Federal Acquisition Regulation; FAR Case 2008-011; Government Property, 39262-39268 [E9-18799]
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ACTION:
Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Proposed Rules
Proposed rule.
SUMMARY: The Commission has before it
a petition for rulemaking filed by WSYX
Licensee, LLC (‘‘WSYX’’), the licensee
of station WSYX–DT, DTV channel 13,
Columbus, Ohio. WSYX requests the
substitution of DTV channel 48 for
channel 13 at Columbus.
DATES: Comments must be filed on or
before August 21, 2009, and reply
comments on or before August 31, 2009.
ADDRESSES: Federal Communications
Commission, Office of the Secretary,
445 12th Street, SW., Washington, DC
20554. In addition to filing comments
with the FCC, interested parties should
serve counsel for petitioner as follows:
Clifford M. Harrington, Esq., Pillsbury
Winthrop Shaw Pittman LLP, 2300 N
Street, NW., Washington, DC 20037–
1128.
FOR FURTHER INFORMATION CONTACT:
David J. Brown, david.brown@fcc.gov,
Media Bureau, (202) 418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rulemaking, MB Docket No.
09–124, adopted July 13, 2009, and
released July 15, 2009. The full text of
this document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street, SW.,
Washington, DC 20554. This document
will also be available via ECFS (https://
www.fcc.gov/cgb/ecfs/). (Documents
will be available electronically in ASCII,
Word 97, and/or Adobe Acrobat.) This
document may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–478–3160 or via e-mail https://
www.BCPIWEB.com. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
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this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rulemaking is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
Part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.622(i)
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Ohio, is amended by adding DTV
channel 48 and removing DTV channel
12 at Columbus.
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E9–18261 Filed 8–5–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, 15, 32, 42, 45, and
52
[FAR Case 2008–011; Docket 2009–0029;
Sequence 1]
RIN 9000–AL41
Federal Acquisition Regulation; FAR
Case 2008–011; Government Property
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
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Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
revise coverage in regard to Government
property and its associated clauses.
These changes are to add clarity and
correction to the previous FAR rule for
Part 45, Government Property,
published under Federal Acquisition
Circular 2005–17, FAR case 2004–025.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before October 5, 2009
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by FAR case 2008–011 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘FAR
Case 2008–011’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with FAR Case 2008–
011. Follow the instructions provided to
complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘FAR Case 2008–011’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW., Room 4041,
ATTN: Hada Flowers, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAR case 2008–011 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Jeritta A. Parnell, Procurement Analyst,
at (202) 501–4082 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAR case 2008–011.
SUPPLEMENTARY INFORMATION:
A. Background
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council revised Federal
Acquisition Regulation (FAR) contract
property management requirements as a
final rule under Federal Acquisition
Circular 2005–17 (72 FR 27364, May 15,
2007). The new regulation amended,
updated and revised the FAR Part 45,
Government Property, and associated
clauses related to the management and
disposition of Government property in
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the possession of contractors. The final
rule replaced outmoded regulations that
were essentially unchanged for many
years.
After publication of the final rule in
May 2007, DoD received feedback on
the FAR revisions. An Ad Hoc team
comprised of members from DoD, GSA,
and the Defense Contract Management
Agency (DCMA) was formed to review
comments from industry, academia and
Government sources. As a result of the
Ad Hoc team recommendations, FAR
case 2008–011 was established to
address the recommendations.
The proposed changes include the
following:
(1) 2.101 Definitions.
The definitions of ‘‘plant clearance
officer’’ and ‘‘special tooling’’ were
clarified.
(2) 4.705–3 Acquisition and supply
records.
Paragraph (h) ‘‘Property records’’ was
added to the list of acquisition and
supply records.
(3) 15.404–4 Profit.
Language was added to FAR 15.404–
4(a)(3) as follows— ‘‘Unless the
contractor acquired property is a
deliverable under the contract, no profit
or fee shall be permitted on the cost of
the property.’’
(4) 42.302(a)(30) Contract
administration functions.
(A) In paragraph (iii), ‘‘approve use’’
was changed to ‘‘evaluate the use.’’
(B) Paragraph (v) was deleted in its
entirety and replaced with ‘‘modify
contracts to reflect addition of
Government furnished property and
ensure appropriate consideration.’’
(5) 45.101 Definitions.
(A) The definitions of ‘‘cannibalize,’’
‘‘equipment,’’ ‘‘Government furnished
property,’’ ‘‘Government property,’’
‘‘material,’’ and ‘‘real property’’ were
clarified.
(B) The definition of ‘‘property
records’’ was added.
(C) The definition of ‘‘plant
equipment’’ was deleted in its entirety.
(6) 45.102(d) Policy.
Language was added to paragraph (d)
to the effect that property furnished
under contracts for maintenance and
modification as well as property
furnished for repair or overhaul are
exceptions from the requirements of
FAR 45.102(b).
(7) 45.104 Responsibility and liability
for Government property, and 45.105
Contractors’ property management
system compliance.
All references to ‘‘loss, damage,
destruction, or theft’’ are changed to
‘‘loss, theft, damage, or destruction.’’
(8) 45.201 Solicitation.
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(A) Paragraph (a)(4), the term
‘‘unique-item identifier’’ was changed to
‘‘item unique identifier.’’
(B) Paragraph (d) was revised to delete
‘‘when use of property on more than one
contract is anticipated.’’
(9) 45.402 Title to contractoracquired property.
The first sentence of this subsection is
deleted and the second sentence is
modified to include that ‘‘title vests in
the Government for all property ...’’
(10) 45.502 Subcontractor and
alternate prime contractor locations.
(A) Paragraph (a) was revised to delete
existing language and replace with new
language to make clear the need for
prime contractor approval when support
property administration at subcontractor
locations is necessary.
(B) Paragraph (b) was edited to state
that the prime property administrator
shall ‘‘advise the prime contractor of the
results of property management reviews,
including deficiencies found with the
subcontractor’s property management
system.’’
(C) Paragraph (c) was added.
(D) Section title has been changed.
(11) 45.602–3(b) Screening.
