15742 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules

(ii) The time and origin of the loss,

destruction, or damage;

(iii) All known interests in

commingled property of which the

Government property is a part; and

(iv) The insurance, if any, covering

any part of or interest in such

commingled property.

• Deviation authorizes substitution of

the following subparagraph (g)(7),

which makes the cost of insurance due

to DoD contractors’ assumption of risk

of loss for low value property an

allowable cost pursuant to FAR 31.205–

19:

(g)(7) The Contractor shall not be

reimbursed for, and shall not include as

an item of overhead, the cost of

insurance or of any reserve covering risk

of loss or destruction of, or damage to,

Government property, except:

(i) to the extent that the Government

may have expressly required the

Contractor to carry such insurance

under another provision of this contract;

or

(ii) low value property.

52.245–7 Government Property

(Consolidated Facilities) (APR 1984).

• Deviation authorizes substitution of

the following subparagraphs (d)(2) and

(d)(4), which clarify that title to items of

Government property lost, damaged, or

destroyed, and replaced under the risk

of loss provisions of this clause vests in

the Government:

(d)(2) Title to all facilities and

components shall pass to and vest in the

Government upon delivery by the

vendor of all such items purchased by

the Contractor for which it is entitled to

be reimbursed as a direct item of cost

under this contract or for which the

Contractor is responsible to replace

under the risk of loss provisions

specified in the clause at FAR 52.245–

8, Liability for the Facilities.

(d)(4) Title to other property, the cost

of which is reimbursable to the

Contractor under this contract or for

which the Contractor is responsible to

replace under the risk of loss provisions

specified in the clause at FAR 52.245–

8, Liability for the Facilities, shall pass

to and vest in the Government upon——

(i) Issuance of the property for use in

performing this contract;

(ii) Commencement of processing or

use of the property in performing this

contract; or

(iii) Reimbursement of the cost of the

property by the Government, whichever

occurs first.

52.245–8 Liability for the Facilities (APR

1984).

• Deviation authorizes substitution of

the following paragraph (b), which

requires contractors to assume risk of,

and be responsible for, any loss,

damage, or destruction of low value

property, except for reasonable wear

and tear:

(b) The Contractor assumes the risk of,

shall be responsible for, and shall not be

entitled to reimbursement as an

allowable cost for any loss or

destruction of, or damage to low value

property upon its delivery to the

contractor or upon passage of title to the

Government as specified in the clause at

FAR 52.245–7, Government Property

(Consolidated Facilities), FAR 52.245–

10, Government Property (Facilities

Acquisition) or FAR 52.245–11,

Government Property (Facilities Use).

However, the Contractor is not

responsible for reasonable wear and tear

of low value property or for low value

property properly consumed in

performing this contract. With respect to

all other Government property, the

Contractor shall not be liable for any

loss or destruction of, or damage to, the

facilities, or for expenses incidental to

such loss, destruction, or damage,

except as provided in this clause.

• Deviation authorizes substitution of

the following paragraph (f), which

makes the cost of insurance due to

assumption of risk of loss for low value

property an allowable cost pursuant to

FAR 31.205–19:

(f) Unless expressly directed in

writing by the Contracting Officer, the

Contractor shall not include in the price

or cost under any contract with the

Government the cost of insurance

(including self-insurance) against any

form of loss, destruction, or damage to

the facilities. However, the Contractor

may include the price or cost of such

insurance against any form of loss,

destruction, or damage to low value

property. Any insurance required under

this clause shall be in such form, in

such amounts, for such periods of time,

and with such insurers (including the

Contractor as self-insurer in appropriate

circumstances) as the Contracting

Officer shall require or approve. Such

insurance shall provide for 30 days

advance notice to the Contracting

Officer, in the event of cancellation or

material change in the policy coverage

on the part of the insurer. A certificate

of insurance or a certified copy of such

insurance shall be deposited promptly

with the Contracting Officer. The

Contractor shall, not less than 30 days

before the expiration of such insurance,

deliver to the Contracting Officer a

certificate of insurance or a certified

copy of each renewal policy. The

insurance shall be in the name of the

United States of America (Agency

Name), the Contractor, and such other

interested parties as the Contracting

Officer shall approve, and shall contain

a loss payable clause reading

substantially as follows: Any loss under

this policy shall be adjusted with

(Contractor) and the proceeds, at the

direction of the Government, shall be

paid to (Contractor). Proceeds not paid

to (Contractor) shall be paid to the office

designated by the Contracting Officer.

