Defense Federal Acquisition Regulation Supplement; Government Property (DFARS Case 2007-D020), 55007-55010 [E8-22419]
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
Director, NPFC means the head of the
U.S. Coast Guard National Pollution
Funds Center (NPFC).
Double hull has the meaning set forth
in 33 CFR part 157.
Single hull means any hull other than
a double hull.
§ 138.230.
Limits of liability.
(a) Vessels. The OPA 90 limits of
liability for vessels are—
(1) For a tank vessel greater than 3,000
gross tons with a single hull, including
a single-hull vessel fitted with double
sides only or a double bottom only, the
greater of $3,200 per gross ton or
$23,320,000;
(2) For a tank vessel greater than 3,000
gross tons with a double hull, the
greater of $2,000 per gross ton or
$19,960,000.
(3) For a tank vessel less than or equal
to 3,000 gross tons with a single hull,
including a single-hull vessel fitted with
double sides only or a double bottom
only, the greater of $3,200 per gross ton
or $6,360,000.
(4) For a tank vessel less than or equal
to 3,000 gross tons with a double hull,
the greater of $2,000 per gross ton or
$4,240,000.
(5) For any other vessel, the greater of
$1,000 per gross ton or $848,000.
(b) Deepwater ports. The OPA 90
limits of liability for deepwater ports
are—
(1) Generally. For any deepwater port
other than a deepwater port with a limit
of liability established by regulation
under Section 1004(d)(2) of OPA 90 (33
U.S.C. 2704(d)(2)) and set forth in
paragraph (b)(2) of this section,
$371,000,000;
(2) For deepwater ports with limits of
liability established by regulation under
Section 1004(d)(2) of OPA 90 (33 U.S.C.
2704(d)(2)):
(i) For the Louisiana Offshore Oil Port
(LOOP), $86,924,000; and
(ii) [Reserved].
(c) [Reserved].
rwilkins on PROD1PC63 with PROPOSALS
§ 138.240 Procedure for calculating limit of
liability adjustments for inflation.
(a) Formula for calculating a
cumulative percent change in the
Annual CPI–U. The Director, NPFC,
calculates the cumulative percent
change in the Annual CPI–U from the
year the limit of liability was
established, or last adjusted by statute or
regulation, whichever is later, to the
present year, using the escalation
formula described in Fact Sheet 00–1,
U.S. Department of Labor Program
Highlights, ‘‘How to Use the Consumer
Price Index for Escalation’’, September
2000. This cumulative percent change
value is rounded to one decimal place.
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(b) Significance threshold. Every three
years from the year a limit of liability
was established, or last adjusted by
statute or regulation, whichever is later,
the Director, NPFC, will evaluate
whether the cumulative percent change
in the Annual CPI–U since that date has
reached a significance threshold of 3
percent or greater. For any three-year
period in which the cumulative percent
change in the Annual CPI–U is less than
3 percent, the Director, NPFC, will
publish a notice of no adjustment to the
limit of liability in the Federal Register.
If this occurs, the Director, NPFC, will
recalculate the cumulative percent
change in the Annual CPI–U since the
year in which the limit of liability was
most recently established or last
adjusted by statute or regulation,
whichever is later, each year thereafter
until the cumulative percent change
equals or exceeds the threshold amount
of 3 percent. Once the 3-percent
threshold is reached, the Director,
NPFC, will increase the limit of liability
by an amount equal to the cumulative
percent change in the Annual CPI–U.
(c) Formula for calculating inflation
adjustments. The Director, NPFC,
calculates adjustments to the limits of
liability in § 138.230 of this part for
inflation using the following formula:
New limit of liability = Current limit of
liability value + (Current limit of
liability value × percent change in
the Annual CPI–U from the year the
limit of liability was established, or
last adjusted by statute or
regulation, whichever is later, to the
present year), then rounded to the
closest $100.
(d) [Reserved].
Dated: September 17, 2008.
Craig A. Bennett,
Director, National Pollution Funds Center,
United States Coast Guard.
