94-30638. Federal Acquisition Regulation; Transfers of Government Property  

  • [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
    
    
    

Document Information

Published:
12/28/1994
Department:
National Aeronautics and Space Administration
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-30638
Dates:
February 27, 1995.
Pages:
0-0 (None pages)
Docket Numbers:
Federal Register: December 28, 1994, FAC 90-23, FAR Case 90-34, Item XXXI
RINs:
9000-AE06
CFR: (1)
48 CFR 45