.
(b) The Contractor shall provide notification, in accordance with paragraph (c) of
this clause, of—
(1) All nonconformances for parts identified as critical safety items acquired by
the Government under this contract; and
(2) All nonconformances or deficiencies that may result in a safety impact for
systems, or subsystems, assemblies, subassemblies, or parts integral to a system,
acquired by or serviced for the Government under this contract.
(c) The Contractor—
(1) Shall notify the Administrative Contracting Officer (ACO) and the Procuring
Contracting Officer (PCO) as soon as practicable, but not later than 72 hours, after
discovering or acquiring credible information concerning nonconformances and
deficiencies described in paragraph (b) of this clause; and
(2) Shall provide a written notification to the ACO and the PCO within 5
working days that includes—
(i) A summary of the defect or nonconformance;
(ii) A chronology of pertinent events;
(iii) The identification of potentially affected items to the extent known at
the time of notification;
(iv) A point of contact to coordinate problem analysis and resolution; and
(v) Any other relevant information.

(d) The Contractor—
(1) Is responsible for the notification of potential safety issues occurring with
regard to an item furnished by any subcontractor; and
(2) Shall facilitate direct communication between the Government and the
subcontractor as necessary.
(e) Notification of safety issues under this clause shall be considered neither an
admission of responsibility nor a release of liability for the defect or its consequences.
This clause does not affect any right of the Government or the Contractor established
elsewhere in this contract.
(f)(1) The Contractor shall include the substance of this clause, including this
paragraph (f), in subcontracts for—
(i) Parts identified as critical safety items;
system; or

(ii) Systems and subsystems, assemblies, and subassemblies integral to a

(iii) Repair, maintenance, logistics support, or overhaul services for systems
and subsystems, assemblies, subassemblies, and parts integral to a system.
(2) For those subcontracts, including subcontracts for commercial items,
described in paragraph (f)(1) of this clause, the Contractor shall require the
subcontractor to provide the notification required by paragraph (c) of this clause to—
(i) The Contractor or higher-tier subcontractor; and
(ii) The ACO and the PCO, if the subcontractor is aware of the ACO and the
PCO for the contract.
(End of clause)
 

252.246-7005 Notice of Warranty Tracking of Serialized Items.
As prescribed in 246.710(3)(i), use the following provision:
NOTICE OF WARRANTY TRACKING OF SERIALIZED ITEMS (MAR 2016)
(a) Definitions. “Duration,” “enterprise”, “enterprise identifier,” “fixed expiration,”
“item type,” “serialized item,” “starting event,” “unique item identifier,” “usage,”
“warranty administrator,” “warranty guarantor,” 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.
(1) The Offeror shall provide the information required by the attachment
entitled “Warranty Tracking Information” on each contract line item number, subline
item number, or exhibit line item number for warranted items with its offer.
Information required in the warranty attachment for each warranted item shall include
such information as duration, fixed expiration, item type, starting event, usage,
warranty administrator enterprise identifier, and warranty guarantor enterprise

identifier.
(2) The successful offeror will be required to provide the following information
no later than when the warranted items are presented for receipt and/or acceptance, in
accordance with the clause at 252.246-7006—
(A) The unique item identifier for each warranted item required by the
attachment entitled “Warranty Tracking Information;” and
(B) All information required by the attachment entitled “Source of Repair
Instructions” for each warranted item.
(3) For additional information on warranty attachments, see the “Warranty and
Source of Repair” training and “Warranty and Source of Repair Tracking User Guide”
accessible on the Product Data Reporting and Evaluation Program (PDREP) website at
https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.
(End of provision)
252.246-7006 Warranty Tracking of Serialized Items.
As prescribed in 246.710(3)(ii), use the following clause:
WARRANTY TRACKING OF SERIALIZED ITEMS (MAR 2016)
(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, as indicated in the Register of Issuing Agency Codes for
International Standards Organization/International Electrotechnical Commission,
located at http://www.aimglobal.org/?Reg_Authority15459.
“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, such as first use
or upon installation.
“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.
(1) The Contractor shall provide the information required by the attachment
entitled “Warranty Tracking Information” on each contract line item number, subline
item number, or exhibit line item number for warranted items no later than the time of
award. Information required in the warranty attachment shall include such
information as duration, fixed expiration, item type, starting event, usage, warranty
administrator enterprise identifier, and warranty guarantor enterprise identifier.
(2) The Contractor shall provide the following information no later than when
the warranted items are presented for receipt and/or acceptance—
(A) The unique item identifier for each warranted item required by the
attachment entitled “Warranty Tracking Information;” and
(B) The warranty repair source information and instructions for each
warranted item required by the attachment entitled “Source of Repair Instructions.”
(3) 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.
(4) For additional information on warranty attachments, see the “Warranty and

Source of Repair” training and “Warranty and Source of Repair Tracking User Guide”
accessible on the Product Data Reporting and Evaluation Program (PDREP) website at
https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.
(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)
 


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