• Deviation authorizes substitution of

the following introductory text for

paragraph (g), which allows contractors

to report loss, damage, or destruction of

items of low value property only at

contract termination or completion:

(g) With the exception of low value

property for which the loss, damage, or

destruction is required to be reported at

contract termination or completion,

when there is any loss or destruction of,

or damage to, the facilities——

52.245–11 Government Property

(Facilities Use) (APR 1984).

• Deviation authorizes insertion of

the following new subparagraph (c)(2),

which clarifies that title to items of

Government property lost, damaged, or

destroyed, and replaced under the risk

of loss provisions of this clause vests in

the Government. The deviation also

authorizes substitution of the

numbering of the existing

subparagraphs (c)(2), (c)(3), and (c)(4) as

(c)(3), (c)(4), and (c)(5), respectively:

(c)(2) Title to facilities for which the

Contractor is responsible to replace

under the risk of loss provisions

specified in the clause at FAR 52.245–

8, Liability for the Facilities, shall pass

to and vest in the Government upon the

vendor’s delivery of such facilities. Title

to all other facilities for which the

Contractor is responsible to replace

under the risk of loss provisions

specified in the clause at FAR 52.245–

8 shall pass to an vest in the

Government upon——

(i) Issuance of the property for use in

contract performance;

(ii) Commencement of processing of

the property for use in contract

performance; or

(iii) Reimbursement of the cost of the

property by the Government, whichever

occurs first.

List of Subjects in 48 CFR Parts 45 and

52

Government procurement.

Claudia L. Naugle,

Executive Editor, Defense Acquisition

Regulations Council.

[FR Doc. 95–7340 Filed 3–24–95; 8:45 am]

BILLING CODE 5000–04–M
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules 15743

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 640

[I.D. 032095B]

Spiny Lobster Fishery of the Gulf of

Mexico and South Atlantic;

Amendment 4

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of an

amendment to a fishery management

plan; request for comments.

SUMMARY: NMFS announces that the

Gulf of Mexico and South Atlantic

Fishery Management Councils have

submitted Amendment 4 to the Fishery

Management Plan for the Spiny Lobster

Fishery of the Gulf of Mexico and South

Atlantic for review, approval, and

implementation by NMFS. Written

comments are requested from the

public.

DATES: Written comments must be

received on or before May 18, 1995.

ADDRESSES: Comments must be mailed

to the Southeast Regional Office, NMFS,

9721 Executive Center Drive N., St.

Petersburg, FL 33702.

Requests for copies of Amendment 4

and supporting documents should be

sent to the Gulf of Mexico Fishery

Management Council, 5401 W. Kennedy

Boulevard, Suite 331, Tampa, FL

33609–2486, FAX: 813–225–7015, or to

the South Atlantic Fishery Management

Council, 1 Southpark Circle, Suite 306,

Charleston, SC 29407–4699, FAX: 803–

769–4520.

FOR FURTHER INFORMATION CONTACT:

Georgia Cranmore, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

Magnuson Fishery Conservation and

Management Act (Magnuson Act)

requires that a council-prepared

amendment to a fishery management

plan be submitted to NMFS for review

and approval, disapproval, or partial

disapproval. The Magnuson Act also

requires that NMFS, upon receiving an

amendment, immediately publish a

notice that the amendment is available

for public review and comment. NMFS

will consider public comment in

determining approvability of the

amendment.

Amendment 4 would allow the

harvest of spiny lobster year-round and

establish a daily bag or possession limit

of two spiny lobster per person in the

exclusive economic zone off North

Carolina, South Carolina, and Georgia.

Proposed regulations to implement

Amendment 4 are scheduled for

publication within 15 days.

Authority: 16 U.S.C. 1801 et seq.

Dated: March 21, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–7393 Filed 3–22–95; 10:57 am]

BILLING CODE 3510–22–F