[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Proposed Rules]
[Pages 29650-29655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14460]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1545 and 1552
[EPA-HQ-OARM-2008-0817; FRL-8906-4]
EPAAR Prescription and Clauses--Government Property--Contract
Property Administration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to update policy, procedures, and
contract clauses. The proposed rule consolidates the EPAAR physical
property clauses (Decontamination, Fabrication, and Government
Property), re-designates the prescription number in the data clause,
and updates the roles and responsibilities of the contractor, DCMA and
CPC.
DATES: Comments must be received on or before July 23, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2008-0817, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-1753.
Mail: EPA-HQ-OARM-2008-0817, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of three (3) copies.
Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2008-0817. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ''anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket, and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment, and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov, or in hard copy at the Government
Property-Contract Property Administration Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1752. This Docket Facility is open from 8:30
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Iris Redmon, Policy, Training and
Oversight Division, Acquisition, Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 202-564-2644; fax number: 202-
565-2475; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI, and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR Part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
The Federal Acquisition Regulation (FAR) on Government Property was
revised June 14, 2007. This revision removed the previous restriction
on providing government property for contract performance, and gave
[[Page 29651]]
contracting officers more flexibility in their determination to provide
property. Accordingly, in order to assist EPA contracting officers
involved in providing Government Property and contract property
administration, it is necessary to amend the EPAAR to incorporate
guidance on their use.
The administrative amendments are necessary for two reasons: First,
align Agency Government Property policy and procedures with the Federal
Acquisition Regulation Part 45, Government Property revision; and
second, encourage contractors to use commercial standards for managing
and recording property.
III. Proposed Rule
This proposed rule would make the following administrative changes
to the government property clause prescription and clauses: (1) Re-
designate the EPAAR prescription number 1545.106 as 1545.107 and change
the prescription reference in 1552.245-71 Government Furnished Data;
(2) consolidate the information in 1552.245-73 Government Property (GP)
and 1552.245-72-Fabrication or Acquisition of Nonexpendable Property
with 1552.245-70 Decontamination; (3) change the name of 1552.245-70
from Decontamination to Government Property; and (4) remove 1545.106
prescription, 1552.245-73 Government Property, and 1552.245-72
Fabrication or Acquisition of Nonexpendable Property.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed rule is not a significant regulatory action for the
purposes of Executive Order 12866; therefore, no review is required by
the Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB).
B. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not contain information requirements that require the approval of OMB
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impact of today's proposed rule on
small entities, ``small entity'' is defined as: (1) A small business
that meets the definition of a small business found in the Small
Business Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; or
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated, and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5 U.S.C. 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. Since
providing government property will be available equally to large and
small entities, this rule will not have a significant economic impact
on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
their regulatory actions on State, local, and Tribal governments, and
the private sector. This proposed rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in one year. Any private sector costs for this action relate to
paperwork requirements and associated expenditures that are far below
the level established for UMRA applicability. Thus, this proposed rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled, ``Federalism'' (64 FR 43255,
August 10, 1999), requires EPA to develop an accountable process to
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' are
defined in the Executive Order to include regulations that have
``substantial direct effects on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications, and preempts State law, unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This proposed rule would amend
the EPAAR to provide guidance on providing government property and make
other administrative changes. Thus, the requirements of section 6 of
the Executive Order do not apply to this proposed rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' ``Policies that have Tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on
[[Page 29652]]
one or more Indian Tribes, on the relationship between the Federal
Government and the Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.''
This proposed rule does not have Tribal implications. It will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.
In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communication between EPA and Tribal governments, EPA
specifically solicits additional comment on this proposed rule from
Tribal officials.
G. Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23,1997) applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866; and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866, and it does not involve decisions on
environmental health or safety risk.
H. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities, unless to do so would be inconsistent with
applicable law, or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rule will use the voluntary standards and or/industry
leading practices and standards for Government property management
except where inconsistent with law or regulation, as stated in FAR
52.245-1(b).
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution or Use'' (66 FR 28335 (May 22, 2001)), because it
is not a significant regulatory action under Executive Order 12866.
List of Subjects in 48 CFR Parts 1545 and 1552
Environmental protection, Government procurement.
Dated: May 6, 2009.
John C. Gherardini III,
Acting Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
PART 1545--GOVERNMENT PROPERTY
1. The authority citation for part 1545 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
Subpart 1545.1--General
2. Redesignate section 1545.106 as section 1545.107, and revise the
newly redesignated section to read as follows.
Sec. 1545.107 Government property clauses.
(a) The Contracting Officer shall insert the contract clause at
1552.245-70:
(1) When it is anticipated that a Contractor will use Government-
furnished or Contractor-acquired property in the cleanup of hazardous
material as defined in Federal Standard No. 313, or, the toxic
chemicals listed 40 CFR 372.65, in the environment.