[FR Doc. E8–22444 Filed 9–23–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 237, 239, 245, and
252
RIN 0750–AF92
Defense Federal Acquisition
Regulation Supplement; Government
Property (DFARS Case 2007–D020)
Proposed rule with request for
comments.
ACTION:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update text addressing management of
Government property in the possession
of contractors. The DFARS changes are
consistent with changes made to the
Federal Acquisition Regulation (FAR).
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
November 24, 2008, to be considered in
the formation of the final rule.
DATES:
You may submit comments,
identified by DFARS Case 2007–D020,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2007–D020 in the subject
line of the message.
Fax: 703–602–7887.
Mail: Defense Acquisition Regulations
System, Attn: Mr. Mark Gomersall,
OUSD (AT&L) DPAP (DARS), IMD
3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule updates and
reorganizes DFARS Subparts 245.1,
245.3, 245.4, and 245.5 for consistency
with FAR changes addressing
management of Government property in
the possession of contractors, published
at 72 FR 27364 on May 15, 2007. Minor
related changes are made in Parts 204,
237, 239, and 252. The following table
summarizes the proposed DFARS
changes:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
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Mr.
Mark Gomersall, 703–602–0302.
AGENCY:
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
Existing DFARS citation
Proposed change
204.7003 ......................................
Remove ‘‘facilities contracts’’ from the list of contract types, consistent with the removal of references to facilities contracts from the FAR.
Update the reference to the applicable FAR Government Property clause.
Update terminology and FAR references.
Update and relocate to 245.105.
(1) Update the definition of ‘‘facilities project’’ and relocate to 245.101.
(2) Relocate the definition of ‘‘mapping, charting, and geodesy’’ to 245.101 without change.
(3) Remove the definition of ‘‘provide,’’ since this term is now defined in FAR 45.101.
(4) Remove the definitions of ‘‘agency-peculiar property,’’ ‘‘industrial plant equipment,’’ and ‘‘other plant
equipment,’’ as they are no longer considered necessary.
Update and relocate to 245.102.
Remove. The specified equipment screening procedures have become obsolete.
Remove. The separate procedures for facilities contracts are no longer necessary.
Update and relocate to 245.102(3).
Remove. The corresponding FAR text has been removed.
Update and relocate to 245.102(2).
Relocate to 245.107–70.
Update and relocate to 245.301(1).
Relocate to 245.302(2).
Update and relocate to 245.302(1) and (3).
Update and relocate to 245.301. The dollar threshold for requiring descriptive information on items of Government property for which a contractor requests non-Government use is increased from $25,000 to
$100,000. The item unique identification (IUID) number and the item condition are added to the types of information to be provided.
Remove as unnecessary.
237.7003 ......................................
239.7402 ......................................
245.104 ........................................
245.301 ........................................
245.302–1(a) ...............................
245.302–1(b) and DD Form 1419
245.302–2 and 245.302–7 ..........
245.303–2 ....................................
245.307–2 ....................................
245.310 ........................................
245.310–70 ..................................
245.401 ........................................
245.403 ........................................
245.405 ........................................
245.407 ........................................
Subpart 245.5 and DD Form
1342.
Part 252 .......................................
Update references and clause titles.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this proposed
rule 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 the proposed rule makes
no significant change to DoD policy
regarding the management of
Government property in the possession
of contractors. Therefore, DoD has not
performed an initial regulatory
flexibility analysis. DoD invites
comments from small businesses and
other interested parties. DoD also will
consider comments from small entities
concerning the affected DFARS subparts
in accordance with 5 U.S.C. 610. Such
comments should be submitted
separately and should cite DFARS Case
2007–D020.
rwilkins on PROD1PC63 with PROPOSALS
C. Paperwork Reduction Act
List of Subjects in 48 CFR Parts 204,
237, 239, 245, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 204, 237, 239, 245, and 252
as follows:
1. The authority citation for 48 CFR
parts 204, 237, 239, 245, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Section 204.7003 is amended by
revising paragraph (a)(3)(v) to read as
follows:
204.7003
Basic PII number.