Paragraph (b)(3) is revised to correct
the address for the Public Printer.
(12) 45.604–3 Sale of surplus
personal property.
(A) The reference to CFR Part 101–45
is changed to CFR Part 102–38.
(B) Section title has been changed.
(13) 45.606–1 Contractor with an
approved scrap procedure.
Paragraph (b) was reformatted to
separate categories of property requiring
preparation of an inventory disposal
schedule into a new paragraph (c).
Language was added for ‘‘all aircraft
regardless of condition’’ and ‘‘flight
safety critical aircraft parts.’’ In
addition, scrap was revised to include
‘‘economically beneficial to recover’’
precious metals.
(14) 52.232–16, Progress Payments,
and 52.232–32, Performance Based
Payments.
(A) The clause at 52.232–16(d)(2)(ii)
and the clause at 52.232–32(f)(2)(ii) are
revised to delete the language ‘‘under
any other clause of this contract.’’ This
language is no longer necessary.
(B) The clause at 52.232–16(d)(3) and
the clause at 52.232–32(f)(3) are revised
to delete the language ‘‘or special
tooling.’’ This language is no longer
necessary.
(15) Loss, Damage, Theft, or
Destruction.
All references to ‘‘loss, damage,
destruction, or theft’’ are changed to
‘‘loss, theft, damage, or destruction’’ in
the coverage in 32.503–16(a) and
32.1010(a) and the clauses at 52.232–16,
52.232–32 and 52.245–1.
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(16) Clauses.
§ 52.245–1
Government Property.
(A) Definitions at 52.245–1(a) are
changed to be consistent with the
definitions in FAR 45.101.
(B) In paragraph (b)(2), ‘‘sale (as
surplus property), or other’’ disposition
was added.
(C) Paragraph (c) was reformatted and
information regarding modifications or
alterations of Government property was
added to clarify that modifications or
alterations must be reasonable and
necessary due to the scope of work
under this contract or its terms and
conditions, required for normal
maintenance, or otherwise authorized
by the contracting officer. In addition,
language was added to clarify when
cannibalization occurs.
(D) Paragraph (e)(2)(ii) was revised to
clarify title under fixed price contracts.
(E) The term ‘‘material’’ was changed
to ‘‘property’’ in paragraphs (e)(2)(iii)
and (f)(1)(i).
(F) Paragraphs (f)(1)(iii)(A)(4) and
(f)(1)(vi)(B)(4) ‘‘Unique-item’’ identifier
was revised to ‘‘Item unique’’ identifier.
(H) Paragraph (f)(1)(viii)(B), references
to ‘‘property’’ were changed to
‘‘material.’’
(I) Paragraph (g), Systems analysis,
was revised to reflect the coverage in
FAR 45.502 that provides for support
property administration for
subcontractors and prime contractor
alternate locations.
(J) Paragraph (i) deleted the language
‘‘the right to an equitable adjustment
shall be the Contractor’s exclusive
remedy.’’
(K) Paragraph (j)(1)(i)(B) was
reformatted into paragraphs (B) and (C)
to separate categories of property
requiring preparation of an inventory
disposal schedule. Language was added
for ‘‘all aircraft regardless of condition’’
and ‘‘flight safety critical aircraft parts.’’
In addition, scrap was revised to
include ‘‘economically beneficial to
recover’’ precious metals.
(L) Paragraph (j)(3)(iii)(E), the phrase
‘‘in raw or bulk form’’ was added.
(M) Paragraph (j)(3)(iv) was revised to
add a list of items for which additional
descriptive information is required
during disposition.
(N) Paragraph (j)(3)(v) was revised to
delete the language ‘‘describe the
property in sufficient detail to permit an
understanding of its intended use.’’
(O) Paragraph (j)(3)(vi) was added.
(P) Paragraph (j)(7)(ii) was revised to
change ‘‘facility’’ to ‘‘area.’’
(Q) Paragraph (j)(8)(ii) was revised to
add ‘‘unless otherwise directed by the
contracting officer or by the plant
clearance officer the Contractor shall
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remove and destroy any Government
affixed markings...’’
(R) Alternate I, 52.245–1, paragraph
(h)(1) and 52.245–2 (b) were revised to
change the reference from ‘‘loss,
damage, destruction, or theft’’ to ‘‘loss,
theft, damage, or destruction.’’
52.245–9
Use and Charges.
The clause at 52.245–9 was revised to
delete definitions contained in 52.245–
1 and to include language that
definitions applicable to this contract
are provided in the clause at 52.245–1.
52.245–9 may only be used when
52.245–1 is included in the contract.
52.251–1
Government Supply Sources.
The clause at 52.251–1 was revised to
update the reference to the clause at
52.245–1.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
Dated: July 30, 2009.
Al Matera,
Director, Office of Acquisition Policy.
PART 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 2, 4, 15,
32, 42, 45, and 52 as set forth below:
1. The authority citation for 48 CFR
parts 2, 4, 15, 32, 42, 45, and 52
continues to read as follows:
7. Amend section 42.302 by revising
paragraphs (a)(30)(iii) and (a)(30)(v) to
read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 2—DEFINITIONS OF WORDS
AND TERMS
2.101
[Amended]
2. Amend section 2.101, in paragraph
(b)(2), by removing from the definition
‘‘Plant clearance officer’’ the words
‘‘contractor-operator plants, and Federal
installations’’ and adding ‘‘contractoroperator plants, Federal installations
and Federal and non-Federal industrial
operations’’, in its place; and removing
from the definition ‘‘Special tooling’’
the words ‘‘test equipment, and’’ and
adding ‘‘tooling, and’’ in its place.
B. Regulatory Flexibility Act
PART 4—ADMINISTRATIVE MATTERS
The Councils do 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
rule does not impose any additional
requirements on small businesses. The
rule does not affect the method of
managing Government property. The
rule merely clarifies and corrects the
previous FAR rule.
An Initial Regulatory Flexibility
Analysis has, therefore, not been
performed. We invite comments from
small businesses and other interested
parties. The Councils will consider
comments from small entities
concerning the affected FAR Parts 2, 4,
15, 42, 45, and 52 in accordance with
5 U.S.C. 610. Interested parties must
submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAR
case 2008–011), in correspondence.