(2) In all cost-type solicitations and contracts regardless of
whether Government property is initially provided, and in all fixed-
price solicitations and contracts whenever Government-furnished
property is provided.
(b) The Contracting Officer shall insert the contract clause at
1552.245-71, Government-Furnished Data, in any contract in which the
Government is to furnish data to the Contractor. The data to be
provided shall be identified in the clause.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. The authority citation for part 1552 continues to read as
follows:
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
Subpart 1552.2--Texts of Provisions and Clauses
5. Revise section 1552.245-70 to read as follows:
Sec. 1552.245-70 Government property.
As prescribed in 1545.107(a), insert a clause substantially the
same as follows:
Government Property
(a) The contractor shall not fabricate or acquire, on behalf of the
Government, either directly or indirectly through a subcontract, any
item of property without prior written approval from the Contracting
Officer. If the Contracting Officer authorizes the contractor to
acquire and/or fabricate equipment for use in the performance of this
contract, the equipment shall be subject to the provisions of the
``Government Property'' clause and listed on the contract via contract
modification.
(b) If the Government provides item(s) of Government property to
the contractor for use in the performance of this contract, this
property shall be used and maintained by the contractor in accordance
with the provisions of the ``Government Property'' clause.
The ``EPA Contract Property Administration Requirements'' provided
below apply to this contract.
U.S. Environmental Protection Agency
Contract Property Administration Requirements (CPAR)
1. Purpose. This document sets forth the requirements for the U.S.
Environmental Protection Agency (EPA) contractors performing Government
property management responsibilities under EPA contracts. These
requirements supplement those contained in the Government Property
clause(s) and Part 45 Government Property of the Federal Acquisition
Regulation (FAR).
2. Contract Property Administration (CPAR).
a. EPA Delegation. EPA delegates all contract property
administration to the EPA Contract Property Coordinator
[[Page 29653]]
(CPC). The delegations apply to all EPA contracts issued with or that
have the potential to receive, purchase or acquire Government Property
or include the Government Property clauses. In addition to
administering all contract property, the CPC provides technical
expertise and assistance to the Contracting Officer (CO) and
Contracting Officer Technical Representative (COTR) relative to
Government Property.
b. DCMA Re-delegation. The CPC may re-delegate contract property
management oversight to the Defense Contract Management Agency (DCMA)
for property administration and plant clearance. Upon acceptance of the
delegation, DCMA will provide notification to the contractor
identifying the assigned property administrator (PA) and plant
clearance officer (PLCO). The DCMA PA is available to the contractor
for assistance in all matters of property administration.
Notwithstanding the delegation, as necessary, the contractor may
contact the EPA CO. In the event of a disagreement between the
contractor and the DCMA PA, the contractor should seek resolution from
the CO. Unless otherwise directed in the contract, or this document,
all originals of written information or reports, except direct
correspondence between the contractor and the DCMA PA, relative to
Government property, should be forwarded to the administrative CO
assigned to this contract and the CPC.
c. Disagreements. Notwithstanding the delegation (s), as necessary,
the contractor may contact the CO. In the event of a disagreement
between the contractor and the PA or the CPC the contractor should seek
resolution from the CO.
3. Requests for Government Property.
In accordance with FAR 45.102, the contractor shall furnish all
property required for performing Government contracts. If a contractor
believes that Government property is required for performance of the
contract, the contractor shall submit a written request to the CO. At a
minimum, the request shall contain the following elements:
a. Contract number for which the property is required.
b. An item(s) description, quantity and estimated cost.
c. Certification that no like contractor property exists which
could be utilized.
d. A detailed description of the task-related purpose of the
property.
e. Explanation of negative impact if property is not provided by
the Government.
f. Lease versus purchase analysis shall be furnished with the
request to acquire property on behalf of the Government, with the
exception of requests for material purchases. The contractor may not
proceed with acquisition of property on behalf of the Government until
receipt of written authorization from the Contracting Officer.
4. Transfer of Government Property. When the contractor receives
Government Property (GP), the contractor should receive, from the
transferor, (either EPA or another contractor) all of the applicable
data elements (Attachment 1 of this clause) needed to maintain the
required records. Prior to signing an acceptance document for the
property, the receiving contractor should perform a complete inventory
of the property. Responsibility, as well as accountability, passes with
the signed acceptance, in accordance with FAR 45.106. When, at the
written direction of the CO, via contract modification, the contractor
transfers Government Property to another contractor, or another Agency,
the contractor shall provide the applicable data elements (Attachment 1
of this clause).