(a) * * *
(3) * * *
(v) Reserved-E
*
*
*
*
*
PART 237—SERVICE CONTRACTING
The information collection
requirements of DFARS Part 245 have
been approved by the Office of
Management and Budget under Control
Number 0704–0246.
3. Section 237.7003 is amended by
revising paragraph (c) to read as follows:
237.7003 Solicitation provisions and
contract clauses.
*
*
*
*
*
(c) Use the clause at FAR 52.245–1,
Government Property, with its Alternate
I, in solicitations and contracts that
include port of entry requirements.
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PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY
4. Section 239.7402 is amended by
revising paragraphs (b)(3) and (4) to read
as follows:
239.7402
Policy.
*
*
*
*
*
(b) * * *
(3) Except as provided in paragraph
(b)(4) of this section, contractors and
subcontractors shall normally provide
all required property, to include
telecommunications security equipment
or related devices, in accordance with
FAR 45.102. In some cases, such as for
communications security (COMSEC)
equipment designated as controlled
cryptographic item (CCI), contractors or
subcontractors must also meet
ownership eligibility conditions.
(4) When the contractor or
subcontractor does not meet ownership
eligibility conditions, the head of the
agency may authorize provision of the
necessary property as Governmentfurnished property or acquisition as
contractor-acquired property, as long as
conditions of FAR 45.102(b) are met.
*
*
*
*
*
PART 245—GOVERNMENT PROPERTY
5. Subparts 245.1 and 245.3 are
revised to read as follows:
Subpart 245.1—General
Sec.
245.101 Definitions.
245.102 Policy.
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245.105 Contractor’s property management
system compliance.
245.107–70 Contract clause.
Subpart 245.1—General
245.101
Definitions.
As used in this part—
Facilities project means a Government
project to provide, modernize, or
replace real property for use by a
contractor in performing a Government
contract or subcontract.
Mapping, charting, and geodesy
(MC&G) property is defined in the
clause at 252.245–7000, GovernmentFurnished Mapping, Charting, and
Geodesy Property.
rwilkins on PROD1PC63 with PROPOSALS
245.102
Policy.
(1) Facilities projects.
(i) Comply with DoD Directive 4275.5,
Acquisition and Management of
Industrial Resources, in processing
requests for facilities projects. Submit
the request for approval to—
(A) The Secretary of the military
department concerned, or the director of
the defense agency concerned, if the
project—
(1) Is a research and development
funded effort not exceeding $3 million
per fiscal year;
(2) Is funded from procurement
appropriations, is approved on a
location basis, and does not exceed $5
million for all property efforts during
one fiscal year; or
(3) Is in support of a major system or
subsystem (including ammunitionrelated projects) and the total
investment will not exceed $25 million
during the projected acquisition or
maintenance effort; or
(B) The Deputy Under Secretary of
Defense (Industrial Affairs and
Installations) if the project exceeds the
limitations in paragraph (1)(i)(A) of this
section.
(ii) Departments and agencies shall
submit reports of facilities projects to
the House and Senate Armed Services
Committees—
(A) At least 30 days before starting
facilities projects involving real
property (10 U.S.C. 2662); and
(B) In advance of starting construction
for a facilities project regardless of cost.
Use DD Form 1391, FY__Military
Construction Project Data, to notify
congressional committees of projects
that are not included in the annual
budget.
(2) Mapping, charting, and geodesy
property. All Government-furnished
mapping, charting, and geodesy (MC&G)
property is under the control of the
Director, National Geospatial
Intelligence Agency.
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(i) MC&G property shall not be
duplicated, copied, or otherwise
reproduced for purposes other than
those necessary for contract
performance.
(ii) Upon completion of contract
performance, the contracting officer
shall—
(A) Contact the Director, National
Geospatial Intelligence Agency, 4600
Sangamore Road, Bethesda, MD 20816–
5003, for disposition instructions;
(B) Direct the contractor to destroy or
return all Government-furnished MC&G
property not consumed during contract
performance; and
(C) Specify the destination and means
of shipment for property to be returned
to the Government.
