[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30638]
[Federal Register: December 28, 1994]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 45
[FAC 90-23; FAR Case 90-34; Item XXXI]
RIN 9000-AE06
Federal Acquisition Regulation; Transfers of Government Property
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council (CAAC) and the Defense
Acquisition Regulations Council (DARC) have agreed on a final rule to
amend the Federal Acquisition Regulation (FAR) to ensure that
Government property is transferred and documented properly. This
regulatory action was not subject to Office of Management and Budget
review under Executive Order 12866, dated September 30, 1993.
EFFECTIVE DATE: February 27, 1995.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-23, FAR case 90-34.
SUPPLEMENTARY INFORMATION:
A. Background
An amendment to FAR 45.508-1, Inventories upon termination or
completion, initiated by the DARC and subsequently approved by the
councils, was published in the Federal Register at 55 FR 26345, June
27, 1990, as a proposed rule, together with a request for comments. The
purpose of the proposed rule was to ensure that Government property
would be transferred and documented properly upon termination or
completion of a contract. The 16 responses that were received consisted
of 11 concurrences and no comments, and five comments.
As a result of the comments, the following substantive changes have
been made to the final rule:
(1) The rule has been relocated to FAR 45.311 and a sentence has
been added to FAR 45.603;
(2) The language has been modified to specifically refer to
Government-furnished property;
(3) The language has been modified to require that transfers be
documented by a modification to the gaining contract and a modification
or other documentation listing all items of property transferred to the
losing contract; and
(4) A sentence has been added to FAR 45.603 to clarify that
delivery of any contractor inventory includes transfers of Government-
furnished property.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the rule is considered a clarification of
existing Government policy and does not impose burdens on the small
business community.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 45
Government procurement.
Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR part 45 is amended as set forth below:
PART 45--GOVERNMENT PROPERTY
1. The authority citation for 48 CFR part 45 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 45.311 is added to read as follows:
45.311 Providing Government property by transfer.
Government property shall be transferred only if there is a
requirement under the gaining contract. Transfers of Government
property, as Government-furnished property, shall be documented by a
modification to the gaining contract. A modification or other
documentation listing all items of property transferred is required for
the losing contract.
3. Section 45.603 is amended in the introductory paragraph by
adding a new sentence after the first sentence to read as follows:
45.603 Disposal methods.
* * * This includes transfers of Government property to another
Government contract. * * *
* * * * *
[FR Doc. 94-30638 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P