3. Amend section 4.705–3 by adding
paragraph (h) to read as follows:
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The Paperwork Reduction Act does
not apply because the proposed changes
to the FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. Chapter 35,
et seq.
List of Subjects in 48 CFR Parts 2, 4, 15,
32, 42, 45, and 52
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Acquisition and supply records.
*
*
*
*
*
(h) Property records (see 45.101 and
52.245–1): Retain 4 years.
PART 15—CONTRACTING BY
NEGOTIATION
15.404–4
Profit.
(a) * * *
(3) * * * Unless the contractor
acquired property is a deliverable under
the contract, no profit or fee shall be
permitted on the cost of the property.
*
*
*
*
*
PART 32—CONTRACT FINANCING
[Amended]
5. Amend section 32.503–16 by
removing from paragraph (a) ‘‘loss, theft,
destruction, or damage to’’ and adding
‘‘lost, stolen, damaged, or destroyed’’ in
its place.
32.1010
[Amended]
6. Amend section 32.1010 by
removing from paragraph (a) ‘‘loss, theft,
destruction, or damage to’’ and adding
‘‘lost, stolen, damaged, or destroyed’’ in
its place.
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Contract administration functions.
(a) * * *
(30) * * *
(iii) Evaluate the use of Government
property on a non-interference basis in
accordance with the clause at 52.245–9,
Use and Charges;
*
*
*
*
*
(v) Modify contracts to reflect
addition of Government furnished
property and ensure appropriate
consideration.
*
*
*
*
*
PART 45—GOVERNMENT PROPERTY
8. Amend section 45.101 by—
a. Revising the definitions
‘‘Cannibalize’’, ‘‘Equipment’’,
‘‘Government-furnished property’’, and
‘‘Government property’’;
b. Removing from the definition
‘‘Material’’ the words ‘‘test equipment’’
and adding ‘‘test equipment or real
property’’ in its place;
c. Removing the definition ‘‘Plant
equipment’’;
d. Adding the definition ‘‘Property
records’’; and
e. Revising the definition ‘‘Real
property.
The revised and added text reads as
follows:
45.101
4. Amend section 15.404–4 by adding
a sentence to the end of paragraph (a)(3)
to read as follows:
32.503–16
C. Paperwork Reduction Act
Government procurement.
4.705–3
42.302
Definitions.
*
*
*
*
*
Cannibalize means to remove parts
from equipment, special tooling or
special test equipment in order to install
them on other property.
*
*
*
*
*
Equipment means a tangible item that
is functionally complete for its intended
purpose, durable, nonexpendable, and
needed for the performance of a
contract. Equipment is not intended for
sale, and does not ordinarily lose its
identity or become a component part of
another article when put into use.
Equipment does not include material or
real property.
Government-furnished property
means property in the possession of, or
directly acquired by, the Government
and subsequently furnished to the
contractor for performance of a contract.
Government-furnished property
includes spares and property furnished
for repair, maintenance, overhaul, or
modification.
Government property means all
property owned or leased by the
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Government. Government property
includes both Government-furnished
property and contractor-acquired
property. Government property includes
material, equipment, special tooling,
special test equipment, and real
property. Government property does not
include intellectual property, and
software.
*
*
*
*
*
Property records means the records
created and maintained by the
contractor in support of its stewardship
responsibilities for the management of
Government property.
*
*
*
*
*
Real property. See Federal
Management Regulation 102–71.20 (41
CFR 102–71.20.)
*
*
*
*
*
9. Amend section 45.102 by revising
paragraph (d) to read as follows:
45.102
Policy.
*
*
*
*
*
(d) Exception. Property provided
under contracts for repair, maintenance,
overhaul, or modification is not subject
to the requirements of paragraph (b) of
this section.
10. Amend section 45.104 by revising
the introductory text of paragraph (a) to
read as follows:
45.104 Responsibility and liability for
Government property.
(a) Generally, contractors are not held
liable for loss, theft, damage, or
destruction of Government property
under the following types of contracts:
*
*
*
*
*
11. Amend section 45.105 by revising
paragraph (b)(1); and removing from
paragraph (d) ‘‘damage, destruction, or
theft’’ and adding ‘‘theft, damage, or
destruction’’ in its place. The revised
text reads as follows:
45.105 Contractors’ property management
system compliance.
*
*
*
*
*
(b) * * *
(1) Revocation of the Government’s
assumption of risk for loss, theft,
damage, or destruction; and/or
*
*
*
*
*
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45.201
[Amended]
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(a) Title vests in the Government for
all property acquired or fabricated by
the Contractor in accordance with the
financing provisions or other specific
requirements for passage of title in the
contract. Under fixed price type
contracts, in the absence of financing
provisions or other specific
requirements for passage of title in the
contract, the Contractor retains title to
all property acquired by the Contractor
for use on the contract, except for
property identified as a deliverable end
item. If a deliverable item is to be
retained by the Contractor for use after
inspection and acceptance by the
Government, it shall be made
accountable to the contract through a
contract modification listing the item as
Government-furnished property.
*
*
*
*
*
14. Revise section 45.502 to read as
follows:
45.502 Subcontractor and alternate prime
contractor locations.
(a) To ensure subcontractor
compliance with Government property
administration requirements, and with
prime contractor consent, the property
administrator assigned to the prime
contract may request support property
administration from another contract
administration office. If the prime
contractor does not provide consent to
support property administration at
subcontractor locations, the property
administrator shall refer the matter to
the contracting officer for resolution.
(b) The prime property administrator
shall accept the findings of the
delegated support property
administrator and advise the prime
contractor of the results of property
management reviews, including
deficiencies found with the
subcontractor’s property management
system.
(c) Prime contractor consent is not
required for support delegations
involving prime contractor alternate
locations.
45.602–3
12. Amend section 45.201 by
removing from paragraph (a)(4)
‘‘Unique-item’’ and adding ‘‘Item
unique’’ in its place; and removing from
paragraph (d) ‘‘When use of property on
more than one contract is anticipated,
any’’ and adding ‘‘Any’’ in its place.