(3) Government supply sources. When
a contractor will be responsible for
preparing requisitioning documentation
to acquire Government-furnished
property from Government supply
sources, include in the contract the
requirement to prepare the
documentation in accordance with DoD
4000.25–1–M, Military Standard
Requisitioning and Issue Procedures
(MILSTRIP). Copies are available from
the address cited at PGI 251.102.
245.105 Contractor’s property
management system compliance.
The property administrator shall
perform property administration in
accordance with department or agency
procedures.
245.107–70
Contract clause.
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.
Subpart 245.3—Authorizing the Use and
Rental of Government Property
Sec.
245.301 Use and rental.
245.302 Contracts with foreign governments
or international organizations.
Subpart 245.3—Authorizing the Use and
Rental of Government Property
245.301
Use and rental.
(1) Government use, as used in this
subpart, includes use on contracts for
foreign military sales. Also see 245.302.
(2) Authorizing non-Government use.
(i) Non-Government use of
Government-owned equipment
exceeding 25 percent of the total use for
Government and commercial work
requires prior approval of the—
(A) Assistant Secretary of the Army
(AL&T);
(B) Assistant Secretary of the Navy
(RD&A);
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55009
(C) Assistant Secretary of the Air
Force (Acquisition); or
(D) Director, Defense Logistics
Agency.
(ii) The authority in paragraph (2)(i) of
this section may be delegated to the
head of a contracting activity. Any
redelegation requires the approval of the
Deputy Under Secretary of Defense
(Industrial Affairs and Installations).
(iii) To determine the percentage of
non-Government use—
(A) Compute the percentage of nonGovernment use on time available for
use. Use the contractor’s normal work
schedule as represented by the
scheduled production shift hours;
(B) Use a base time period that is
neither less than three months nor more
than one year; and
(C) Use may be averaged at a single
plant for all items costing less than
$25,000.
(iv) Contractors should submit
requests for non-Government use of
Government-owned equipment to the
contract administration office at least
six weeks before the projected use. The
request shall include—
(A) The total number of items of
Government equipment requested for
use and the acquisition cost of each
item; and
(B) For each item of Government
equipment with an acquisition cost of
$100,000 or more, an itemized list
including nomenclature, item unique
identification (IUID) number if known,
condition, year of manufacture, and
acquisition cost.
(v) Approving officials shall retain for
periodic review, documentation of the
circumstances justifying nonGovernment use of Government
property.
245.302 Contracts with foreign
governments or international organizations.
(1) General.
(i) Approval. A contractor may use
Government property on work for
foreign governments and international
organizations only when approved in
writing by the contracting officer having
cognizance of the property. The
contracting officer shall grant approval
only if—
(A) The use will not interfere with
foreseeable requirements of the United
States;
(B) The work is undertaken as a DoD
foreign military sale; or
(C) For a direct commercial sale, the
foreign country or international
organization would be authorized to
contract with the department concerned
under the Arms Export Control Act.
(ii) Use charges.
(A) The Use and Charges clause is
applicable on direct commercial sales to
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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Proposed Rules
foreign governments or international
organizations.
(B) When a particular foreign
government or international
organization has funded the acquisition
of specific production and research
property, do not assess the foreign
government or international
organization rental charges or
nonrecurring recoupments for the use of
such property.
(2) Special tooling and special test
equipment.
(i) DoD normally recovers a fair share
of nonrecurring costs of special tooling
and special test equipment by including
these costs in its calculation of the
nonrecurring cost recoupment charge
when major defense equipment is sold
by foreign military sales or direct
commercial sales to foreign
governments or international
organizations. ‘‘Major defense
equipment’’ is defined in DoD Directive
2140.2, Recoupment of Nonrecurring
Costs on Sales of U.S. Items, as any item
of significant military equipment on the
United States Munitions List having a
nonrecurring research, development,
test, and evaluation cost of more than
$50 million or a total production cost of
more than $200 million.
(ii) When the cost thresholds in
paragraph (2)(i) of this section are not
met, the contracting officer shall assess
rental charges for use of special tooling
and special test equipment pursuant to
the Use and Charges clause if
administratively practicable.
