[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Proposed Rules]
[Pages 22729-22731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9890]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 245 and 252
RIN 0750-AG64
Defense Federal Acquisition Regulation Supplement; Reporting of
Government Property Lost, Stolen, Damaged, or Destroyed (DFARS Case
2008-D049)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD proposes to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to require contractors to report loss,
theft, damage, and destruction (LTDD) of Government property to the
DCMA ``eTools'' application.
[[Page 22730]]
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before June 29, 2010 to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2008-D049,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2008-D049 in the subject
line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms. Mary
Overstreet, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, 703-602-0311.
SUPPLEMENTARY INFORMATION:
A. Background
DoD is pursuing the migration from paper-based processes to greater
use of automation. This proposed rule revises requirements for all DoD
contractors to report the loss, theft, damage, and destruction (LTDD)
of Government property to the DCMA ``eTools'' application.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory flexibility analysis
consistent with 5 U.S.C. 603. A copy of the analysis may be obtained
from the point of contact specified herein. The analysis is summarized
as follows:
The objective of this rule is to provide DoD with a single
repository of all LTDD data to improve accountability and control of
DoD assets and contractor oversight.
The rule generally will apply to DoD contractors provided with
Government-furnished property. The proposed clause at 252.245-70XX
Reporting Loss, Theft, Damage, or Destruction of Government Property,
requires the contractor to use the Defense Contract Management Agency
``e-Tools'' software application for reporting of loss, damage, or
destruction of Government property, which can be accessed from the DCMA
homepage External Web Access Management application at http://www.dcma.mil. This 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 any
start-up costs that contractors will incur to comply with the rule are
expected to be minimal, and any such costs should be offset by the
reduced administrative costs that are expected to result from
implementation of this rule.
At this time, DoD is unable to estimate the number of small
entities to which this rule will apply. Therefore, DoD invites comments
from small business concerns and other interested parties on the
expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2008-D049) in
correspondence.
C. Paperwork Reduction Act
The information collection requirements under this proposed rule
were formerly set forth under FAR 52.245-1(f)(vi), and have been
approved by the Office of Management and Budget under Clearance Number
9000-0075. The requirements of this proposed rule are not expected to
change significantly the burden hours approved under Clearance Number
9000-0075.
List of Subjects in 48 CFR Parts 245 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 245 and 252 as
follows:
1. The authority citation for 48 CFR parts 245 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 245--GOVERNMENT PROPERTY
2. Amend section 245.102 by adding paragraph (4) to read as
follows:
245.102 Policy.
* * * * *
(4) Reporting of Government Property Lost, Damaged, Destroyed, or
Stolen.
(i) The Defense Contract Management Agency (DCMA) ``e-Tools''
software application shall be the DoD data repository for reporting of
loss, theft, damage, or destruction of Government property in the
possession of contractors. Reporting value shall be at acquisition
cost. The ``e-Tools'' system can be accessed from the DCMA home page
External Web Access Management application at http://www.dcma.mil.
(ii) Unless otherwise provided for in the contract, the
requirements of paragraph (4)(i) of this section do not apply to normal
and reasonable inventory adjustments of ``low risk'' consumable
material such as common hardware, as agreed to by the contractor and
Government Property Administrator. Such losses are typically a product
of normal process variation.
(iii) Reporting requirements apply to losses outside such
variation. For example, due to theft of; or when losses occur due to a
failure to provide adequate storage or security, e.g., failure to
repair a leaky roof; or due to ``acts of God,'' e.g., tornado damages
warehouse or stockroom.
(iv) The aforementioned reporting requirements in no way change the
liability provisions or reporting requirements under the clauses at FAR
52.245-1, Government Property, or FAR 52.245-2, Government Property
Installation Operation Services.
4. Amend section 245.107-70 by revising the section heading,
redesignating the introductory text as paragraph (1), and adding
paragraph (2) to read as follows:
245.107-70 Contract Clauses.
(1) Use the clause at 252.245-7000, Government-Furnished Mapping,
Charting, and Geodesy Property, in solicitations and contracts when
mapping, charting, and geodesy property is to be furnished.
(2) Use the clause at 252.245-70XX in solicitations and contracts
that contain the clause at--
(i) FAR 52.245-1, Government Property; or
(ii) FAR 52.245-2, Government Property Installation Operation
Services.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Section 252.245-70XX is added to read as follows:
252.245-70XX Reporting Loss, Theft, Damage, or Destruction of
Government Property.
As prescribed in 245.107-70, use the following clause:
REPORTING LOSS, THEFT, DAMAGE, OR DESTRUCTION OF GOVERNMENT PROPERTY
(DATE)
(a) Definitions. As used in this clause--
Acquisition cost, for Government-furnished property, means the
amount identified in the contract, or in the absence of such
identification, the item's fair-market value.
Government property means all property owned or leased by the
Government.
[[Page 22731]]
Government property includes both Government-furnished property and
Contractor-acquired property. Government property consists of
material, equipment, special tooling, special test equipment, and
real property.
(b) Policy for Contractor Reporting of Government Property Lost,
Stolen, Damaged, or Destroyed.
(1) The Contractor shall use the Defense Contract Management
Agency (DCMA) ``e-Tools'' software application for reporting of
loss, theft, damage, or destruction of Government property.
Reporting value shall be at acquisition cost. The ``e-Tools'' system
can be accessed from the DCMA home page External Web Access
Management application at http://www.dcma.mil.
(2) Unless otherwise provided for in this contract, the
requirements of paragraph (b) (1) of this clause do not apply to
normal and reasonable inventory adjustments, i.e., losses of ``low
risk'' consumable material such as common hardware, as agreed to by
the Contractor and the Government Property Administrator. Such
losses are typically a product of normal process variation. The
Contractor shall ensure that its property management system provides
adequate management control measures, e.g., statistical process
controls, as a means of managing such variation.
(3) Reporting requirements apply to losses outside such
variation. For example, due to theft of; or when losses occur due to
a failure to provide adequate storage or security, e.g., failure to
repair a leaky roof; or due to ``acts of God,'' e.g., tornado
damages warehouse or stockroom.
(4) The aforementioned reporting requirements in no way change
the liability provisions or reporting requirements under the clauses
at FAR 52.245-1, Government Property, or FAR 52.245-2, Government
Property Installation Operation Services.
(End of clause)
[FR Doc. 2010-9890 Filed 4-29-10; 8:45 am]
BILLING CODE 5001-08-P