13. Amend section 45.402 by revising
paragraph (a) to read as follows:
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45.402 Title to contractor-acquired
property.
[Amended]
15. Amend section 45.602–3 by
removing from paragraph (b)(3) ‘‘North
Capitol and H Streets’’ and adding ‘‘732
North Capitol Street’’ in its place.
16. Revise section 45.604–3 to read as
follows:
45.604–3 Sale of surplus personal
property.
Policy for the sale of surplus personal
property is contained in the Federal
Management Regulations, at Part 102–38
(41 CFR Part 102–38). Agencies may
specify implementing procedures.
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17. Amend section 45.606–1 by
revising paragraph (b) and adding
paragraph (c) to read as follows:
45.606–1 Contractor with an approved
scrap procedure.
*
*
*
*
*
(b) For scrap from other than
production or testing, the contractor
may prepare scrap lists in lieu of
inventory disposal schedules (provided
such lists are consistent with the
approved scrap procedures).
(c) Inventory disposal schedules shall
be submitted for all aircraft regardless of
condition, flight safety critical aircraft
parts, and scrap that—
(1) Requires demilitarization;
(2) Is a classified item;
(3) Is generated from classified items;
(4) Contains hazardous materials or
hazardous wastes;
(5) Contains precious metals that are
economically beneficial to recover; or
(6) Is dangerous to the public health,
safety, or welfare.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.232–16
[Amended]
18. Amend section 52.232–16 by—
a. Removing from the clause heading
‘‘(JUL 2009)’’ and adding ‘‘(DATE)’’ in
its place;
b. Removing from paragraph (d)(2)(ii)
‘‘under any other clause of this
contract’’;
c. Removing from paragraph (d)(3) ‘‘or
special tooling’’; and
d. Removing from paragraph (e) ‘‘is
damaged, lost, stolen, or’’ and adding
‘‘is lost, stolen, damaged, or’’ in its
place.
52.232–32
[Amended]
19. Amend section 52.232–32 by—
a. Removing from the clause heading
‘‘(JAN 2008)’’ and adding ‘‘(DATE)’’ in
its place;
b. Removing from paragraph (f)(2)(ii)
‘‘under any other clause of this
contract’’;
c. Removing from paragraph (f)(3) ‘‘or
special tooling’’; and
d. Removing from paragraph (g) ‘‘is
damaged, lost, stolen, or’’ and adding
‘‘is lost, stolen, damaged, or’’ in its
place.
20. Amend section 52.245–1 by—
a. Revising the date of the clause;
b. In paragraph (a) by—
1. Revising the definition
‘‘Cannibalize’’;
2. Removing from the definition
‘‘Equipment’’ the word ‘‘asset’’ and
adding the word ‘‘item’’ in its place; and
adding a sentence to the end of the
definition;
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3. Adding a sentence to the end of the
definition ‘‘Government-furnished
property’’;
4. Adding a sentence to the end of the
definition ‘‘Government property’’;
5. Adding the words ‘‘or real
property’’ to the end of the definition
‘‘Material’’;
6. Removing the definition ‘‘Plant
equipment’’;
7. Adding, in alphabetical order, the
definition ‘‘Property records’’; and
8. Revising the definition ‘‘Real
property’’;
c. Revising the first sentence of
paragraph (b)(2), (c), and (e)(2)(ii);
d. Removing from paragraphs
(e)(2)(iii) and (f)(1)(i) the word
‘‘material’’ and adding the word
‘‘property’’ wherever it occurs (8 times);
e. Removing from paragraph
(f)(1)(iii)(A)(4) the word ‘‘Unique-item’’
and adding the words ‘‘Item unique’’ in
its place;
f. Revising paragraph (f)(1)(v)(A),
introductory text of paragraph (f)(1)(vi),
paragraphs (f)(1)(vi)(A), (f)(1)(vi)(B)(4),
(f)(1)(vi)(B)(10), (f)(1)(vii)(A),
(f)(1)(viii)(B), (f)(1)(x), (g), introductory
text of paragraph (h)(1), the first
sentence of paragraph (h)(1)(ii),
(h)(1)(iii), the first sentence of paragraph
(h)(2), paragraph (h)(3), the second
sentence of paragraph (i), and paragraph
(j)(1)(i)(B);
h. Add paragraph (j)(1)(i)(C);
i. Revise paragraphs (j)(3)(iii)(E), and
(j)(3)(iv);
g. Add paragraphs (j)(3)(v), and
(j)(3)(vi);
j. Remove from paragraph (j)(7)(ii) the
word ‘‘facility’’ and add the word ‘‘area’’
in its place;
k. Revise paragraph (j)(8)(ii);
l. In Alternate I, revise the date of the
alternate, and the first sentence of
paragraph (h)(1).
The added and revised text reads as
follows:
52.245–1
*
*
Government Property.
*
*
*
GOVERNMENT PROPERTY (DATE)
(a) * * *
*
*
*
*
Cannibalize means to remove parts
from equipment, special tooling or
special test equipment in order to install
them on other property.
*
*
*
*
*
Equipment * * * Equipment does not
include material or real property.
Government-furnished property * * *
Government-furnished property
includes spares and property furnished
for repair, maintenance, overhaul, or
modification.
Government property * * *
Government property includes material,
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*
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15:55 Aug 05, 2009
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equipment, special tooling, special test
equipment, and real property.
Government property does not include
intellectual property, and software.
*
*
*
*
*
Property records means the records
created and maintained by the
contractor in support of its stewardship
responsibilities for the management of
Government property.
*
*
*
*
*
Real property. See Federal
Management Regulation 102–71.20 (41
CFR 102–71.20).
*
*
*
*
*
(b) * * *
(2) The Contractor’s responsibility
extends from the initial acquisition and
receipt of property, through
stewardship, custody, and use until
formally relieved of responsibility by
authorized means, including delivery,
consumption, expending, sale (as
surplus property), or other disposition,
or via a completed investigation,
evaluation, and final determination for
lost, stolen, damaged, or destroyed
property. * * *
*
*
*
*
*
(c) Use of Government property. (1)
The Contractor shall use Government
property, either furnished or acquired
under this contract, only for performing
this contract, unless otherwise provided
for in this contract or approved by the
Contracting Officer.