(3) Waivers.
(i) Rental charges for use of U.S.
production and research property on
commercial sales transactions to the
Government of Canada are waived for
all commercial contracts. This waiver is
based on an understanding wherein the
Government of Canada has agreed to
waive its rental charges.
(ii) Requests for waiver or reduction
of charges for the use of Government
property on work for foreign
governments or international
organizations shall be submitted to the
contracting officer, who shall refer the
matter through contracting channels. In
response to these requests, approvals
may be granted only by the Director,
Defense Security Cooperation Agency,
for particular sales that are consistent
with paragraph (1)(i)(C) of this section.
Subparts 245.4 and 245.5
[Removed]
6. Subparts 245.4 and 245.5 are
removed.
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PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.217–7005
[Amended]
7. Section 252.217–7005 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2008)’’; and
b. In paragraph (e)(7) by removing
‘‘(Fixed-Price Contracts)’’.
252.217–7010
[Amended]
8. Section 252.217–7010 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2008)’’; and
b. In paragraph (c)(3) by removing
‘‘(Fixed Price Contracts)’’.
252.242–7004
[Amended]
9. Section 252.242–7004 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2008)’’; and
b. In paragraph (e)(9) introductory
text, in the first sentence, by removing
‘‘Regardless of the provisions of FAR
45.505–3(f)(1)(ii), have’’ and adding in
its place ‘‘Have’’.
252.245–7000
[Amended]
10. Section 252.245–7000 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2008)’’; and
b. In the introductory text by
removing ‘‘245.310–70’’ and adding in
its place ‘‘245.107–70’’.
[FR Doc. E8–22419 Filed 9–23–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 080226310–81205–01]
RIN 0648–AU20
Fisheries of the Exclusive Economic
Zone Off Alaska; Revised Management
Authority for Dark Rockfish in the
Bering Sea and Aleutian Islands
Management Area and the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS issues a proposed rule
that would implement Amendment 73
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to the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area and
Amendment 77 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (collectively,
Amendments 73/77). If approved,
Amendments 73/77 would remove dark
rockfish (Sebastes ciliatus) from both
fishery management plans (FMPs). The
State of Alaska (State) would then
assume management of dark rockfish
catch by State–permitted vessels in the
Bering Sea and Aleutian Islands
Management Area and the Gulf of
Alaska. This action is necessary to allow
the State of Alaska to implement more
responsive, regionally based
management of dark rockfish than is
currently possible under the FMPs. This
action would improve conservation and
management of dark rockfish and is
intended to promote the goals and
objectives of the Magnuson–Stevens
Fishery Conservation and Management
Act, the FMPs, and other applicable
laws.
Comments must be received no
later than November 17, 2008.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by RIN 0648–
AU20, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Copies of Amendments 73/77 and the
Environmental Assessment/Regulatory
Impact Review/Initial Regulatory
DATES:
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]]>Agencies
[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Proposed Rules]
[Pages 55007-55010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22419]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 237, 239, 245, and 252
RIN 0750-AF92
Defense Federal Acquisition Regulation Supplement; Government
Property (DFARS Case 2007-D020)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text addressing management of
Government property in the possession of contractors. The DFARS changes
are consistent with changes made to the Federal Acquisition Regulation
(FAR).
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before November 24, 2008, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2007-D020,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2007-D020 in the subject
line of the message.
Fax: 703-602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr. Mark
Gomersall, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations System,
Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-
3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, 703-602-0302.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule updates and reorganizes DFARS Subparts 245.1,
245.3, 245.4, and 245.5 for consistency with FAR changes addressing
management of Government property in the possession of contractors,
published at 72 FR 27364 on May 15, 2007. Minor related changes are
made in Parts 204, 237, 239, and 252. The following table summarizes
the proposed DFARS changes:
[[Page 55008]]
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Existing DFARS citation Proposed change
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204.7003............................................... Remove ``facilities contracts'' from the list of
contract types, consistent with the removal of
references to facilities contracts from the FAR.