5. Records of Government Property.
a. In accordance with FAR 52.245-1, the contractor shall create and
maintain records of all Government property, regardless of value,
including property provided to and in the possession of a
subcontractor. Material provided by the Government or acquired by the
contractor and billed as a direct charge to the contract is Government
property and records must be established as such.
b. The Contractor shall identify all Superfund property and
designate it as such both on the item and on the Government property
record. If it is not practicable to tag the item, the contractor shall
write the ID number on a tag, card or other entity that may be kept
with the item or in a file.
c. Support documentation used for posting entries to the property
record shall provide complete, current and auditable data. Entries
shall be posted to the record in a timely manner following an action.
d. For Government vehicles, in addition to the data elements
required by EPA, the contractor shall also comply with the General
Services Administration (GSA) and Department of Energy (DOE) record and
report requirements supplied with all EPA provided motor vehicles. If
the above requirements were not provided with the vehicle, the
contractor shall notify the designated CPC and the Fleet Manager.
e. When Government property is disclosed to be in the management
and/or control of the contractor but not provided under any contract,
the contractor shall record and report the property in accordance with
FAR 52.245-1.
6. Inventories of Government Property. The contractor shall conduct
a complete physical inventory of EPA property at least once per year.
The contractor shall report the results of the inventory, including any
discrepancies, to the CO. Reconciliation of discrepancies shall be
completed in accordance with the schedule negotiated with the CO. See
section 10 herein, Contract Closeout, for information on final
inventories.
7. Reports of Government Property. EPA requires an annual summary
report, for each contract, by contract number, of Government property
in the contractor's possession. The annual summary is due as of
September 30th of each year, and upon contract termination or
expiration.
a. For each classification listed on the EPA Property Report form,
with the exception of material, the contractor shall provide the total
acquisition cost and total quantity. If there are zero items in a
classification, or if there is an ending balance of zero, the
classification must be listed with zeros in the quantity and
acquisition cost columns.
b. For material, the contractor shall provide the total acquisition
cost only.
c. Property classified as Plant Equipment, Superfund and Special
Test Equipment must be reported on two separate lines. The first line
shall include the total acquisition cost and quantity of all items or
systems with a unit acquisition cost of $25,000 or more. The second
line shall include the total acquisition cost and quantity of all items
with a unit acquisition cost of less than $25,000.
d. For items comprising a system, which is defined as ``a group of
interacting items functioning as a complex whole,'' the contractor may
maintain the record as a system noting all components of the system
under the main component or maintain individual records for each item.
However, for the annual report of Government property the components
must be reported as a system with one total dollar amount for the
system, if that system total is $25,000 or more.
e. The reports are to be received at EPA by the CPC by October 5th
of each year.
f. Distribution shall be as follows:
Original to: CPC.
One copy: CO.
g. Contractors are required to comply with GSA and DOE special
reporting requirements for motor vehicles. A statement of these
requirements will be
[[Page 29654]]
provided by the EPA Facility Management and Services Division (FMSD)
concurrent with receipt of each vehicle.
h. The contractor shall provide detailed reports on an as-needed
basis, as may be requested by the CO or the CPC.
8. Disposition of Government Property. The disposition process is
composed of three distinct phases: Identification, reporting, and final
disposition.
a. Identification. The disposition process begins with the
contractor identifying Government property that is no longer required
for contract performance. Effective contract property management
systems provide for identification of excess as it occurs. Once
Government property has been determined to be excess to the accountable
contract, it must be screened against the contractor's other EPA
contracts for further use. If the property may be reutilized, the
contractor shall notify the CO in writing. Government property will be
transferred via contract modifications to other contracts only when the
COs on both the current contract and the receiving contract authorize
the transfer.
b. Reporting.
(i) EPA. Government property shall be reported in accordance with
FAR 52.245-1. The Standard Form, SF 1428, Inventory Disposal Schedule,
provides the format for reporting excess Government property.
Instructions for completing and when to use the form may be found at
FAR 52.245-1 (j). Forward the completed SF 1428 to the CPC. The SF 1428
is available at http://www.arnet.gov/far/current/html/FormsStandard54.html. Superfund property must contain a Superfund
notification and the following language must be displayed on the form:
``Note to CO: Reimbursement to the EPA Superfund is required.''
(ii) DCMA. If the EPA contract has been re-delegated to DCMA, the
excess items will be entered into the Plant Clearance Automated
Reutilization Screening System (PCARSS). Access and information
pertaining to this system may be addressed to the DCMA Plant Clearance
Officer (PLCO).
c. Disposition Instructions.
(i) Retention. When Government property is identified as excess,
the CO may direct the contractor in writing to retain all or part of
the excess Government Property under the current contract for possible
future requirements.