(2) Modifications or alterations of
Government property are prohibited,
unless they are—
(i) Reasonable and necessary due to
the scope of work under this contract or
its terms and conditions;
(ii) Required for normal maintenance;
or
(iii) Otherwise authorized by the
Contracting Officer.
(3) The Contractor shall not
cannibalize Government property unless
otherwise provided for in this contract
or approved by the Contracting Officer.
*
*
*
*
*
(e) * * *
(2) * * *
(ii) Title vests in the Government for
all property acquired or fabricated by
the Contractor in accordance with the
financing provisions or other specific
requirements for passage of title in the
contract. Under fixed price type
contracts, in the absence of financing
provisions or other specific
requirements for passage of title in the
contract, the Contractor retains title to
all property acquired by the Contractor
for use on the contract, except for
property identified as a deliverable end
item. If a deliverable item is to be
retained by the Contractor for use after
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Fmt 4702
Sfmt 4702
inspection and acceptance by the
Government, it shall be made
accountable to the contract through a
contract modification listing the item as
Government-furnished property.
*
*
*
*
*
(f) * * *
(1) * * *
(v) * * *
(A) The Contractor shall award
subcontracts that clearly identify assets
to be provided and shall ensure
appropriate flow down of contract terms
and conditions (e.g., extent of liability
for loss, theft, damage, or destruction of
Government property).
*
*
*
*
*
(vi) Reports. The Contractor shall
have a process to create and provide
reports of discrepancies; loss, theft,
damage, or destruction; physical
inventory results; audits and selfassessments; corrective actions; and
other property related reports as
directed by the Contracting Officer.
(A) Loss, theft, damage, or
destruction. Unless otherwise directed
by the Property Administrator, the
Contractor shall investigate and
promptly furnish a written narrative of
all incidents of loss, theft, damage, or
destruction to the property
administrator as soon as the facts
become known or when requested by
the Government.
(B) * * *
(4) Item unique Item Identifier (if
available).
*
*
*
*
*
(10) A statement that the Government
will receive any reimbursement
covering the loss, theft, damage, or
destruction in the event the Contractor
was or will be reimbursed or
compensated.
*
*
*
*
*
(vii) * * *
(A) Consumed or expended,
reasonably and properly, or otherwise
accounted for, in the performance of the
contract, including reasonable inventory
adjustments of material as determined
by the Property Administrator; or a
Property Administrator granted relief of
responsibility for loss, theft, damage, or
destruction of Government property;
*
*
*
*
*
(viii) * * *
(B) Unless otherwise authorized in
this contract or by the Property
Administrator the Contractor shall not
commingle Government material with
material not owned by the Government.
*
*
*
*
*
(x) Property closeout. The Contractor
shall promptly perform and report to the
Property Administrator contract
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property closeout, to include reporting,
investigating and securing closure of all
loss, theft, damage, or destruction cases;
physically inventorying all property
upon termination or completion of this
contract; and disposing of items at the
time they are determined to be excess to
contractual needs.
*
*
*
*
*
(g) Systems analysis. (1) The
Government shall have access to the
Contractor’s premises and all
Government property, at reasonable
times, for the purposes of reviewing,
inspecting and evaluating the
Contractor’s property management plan,
systems, procedures, records, and
supporting documentation that pertains
to Government property. This access
includes all site locations and, with the
Contractor’s consent, all subcontractor
premises.
(2) Records of Government property
shall be readily available to authorized
Government personnel and shall be
appropriately safeguarded.
(3) Should it be determined by the
Government that the Contractor’s (or
subcontractor’s) property management
practices are inadequate or not
acceptable for the effective management
and control of Government property
under this contract, or present an undue
risk to the Government, the Contractor
shall immediately take all necessary
corrective actions as directed by the
Property Administrator.
*
*
*
*
*
(h) * * *
(1) Unless otherwise provided for in
the contract, the Contractor shall not be
liable for loss, theft, damage, or
destruction to the Government property
furnished or acquired under this
contract, except when any one of the
following applies—
*
*
*
*
*
(ii) The loss, theft, damage, or
destruction is the result of willful
misconduct or lack of good faith on the
part of the Contractor’s managerial
personnel. * * *
(iii) The Contracting Officer has, in
writing, revoked the Government’s
assumption of risk for loss, theft,
damage, or destruction, due to a
determination under paragraph (g) of
this clause that the Contractor’s
property management practices are
inadequate, and/or present an undue
risk to the Government, and the
Contractor failed to take timely
corrective action. If the Contractor can
establish by clear and convincing
evidence that the loss, theft, damage, or
destruction of Government property
occurred while the Contractor had
adequate property management
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15:55 Aug 05, 2009
Jkt 217001
practices or the loss, theft, damage, or
destruction of Government property did
not result from the Contractor’s failure
to maintain adequate property
management practices, the Contractor
shall not be held liable.
(2) The Contractor shall take all
reasonable actions necessary to protect
the Government property from further
loss, theft, damage, or destruction. * *
*
(3) The Contractor shall do nothing to
prejudice the Government’s rights to
recover against third parties for any loss,
theft, damage, or destruction of
Government property.
*
*
*
*
*
(i) Equitable adjustment. * * *
However, the Government shall not be
liable for breach of contract for the
following:
*
*
*
*
*
(j) * * *
(1) * * *
(i) * * *
(B) For scrap from other than
production or testing the Contractor
may prepare scrap lists in lieu of
inventory disposal schedules (provided
such lists are consistent with the
approved scrap procedures.)
(C) Inventory disposal schedules shall
be submitted for all aircraft regardless of
condition, flight safety critical aircraft
parts, and scrap that—
(1) Requires demilitarization;
(2) Is a classified item;
(3) Is generated from classified items;
(4) Contains hazardous materials or
hazardous wastes;
(5) Contains precious metals that are
economically beneficial to recover; or
(6) Is dangerous to the public health,
safety, or welfare.