237.7003............................................... Update the reference to the applicable FAR Government
Property clause.
239.7402............................................... Update terminology and FAR references.
245.104................................................ Update and relocate to 245.105.
245.301................................................ (1) Update the definition of ``facilities project'' and
relocate to 245.101.
(2) Relocate the definition of ``mapping, charting, and
geodesy'' to 245.101 without change.
(3) Remove the definition of ``provide,'' since this
term is now defined in FAR 45.101.
(4) Remove the definitions of ``agency-peculiar
property,'' ``industrial plant equipment,'' and
``other plant equipment,'' as they are no longer
considered necessary.
245.302-1(a)........................................... Update and relocate to 245.102.
245.302-1(b) and DD Form 1419.......................... Remove. The specified equipment screening procedures
have become obsolete.
245.302-2 and 245.302-7................................ Remove. The separate procedures for facilities
contracts are no longer necessary.
245.303-2.............................................. Update and relocate to 245.102(3).
245.307-2.............................................. Remove. The corresponding FAR text has been removed.
245.310................................................ Update and relocate to 245.102(2).
245.310-70............................................. Relocate to 245.107-70.
245.401................................................ Update and relocate to 245.301(1).
245.403................................................ Relocate to 245.302(2).
245.405................................................ Update and relocate to 245.302(1) and (3).
245.407................................................ Update and relocate to 245.301. The dollar threshold
for requiring descriptive information on items of
Government property for which a contractor requests
non-Government use is increased from $25,000 to
$100,000. The item unique identification (IUID) number
and the item condition are added to the types of
information to be provided.
Subpart 245.5 and DD Form 1342......................... Remove as unnecessary.
Part 252............................................... Update references and clause titles.
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This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this proposed rule 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 the proposed rule makes no significant change to DoD policy
regarding the management of Government property in the possession of
contractors. Therefore, DoD has not performed an initial regulatory
flexibility analysis. DoD invites comments from small businesses and
other interested parties. DoD also will consider comments from small
entities concerning the affected DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be submitted separately and should
cite DFARS Case 2007-D020.
C. Paperwork Reduction Act
The information collection requirements of DFARS Part 245 have been
approved by the Office of Management and Budget under Control Number
0704-0246.
List of Subjects in 48 CFR Parts 204, 237, 239, 245, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 204, 237, 239, 245,
and 252 as follows:
1. The authority citation for 48 CFR parts 204, 237, 239, 245, and
252 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
2. Section 204.7003 is amended by revising paragraph (a)(3)(v) to
read as follows:
204.7003 Basic PII number.
(a) * * *
(3) * * *
(v) Reserved-E
* * * * *
PART 237--SERVICE CONTRACTING
3. Section 237.7003 is amended by revising paragraph (c) to read as
follows:
237.7003 Solicitation provisions and contract clauses.
* * * * *
(c) Use the clause at FAR 52.245-1, Government Property, with its
Alternate I, in solicitations and contracts that include port of entry
requirements.
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
4. Section 239.7402 is amended by revising paragraphs (b)(3) and
(4) to read as follows:
239.7402 Policy.
* * * * *
(b) * * *
(3) Except as provided in paragraph (b)(4) of this section,
contractors and subcontractors shall normally provide all required
property, to include telecommunications security equipment or related
devices, in accordance with FAR 45.102. In some cases, such as for
communications security (COMSEC) equipment designated as controlled
cryptographic item (CCI), contractors or subcontractors must also meet
ownership eligibility conditions.
(4) When the contractor or subcontractor does not meet ownership
eligibility conditions, the head of the agency may authorize provision
of the necessary property as Government-furnished property or
acquisition as contractor-acquired property, as long as conditions of
FAR 45.102(b) are met.
* * * * *
PART 245--GOVERNMENT PROPERTY
5. Subparts 245.1 and 245.3 are revised to read as follows:
Subpart 245.1--General
Sec.
245.101 Definitions.
245.102 Policy.
[[Page 55009]]
245.105 Contractor's property management system compliance.
245.107-70 Contract clause.