(ii) Return to EPA. When Government property is identified as
excess, the CO may direct the contractor in writing to return those
items to EPA inventory. The contractor shall ship/deliver the property
in accordance with the instructions provided by the CO.
(iii) Transfer. When Government property is identified as excess,
the CO may direct the contractor in writing to transfer the property to
another EPA contractor. The contractor shall transfer the property by
shipping it in accordance with the instructions provided by the CO. To
effect transfer of accountability, the contractor shall provide the
recipient of the property with the applicable data elements set forth
in Attachment 1 of this clause.
(iv) Sale. If GSA or the DCMA PLCO conducts a sale of the excess
Government property, the contractor shall allow prospective bidders
access to property offered for sale.
(v) Abandonment. Abandoned property must be disposed of in a manner
that does not endanger the health and safety of the public.
If the contract is delegated to DCMA and the contractor has input
EPA property into the PCARSS system, the EPA Property Utilization
Officer (PUO) shall notify the CO. The CO shall notify the contractor
in writing of those items EPA would like to retain, have returned or
transferred to another EPA contractor. The contractor shall notify the
DCMA PLCO and request withdrawal of those items from the inventory
schedule.
The contractor shall update the Government property record to
indicate the disposition of the item and to close the record. The
contractor shall also obtain either a signed receipt or proof of
shipment from the recipient.
The contractor shall notify the CO when all actions pertaining to
disposition have been completed. The contractor shall complete an EPA
Property report with changes, to include supporting documentation of
completed disposition actions and submit it to the CPC.
9. Decontamination. In addition to the requirements of the
''Government Property'' clause and prior to performing disposition of
any EPA Government Property, the contractor shall certify in writing
that the property is free from contamination by any hazardous or toxic
substances.
10. Contract Closeout. The contractor shall complete a physical
inventory of all Government property at contract completion and the
results, including any discrepancies, shall be reported to the CO. If
the contract is delegated to DCMA, the physical inventory report will
be submitted to the EPA CO and a copy submitted to the DCMA PA.
In the case of a terminated contract, the contractor shall comply
with the inventory requirements set forth in the applicable termination
clause. The results of the inventory, as well as a detailed inventory
listing, must be forwarded to the CO and if delegated, a copy to the
DCMA PA.
In order to expedite the disposal process, contractors may be
required to, or may elect to submit to the CPC, an inventory schedule
for disposal purposes up to six (6) months prior to contract
completion. If such an inventory schedule is prepared, the contractor
must indicate the earliest date that each item may be disposed. The
contractor shall update all property records to show disposal action.
The contractor shall notify the CO, and, if delegated, the DCMA PA, in
writing, when all work has been completed under the contract and all
Government property accountable to the contract has been disposed. The
contractor shall complete a FINAL EPA Property report with all
supporting documentation to the CPC.
Attachment 1
Required Data Element--In addition to the requirements of FAR
52.245-1(f)(vi), Reports of Government Property, the contractor is
required to maintain, and report the following data elements for EPA
Government property (all elements are not applicable to material):
Name and address of the administrative Contracting Officer.
Name of the contractor representative.
Business type.
Name and address of the contract property coordinator.
Superfund (Yes/No).
No. of Subcontractor/Alternate Locations.
Note: For items comprising a system which is defined as ``a
group of interacting items functioning as a complex whole,'' the
contractor may maintain the record as a system noting all components
of the system under the main component or maintain individual
records for each item. However, for the Annual Report of Government
Property, the components must be reported as a system with one total
dollar amount for the system, if that system total is $25,000 or
more.
(End of clause.)
6. Revise section 1552.245-71 to read as follows:
Sec. 1552.245-71 Government-furnished data.
As prescribed in 1545.107 (b), insert the following contract clause
in any contract that the Government is to furnish the Contractor data.
Identify in the clause the data to be provided.
[[Page 29655]]
Government-Furnished Data
(a) The Government shall deliver to the Contractor the Government-
furnished data described in the contract. If the data, suitable for its
intended use, is not delivered to the Contractor, the Contracting
Officer shall equitably adjust affected provisions of this contract in
accordance with the ''Changes'' clause when:
(1) The Contractor submits a timely written request for an
equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(b) Title to Government-furnished data shall remain in the
Government.
(c) The Contractor shall use the Government-furnished data only in
connection with this contract.
(d) The following data will be furnished to the Contractor on or
about the time indicated:
(End of clause.)
Sec. 1552.245-72 and Sec. 1552.245-73 [Removed]
7. Remove sections 1552.245-72 and 1552.245-73.
[FR Doc. E9-14460 Filed 6-22-09; 8:45 am]
BILLING CODE 6560-50-P