*
*
*
*
*
(3) * * *
(iii) * * *
(E) Precious metals in raw or bulk
form;
*
*
*
*
*
(iv) The Contractor shall provide the
information required by 52.245–
1(f)(1)(iii) along with the following:
(A) For special tooling and special test
equipment, identify each part number
with which the item is used.
(B) For work-in-progress, the
estimated percentage of completion.
(C) For precious metals, the type of
metal and estimated weight.
(D) For hazardous material or
property contaminated with hazardous
material, the type of hazardous material.
(E) For metals in mill product form,
the form, shape, treatment, hardness,
temper, specification (commercial or
Government) and dimensions
(thickness, width and length.)
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
39267
(F) Any additional information that
may facilitate understanding of the
property’s intended use.
(v) Property with the same
description, condition code, and
reporting location may be grouped in a
single line item.
(vi) Scrap should be reported by ‘‘lot’’
along with metal content, estimated
weight and estimated value.
*
*
*
*
*
(8) * * *
(ii) The Contractor shall prepare for
shipment, deliver f.o.b. origin, or
dispose of Contractor inventory as
directed by the Plant Clearance Officer.
Unless otherwise directed by the
Contracting Officer or by the Plant
Clearance Officer, the Contractor shall
remove and destroy any Government
affixed markings identifying the
property as U.S. Government-owned
property prior to its disposal.
*
*
*
*
*
Alternate I (Date). * * *
(h)(1) The Contractor assumes the risk of,
and shall be responsible for, any loss, theft,
damage, or destruction of Government
property upon its delivery to the Contractor
as Government-furnished property. * * *
*
*
*
*
*
20. Amend section 52.245–2 by
revising the date of the clause, and the
first two sentences of paragraph (b) to
read as follows:
52.245–2 Government Property Installation
Operation Services.
*
*
*
*
*
GOVERNMENT PROPERTY INSTALLATION
OPERATION SERVICES (DATE)
*
*
*
*
*
(b) The Government bears no
responsibility for repair or replacement
of any loss, theft, damage, or destruction
of Government property. If any or all of
the Government property is lost, stolen,
damaged, or destroyed or becomes no
longer usable, the Contractor shall be
responsible for replacement of the
property at Contractor expense. * * *
*
*
*
*
*
21. Amend section 52.245–9 by
revising the date of the clause, and the
introductory text of paragraph (a); and
removing the definitions ‘‘Acquisition
cost’’, ‘‘Government property’’, ‘‘Plant
equipment’’, and ‘‘Real property’’. The
revised text reads as follows:
52.245–9
*
*
Use and Charges.
*
*
*
USE AND CHARGES (DATE)
(a) Definitions. Definitions applicable
to this contract are provided in the
clause at 52.245–1, Government
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Property. Additional definitions as used
in this clause include:
*
*
*
*
*
23. Amend section 52.251–1 by
revising the date of the clause, and the
last sentence of the clause to read as
follows:
52.251–1
*
*
Government Supply Sources.
*
*
*
GOVERNMENT SUPPLY SOURCES (DATE)
* * * The provisions of the clause
entitled ‘‘Government Property,’’ at
52.245–1, shall apply to all property
acquired under such authorization.
(End of clause)
[FR Doc. E9–18799 Filed 8–5–09; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket
FWS-R1-ES-2009-0043; Division of
Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N.
Fairfax Drive, Suite 222; Arlington, VA
22203.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Solicited section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Jeffery L. Foss, State Supervisor, U.S.
Fish and Wildlife Service, Idaho Fish
and Wildlife Office, 1387 S. Vinnell
Way, Room 368, Boise, ID 83709; 208378-5243; facsimile at 208-378-5262.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
50 CFR Part 17
Background
[Docket No. FWS-R1-ES-2009-0043]
[ MO 9221050083]
On June 15, 2006, we received a
petition from the Western Watersheds
Project requesting we list the population
of mountain whitefish in the Big Lost
River, Idaho, as a species, subspecies, or
distinct population segment (DPS). The
petitioner also requested that we
designate critical habitat. On October
23, 2007, we published our 90–day
finding (72 FR 59983), which found the
petition failed to provide substantial
information indicating that listing
mountain whitefish in the Big Lost
River may be warranted. This finding
was based on a lack of information
demonstrating the Big Lost River
mountain whitefish may be a listable
entity under the Act. For more
information on the biology, habitat, and
range of the mountain whitefish in the
Big Lost River, please refer to our 90–
day finding (72 FR 59983) published in
the Federal Register on October 23,
2007.
On January 25, 2008, the Western
Watersheds Project filed a complaint
challenging our negative 90–day
finding. On March 31, 2009, United
States District Court (Western
Watershed Project vs. Dirk Kempthorne,
et al., (Case No. CV07-409-S-EJL)) found
the Service had considered information
beyond the material in the petition such
that the Service had effectively begun to
conduct a status review. The Court
directed the Service to proceed directly
to a status review of the species and
issue a 12–month finding by March 31,
2010.
Section 4(b)(3)(B) of the Act (16
U.S.C. 1531 et seq.), requires a 12–
month finding to announce whether the
Endangered and Threatened Wildlife
and Plants; Initiation of Status Review
for Mountain Whitefish (Prosopium
williamsoni) in the Big Lost River,
Idaho
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice; initiation of status
review and solicitation of new
information.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
initiation of a status review for
mountain whitefish (Prosopium
williamsoni) in the Big Lost River,
Idaho. The status review will help us
determine whether this population
warrants listing as threatened or
endangered under the Endangered
Species Act of 1973, as amended (Act).
At the conclusion of the review, we will
issue a 12–month finding on our
determination as to whether listing is
warranted. If listing is warranted, we
will also determine whether or not to
propose critical habitat for mountain
whitefish in the Big Lost River.
DATES: To allow us adequate time to
conduct this review, we request that you
send us information on or before
September 8, 2009.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for Docket
FWS-R1-ES-2009-0043 and then follow
the instructions for submitting
comments.