Subpart 245.1--General
245.101 Definitions.
As used in this part--
Facilities project means a Government project to provide,
modernize, or replace real property for use by a contractor in
performing a Government contract or subcontract.
Mapping, charting, and geodesy (MC&G) property is defined in the
clause at 252.245-7000, Government-Furnished Mapping, Charting, and
Geodesy Property.
245.102 Policy.
(1) Facilities projects.
(i) Comply with DoD Directive 4275.5, Acquisition and Management of
Industrial Resources, in processing requests for facilities projects.
Submit the request for approval to--
(A) The Secretary of the military department concerned, or the
director of the defense agency concerned, if the project--
(1) Is a research and development funded effort not exceeding $3
million per fiscal year;
(2) Is funded from procurement appropriations, is approved on a
location basis, and does not exceed $5 million for all property efforts
during one fiscal year; or
(3) Is in support of a major system or subsystem (including
ammunition-related projects) and the total investment will not exceed
$25 million during the projected acquisition or maintenance effort; or
(B) The Deputy Under Secretary of Defense (Industrial Affairs and
Installations) if the project exceeds the limitations in paragraph
(1)(i)(A) of this section.
(ii) Departments and agencies shall submit reports of facilities
projects to the House and Senate Armed Services Committees--
(A) At least 30 days before starting facilities projects involving
real property (10 U.S.C. 2662); and
(B) In advance of starting construction for a facilities project
regardless of cost. Use DD Form 1391, FY----Military Construction
Project Data, to notify congressional committees of projects that are
not included in the annual budget.
(2) Mapping, charting, and geodesy property. All Government-
furnished mapping, charting, and geodesy (MC&G) property is under the
control of the Director, National Geospatial Intelligence Agency.
(i) MC&G property shall not be duplicated, copied, or otherwise
reproduced for purposes other than those necessary for contract
performance.
(ii) Upon completion of contract performance, the contracting
officer shall--
(A) Contact the Director, National Geospatial Intelligence Agency,
4600 Sangamore Road, Bethesda, MD 20816-5003, for disposition
instructions;
(B) Direct the contractor to destroy or return all Government-
furnished MC&G property not consumed during contract performance; and
(C) Specify the destination and means of shipment for property to
be returned to the Government.
(3) Government supply sources. When a contractor will be
responsible for preparing requisitioning documentation to acquire
Government-furnished property from Government supply sources, include
in the contract the requirement to prepare the documentation in
accordance with DoD 4000.25-1-M, Military Standard Requisitioning and
Issue Procedures (MILSTRIP). Copies are available from the address
cited at PGI 251.102.
245.105 Contractor's property management system compliance.
The property administrator shall perform property administration in
accordance with department or agency procedures.
245.107-70 Contract clause.
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.
Subpart 245.3--Authorizing the Use and Rental of Government Property
Sec.
245.301 Use and rental.
245.302 Contracts with foreign governments or international
organizations.
Subpart 245.3--Authorizing the Use and Rental of Government Property
245.301 Use and rental.
(1) Government use, as used in this subpart, includes use on
contracts for foreign military sales. Also see 245.302.
(2) Authorizing non-Government use.
(i) Non-Government use of Government-owned equipment exceeding 25
percent of the total use for Government and commercial work requires
prior approval of the--
(A) Assistant Secretary of the Army (AL&T);
(B) Assistant Secretary of the Navy (RD&A);
(C) Assistant Secretary of the Air Force (Acquisition); or
(D) Director, Defense Logistics Agency.
(ii) The authority in paragraph (2)(i) of this section may be
delegated to the head of a contracting activity. Any redelegation
requires the approval of the Deputy Under Secretary of Defense
(Industrial Affairs and Installations).
(iii) To determine the percentage of non-Government use--
(A) Compute the percentage of non-Government use on time available
for use. Use the contractor's normal work schedule as represented by
the scheduled production shift hours;
(B) Use a base time period that is neither less than three months
nor more than one year; and
(C) Use may be averaged at a single plant for all items costing
less than $25,000.
