[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47108-47112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22038]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1545 and 1552

[EPA EPA-HQ-OARM-2008-0817; FRL-8956-4]
RIN 2030-AA98


EPAAR Prescription and Clauses--Government Property--Contract 
Property Administration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final 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 final 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: This final rule is effective September 15, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OARM-2008-0817. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the OEI Docket. This 
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The Docket telephone number is (202) 
566-1752. OEI Docket, EPA/DC, EPA West, Public Reading Room 3334, 1301 
Constitution Ave., NW., Washington, DC 20004. 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 is (202) 
566-1752.

FOR FURTHER INFORMATION CONTACT: Iris Redmon, Acquisition Policy and 
Training Service Center (3802R) Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 
564-2644; fax number: (202) 565-2553; e-mail address: 
<a href="/cdn-cgi/l/email-protection#324057565f5d5c1c5b405b41725742531c555d44"><span class="__cf_email__" data-cfemail="6d1f080900020343041f041e2d081d0c430a021b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Entities potentially affected by this action include firms that are 
performing or will perform under contract for the EPA which have or 
have the potential for the use of government property. This includes 
firms in all industry groups.

II. Background

    The Federal Acquisition Regulation (FAR) on Government Property was 
revised June 14, 2007. The FAR Part 45 revision removed the previous 
restriction on providing government property for contract performance, 
and gave 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 EPAAR revision aligns Agency Government Property policy and 
procedures with the FAR Part 45, Government Property revision, and 
encourages contractors to use commercial standards for managing and 
recording property.

III. Final Rule

    This rule amended the EPAAR to revise the prescription for and 
wording of the government property clause(s). The revision: (1) Re-
designates the EPAAR prescription number 1545.106 as 1545.107 and 
changes the prescription reference in 1552.245-71 Government Furnished 
Data; (2) consolidates 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) changes 
the name of 1552.245-70 from Decontamination to Government Property; 
and (4) removes 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 final 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.

[[Page 47109]]

    For purposes of assessing the impact of today's final 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 final 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 final 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 final 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 final 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 final 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 final regulation.
    This final 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 final 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 final 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 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 final 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 final 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 final rule from tribal 
officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    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. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This final 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.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    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

[[Page 47110]]

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 final 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).

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental just part of their mission by 
identifying and addressing, as appropriate, disproportionately high and 
adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rulemaking does not involve human health or 
environmental affects.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, does not 
apply because this action is not a rule, for purposes of 5 U.S.C. 
804(3).
    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

V. Response to Comments

    We received comments from one commenter during the official comment 
period which ended July 23, 2009. Minor revisions to the final language 
were made in response to the comments. The comments are summarized 
below along with EPA's response.
    Comments. The commenter suggests revising paragraph (b) 2.b to: (1) 
Remove the delegation language from the clause removal, as it may not 
be appropriate to include delegation language in a clause; or (2) state 
that EPA's delegation is contingent upon Defense Contract Management 
Agency's (DCMA) acceptance. In addition, the commenter suggests 
revising paragraph f.4. to clarify the requirements of both the gaining 
and losing contractor during the property transfer process.
    Response. Partially concur. The delegation language was not removed 
instead paragraph (b) 2.b was revised to state the Contract Property 
Coordinator may request property management support from DCMA. If DCMA 
agrees to provide support DCMA will notify the contractor of the 
assigned property administrator and the property clearance officer. 
Lastly, paragraph f.4. was revised to clarify that the shipping 
contractor must provide the information and elements needed to 
establish and maintain the property records.

List of Subjects in 48 CFR Parts 1545 and 1552

    Environmental protection, Government procurement.

    Dated: August 28, 2009.
John C. Gherardini III,
Acting Director, Office of Acquisition Management.


0
For the reasons set forth in the preamble, Chapter 15 of title 48 Code 
of Federal Regulations parts 1545 and 1552 are amended as follows:

PART 1545--GOVERNMENT PROPERTY

0
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

0
2. Redesignate section 1545.106 as 1545.107, and revise the newly re-
designated section to read as follows:


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

0
3. 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

0
4. Revise section 1552.245-70 to read as follows:


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

    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 (CPC). The 
delegations apply to all EPA contracts issued with or that have the 
potential to receive, purchase or acquire Government Property or

[[Page 47111]]

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 request support for contract 
property management oversight, including property administration and 
plant clearance, from the Defense Contract Management Agency (DCMA). 
If DCMA agrees to provide support, DCMA will notify the contractor 
of 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. The Contracting Officer 
initiates the transfer of the government property via a contract 
modification. The transferor (EPA or another contractor) shall 
provide to the transferee, the receiving contractor, the information 
needed to establish and maintain the property records required of 
FAR 52.245-1, as well as all of the applicable data elements 
required by Attachment 1 of this clause. The transferee, the 
receiving contractor, should perform a complete inventory of the 
property before signing the acceptance document for the property. 
Accountability will transfer to the receiving contractor upon 
receipt and acceptance of the property, in accordance with FAR 
45.106.
    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 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

[[Page 47112]]

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)
0
5. Revise section 1552.245-71 to read as follows:


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.

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)


1552.245-72 and 1552.245-73  [Removed]

0
6. Remove sections 1552.245-72 and 1552.245-73.

[FR Doc. E9-22038 Filed 9-14-09; 8:45 am]
BILLING CODE 6560-50-P


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