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15:55 Aug 05, 2009
Jkt 217001
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Frm 00039
Fmt 4702
Sfmt 4702
petitioned actions is: (a) Not warranted,
(b) warranted, or (c) warranted, but
immediate proposal of a regulation
implementing the petitioned action is
precluded by other pending proposals to
determine whether species are
endangered or threatened, and
expeditious progress is being made to
add or remove qualified species from
the Lists of Endangered and Threatened
Wildlife and Plants. Section 4(b)(3)(C) of
the Act requires that we treat a petition
for which the requested action is found
to be warranted but precluded as though
resubmitted on the date of such finding,
that is, requiring a subsequent finding to
be made within 12 months. We must
publish these 12–month findings in the
Federal Register.
To help inform our status review, we
are soliciting new information on the
status of, and potential threats to,
mountain whitefish, in particular the
population in the Big Lost River. We
will base our determination as to
whether listing is warranted on a review
of the best scientific and commercial
data available, including all such
information received as a result of this
notice.
Information Solicited
To ensure that the status review is
complete and based on the best
available scientific and commercial
information, we are soliciting
information concerning the status of the
mountain whitefish. We will use the
information gained during this process
to evaluate, as appropriate, whether:
• The population of mountain
whitefish in the Big Lost River is a
species, subspecies, or a DPS (as
described in our Policy Regarding the
Recognition of Distinct Vertebrate
Population Segments under the
Endangered Species Act (DPS Policy; 61
FR 4722; February 7, 1996)), and
• Listing of that entity as threatened or
endangered is warranted under the
Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.).
We request information from other
concerned governmental agencies,
Native American Tribes, the scientific
community, industry, and any other
interested parties on the status of
mountain whitefish throughout its
range. We are seeking information
regarding:
(1) The historical and current status
and distribution of the mountain
whitefish, its population trend,
taxonomy, genetics, biology, ecology,
and habitat selection.
(2) Ongoing conservation measures for
the species and its habitat.
E:\FR\FM\06AUP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Proposed Rules]
[Pages 39262-39268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18799]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 15, 32, 42, 45, and 52
[FAR Case 2008-011; Docket 2009-0029; Sequence 1]
RIN 9000-AL41
Federal Acquisition Regulation; FAR Case 2008-011; Government
Property
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to revise coverage in regard to
Government property and its associated clauses. These changes are to
add clarity and correction to the previous FAR rule for Part 45,
Government Property, published under Federal Acquisition Circular 2005-
17, FAR case 2004-025.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before October 5, 2009 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2008-011 by any of
the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``FAR Case 2008-011'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
FAR Case 2008-011. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``FAR Case 2008-011'' on your attached
document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2008-
011 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Jeritta A. Parnell, Procurement
Analyst, at (202) 501-4082 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2008-
011.
SUPPLEMENTARY INFORMATION:
A. Background
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council revised Federal Acquisition Regulation (FAR)
contract property management requirements as a final rule under Federal
Acquisition Circular 2005-17 (72 FR 27364, May 15, 2007). The new
regulation amended, updated and revised the FAR Part 45, Government
Property, and associated clauses related to the management and
disposition of Government property in
[[Page 39263]]
the possession of contractors. The final rule replaced outmoded
regulations that were essentially unchanged for many years.
After publication of the final rule in May 2007, DoD received
feedback on the FAR revisions. An Ad Hoc team comprised of members from
DoD, GSA, and the Defense Contract Management Agency (DCMA) was formed
to review comments from industry, academia and Government sources. As a
result of the Ad Hoc team recommendations, FAR case 2008-011 was
established to address the recommendations.
The proposed changes include the following:
(1) 2.101 Definitions.
The definitions of ``plant clearance officer'' and ``special
tooling'' were clarified.
(2) 4.705-3 Acquisition and supply records.
Paragraph (h) ``Property records'' was added to the list of
acquisition and supply records.
(3) 15.404-4 Profit.
Language was added to FAR 15.404-4(a)(3) as follows-- ``Unless the
contractor acquired property is a deliverable under the contract, no
profit or fee shall be permitted on the cost of the property.''
(4) 42.302(a)(30) Contract administration functions.
(A) In paragraph (iii), ``approve use'' was changed to ``evaluate
the use.''
(B) Paragraph (v) was deleted in its entirety and replaced with
``modify contracts to reflect addition of Government furnished property
and ensure appropriate consideration.''
(5) 45.101 Definitions.
(A) The definitions of ``cannibalize,'' ``equipment,'' ``Government
furnished property,'' ``Government property,'' ``material,'' and ``real
property'' were clarified.
(B) The definition of ``property records'' was added.
(C) The definition of ``plant equipment'' was deleted in its
entirety.
(6) 45.102(d) Policy.
Language was added to paragraph (d) to the effect that property
furnished under contracts for maintenance and modification as well as
property furnished for repair or overhaul are exceptions from the
requirements of FAR 45.102(b).
(7) 45.104 Responsibility and liability for Government property,
and 45.105 Contractors' property management system compliance.
All references to ``loss, damage, destruction, or theft'' are
changed to ``loss, theft, damage, or destruction.''
(8) 45.201 Solicitation.
(A) Paragraph (a)(4), the term ``unique-item identifier'' was
changed to ``item unique identifier.''
(B) Paragraph (d) was revised to delete ``when use of property on
more than one contract is anticipated.''
(9) 45.402 Title to contractor-acquired property.
The first sentence of this subsection is deleted and the second
sentence is modified to include that ``title vests in the Government
for all property ...''
(10) 45.502 Subcontractor and alternate prime contractor locations.
(A) Paragraph (a) was revised to delete existing language and
replace with new language to make clear the need for prime contractor
approval when support property administration at subcontractor
locations is necessary.
(B) Paragraph (b) was edited to state that the prime property
administrator shall ``advise the prime contractor of the results of
property management reviews, including deficiencies found with the
subcontractor's property management system.''
(C) Paragraph (c) was added.
(D) Section title has been changed.
(11) 45.602-3(b) Screening.
Paragraph (b)(3) is revised to correct the address for the Public
Printer.
