[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6896]
[Federal Register: March 28, 1994]
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DEPARTMENT OF DEFENSE
48 CFR Part 45
[FAR Case 91-72]
Federal Acquisition Regulation; Government Property
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to alert the contracting officer that
facilities contracts should be closed out when Government production
and research property is no longer required for the performance of the
instant Government contract or subcontracts. This regulatory action was
not subject to Office of Management and Budget review pursuant to
Executive Order No. 12866 dated September 30, 1993.
DATES: Comments should be submitted on or before May 27, 1994 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW., room 4037, Washington, DC 20405.
Please cite FAR case 91-72 in all correspondence related to this
case.
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 FAR case
91-72.
SUPPLEMENTARY INFORMATION:
A. Background
Language has been added at FAR 45.302-1(e) stating that facilities
contracts should be closed out when Government production and research
property is no longer required for the performance of the instant
Government contract or subcontracts. This language is important for the
control and management of Government property and allows for timely
reutilization of facilities accountable to Government contracts. The
language was removed from the Defense Federal Acquisition Regulation
Supplement at 48 CFR 245.302-1(S-70) as more appropriate for inclusion
in the FAR.
B. Regulatory Flexibility Act
The proposed rule is not expected 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., because few, if
any, facilities contracts are with small firms. An Initial Regulatory
Flexibility Analysis has, therefore, not been performed. Comments from
small entities concerning the affected FAR subpart will be considered
in accordance with section 610 of the Act. Such comments must be
submitted separately and should cite 5 U.S.C. 601, et seq. (FAR case
91-72) in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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: March 18, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, it is proposed that 48 CFR part 45 be 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 45.302-1 is amended by adding paragraph (e) to read as
follows:
45.302-1 Policy.
* * * * *
(e) Agencies shall close out facilities contracts when Government
production and research property is no longer required for the
performance of Government contracts or subcontracts, unless closeout is
not in the best interest of the Government. The contractor is not
allowed to extend the time for use of property provided under the
facilities contract without Government authorization.
[FR Doc. 94-6896 Filed 3-25-94; 8:45 am]
BILLING CODE 6820-34-M
