29650 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

Further NPRM of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–14757 Filed 6–22–09; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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: docket.oei@epa.gov. 

• 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 CenterAttention 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; email address: redmon.iris@epa.gov. 

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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 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) Redesignate 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-forprofit 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 

29652 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

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. 

§ 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 Governmentfurnished 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: 

§ 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 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 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 taskrelated 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 

29654 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

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: 

§ 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. 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29655 

Government-Furnished Data 

(a) The Government shall deliver to 

the Contractor the Governmentfurnished 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] 

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