(iv) Contractors should submit requests for non-Government use of
Government-owned equipment to the contract administration office at
least six weeks before the projected use. The request shall include--
(A) The total number of items of Government equipment requested for
use and the acquisition cost of each item; and
(B) For each item of Government equipment with an acquisition cost
of $100,000 or more, an itemized list including nomenclature, item
unique identification (IUID) number if known, condition, year of
manufacture, and acquisition cost.
(v) Approving officials shall retain for periodic review,
documentation of the circumstances justifying non-Government use of
Government property.
245.302 Contracts with foreign governments or international
organizations.
(1) General.
(i) Approval. A contractor may use Government property on work for
foreign governments and international organizations only when approved
in writing by the contracting officer having cognizance of the
property. The contracting officer shall grant approval only if--
(A) The use will not interfere with foreseeable requirements of the
United States;
(B) The work is undertaken as a DoD foreign military sale; or
(C) For a direct commercial sale, the foreign country or
international organization would be authorized to contract with the
department concerned under the Arms Export Control Act.
(ii) Use charges.
(A) The Use and Charges clause is applicable on direct commercial
sales to
[[Page 55010]]
foreign governments or international organizations.
(B) When a particular foreign government or international
organization has funded the acquisition of specific production and
research property, do not assess the foreign government or
international organization rental charges or nonrecurring recoupments
for the use of such property.
(2) Special tooling and special test equipment.
(i) DoD normally recovers a fair share of nonrecurring costs of
special tooling and special test equipment by including these costs in
its calculation of the nonrecurring cost recoupment charge when major
defense equipment is sold by foreign military sales or direct
commercial sales to foreign governments or international organizations.
``Major defense equipment'' is defined in DoD Directive 2140.2,
Recoupment of Nonrecurring Costs on Sales of U.S. Items, as any item of
significant military equipment on the United States Munitions List
having a nonrecurring research, development, test, and evaluation cost
of more than $50 million or a total production cost of more than $200
million.
(ii) When the cost thresholds in paragraph (2)(i) of this section
are not met, the contracting officer shall assess rental charges for
use of special tooling and special test equipment pursuant to the Use
and Charges clause if administratively practicable.
(3) Waivers.
(i) Rental charges for use of U.S. production and research property
on commercial sales transactions to the Government of Canada are waived
for all commercial contracts. This waiver is based on an understanding
wherein the Government of Canada has agreed to waive its rental
charges.
(ii) Requests for waiver or reduction of charges for the use of
Government property on work for foreign governments or international
organizations shall be submitted to the contracting officer, who shall
refer the matter through contracting channels. In response to these
requests, approvals may be granted only by the Director, Defense
Security Cooperation Agency, for particular sales that are consistent
with paragraph (1)(i)(C) of this section.
Subparts 245.4 and 245.5 [Removed]
6. Subparts 245.4 and 245.5 are removed.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.217-7005 [Amended]
7. Section 252.217-7005 is amended as follows:
a. By revising the clause date to read ``(XXX 2008)''; and
b. In paragraph (e)(7) by removing ``(Fixed-Price Contracts)''.
252.217-7010 [Amended]
8. Section 252.217-7010 is amended as follows:
a. By revising the clause date to read ``(XXX 2008)''; and
b. In paragraph (c)(3) by removing ``(Fixed Price Contracts)''.
252.242-7004 [Amended]
9. Section 252.242-7004 is amended as follows:
a. By revising the clause date to read ``(XXX 2008)''; and
b. In paragraph (e)(9) introductory text, in the first sentence, by
removing ``Regardless of the provisions of FAR 45.505-3(f)(1)(ii),
have'' and adding in its place ``Have''.
252.245-7000 [Amended]
10. Section 252.245-7000 is amended as follows:
a. By revising the clause date to read ``(XXX 2008)''; and
b. In the introductory text by removing ``245.310-70'' and adding
in its place ``245.107-70''.
[FR Doc. E8-22419 Filed 9-23-08; 8:45 am]
BILLING CODE 5001-08-P