(12) 45.604-3 Sale of surplus personal property.
(A) The reference to CFR Part 101-45 is changed to CFR Part 102-38.
(B) Section title has been changed.
(13) 45.606-1 Contractor with an approved scrap procedure.
Paragraph (b) was reformatted to separate categories of property
requiring preparation of an inventory disposal schedule into a new
paragraph (c). Language was added for ``all aircraft regardless of
condition'' and ``flight safety critical aircraft parts.'' In addition,
scrap was revised to include ``economically beneficial to recover''
precious metals.
(14) 52.232-16, Progress Payments, and 52.232-32, Performance Based
Payments.
(A) The clause at 52.232-16(d)(2)(ii) and the clause at 52.232-
32(f)(2)(ii) are revised to delete the language ``under any other
clause of this contract.'' This language is no longer necessary.
(B) The clause at 52.232-16(d)(3) and the clause at 52.232-32(f)(3)
are revised to delete the language ``or special tooling.'' This
language is no longer necessary.
(15) Loss, Damage, Theft, or Destruction.
All references to ``loss, damage, destruction, or theft'' are
changed to ``loss, theft, damage, or destruction'' in the coverage in
32.503-16(a) and 32.1010(a) and the clauses at 52.232-16, 52.232-32 and
52.245-1.
(16) Clauses.
Sec. 52.245-1 Government Property.
(A) Definitions at 52.245-1(a) are changed to be consistent with
the definitions in FAR 45.101.
(B) In paragraph (b)(2), ``sale (as surplus property), or other''
disposition was added.
(C) Paragraph (c) was reformatted and information regarding
modifications or alterations of Government property was added to
clarify that modifications or alterations must be reasonable and
necessary due to the scope of work under this contract or its terms and
conditions, required for normal maintenance, or otherwise authorized by
the contracting officer. In addition, language was added to clarify
when cannibalization occurs.
(D) Paragraph (e)(2)(ii) was revised to clarify title under fixed
price contracts.
(E) The term ``material'' was changed to ``property'' in
paragraphs (e)(2)(iii) and (f)(1)(i).
(F) Paragraphs (f)(1)(iii)(A)(4) and (f)(1)(vi)(B)(4) ``Unique-
item'' identifier was revised to ``Item unique'' identifier.
(H) Paragraph (f)(1)(viii)(B), references to ``property'' were
changed to ``material.''
(I) Paragraph (g), Systems analysis, was revised to reflect the
coverage in FAR 45.502 that provides for support property
administration for subcontractors and prime contractor alternate
locations.
(J) Paragraph (i) deleted the language ``the right to an equitable
adjustment shall be the Contractor's exclusive remedy.''
(K) Paragraph (j)(1)(i)(B) was reformatted into paragraphs (B) and
(C) to separate categories of property requiring preparation of an
inventory disposal schedule. Language was added for ``all aircraft
regardless of condition'' and ``flight safety critical aircraft
parts.'' In addition, scrap was revised to include ``economically
beneficial to recover'' precious metals.
(L) Paragraph (j)(3)(iii)(E), the phrase ``in raw or bulk form''
was added.
(M) Paragraph (j)(3)(iv) was revised to add a list of items for
which additional descriptive information is required during
disposition.
(N) Paragraph (j)(3)(v) was revised to delete the language
``describe the property in sufficient detail to permit an understanding
of its intended use.''
(O) Paragraph (j)(3)(vi) was added.
(P) Paragraph (j)(7)(ii) was revised to change ``facility'' to
``area.''
(Q) Paragraph (j)(8)(ii) was revised to add ``unless otherwise
directed by the contracting officer or by the plant clearance officer
the Contractor shall
[[Page 39264]]
remove and destroy any Government affixed markings...''
(R) Alternate I, 52.245-1, paragraph (h)(1) and 52.245-2 (b) were
revised to change the reference from ``loss, damage, destruction, or
theft'' to ``loss, theft, damage, or destruction.''
52.245-9 Use and Charges.
The clause at 52.245-9 was revised to delete definitions contained
in 52.245-1 and to include language that definitions applicable to this
contract are provided in the clause at 52.245-1. 52.245-9 may only be
used when 52.245-1 is included in the contract.
52.251-1 Government Supply Sources.
The clause at 52.251-1 was revised to update the reference to the
clause at 52.245-1.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do 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 rule does not impose any additional requirements on small
businesses. The rule does not affect the method of managing Government
property. The rule merely clarifies and corrects the previous FAR rule.
An Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR Parts 2, 4, 15, 42, 45, and 52 in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 601, et seq. (FAR case
2008-011), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. Chapter 35, et seq.
List of Subjects in 48 CFR Parts 2, 4, 15, 32, 42, 45, and 52
Government procurement.
Dated: July 30, 2009.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 15,
32, 42, 45, and 52 as set forth below:
1. The authority citation for 48 CFR parts 2, 4, 15, 32, 42, 45,
and 52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
2. Amend section 2.101, in paragraph (b)(2), by removing from the
definition ``Plant clearance officer'' the words ``contractor-operator
plants, and Federal installations'' and adding ``contractor-operator
plants, Federal installations and Federal and non-Federal industrial
operations'', in its place; and removing from the definition ``Special
tooling'' the words ``test equipment, and'' and adding ``tooling, and''
in its place.
PART 4--ADMINISTRATIVE MATTERS
3. Amend section 4.705-3 by adding paragraph (h) to read as
follows:
4.705-3 Acquisition and supply records.
* * * * *
(h) Property records (see 45.101 and 52.245-1): Retain 4 years.
PART 15--CONTRACTING BY NEGOTIATION
4. Amend section 15.404-4 by adding a sentence to the end of
paragraph (a)(3) to read as follows:
15.404-4 Profit.
(a) * * *
(3) * * * Unless the contractor acquired property is a deliverable
under the contract, no profit or fee shall be permitted on the cost of
the property.
* * * * *
PART 32--CONTRACT FINANCING
32.503-16 [Amended]
5. Amend section 32.503-16 by removing from paragraph (a) ``loss,
theft, destruction, or damage to'' and adding ``lost, stolen, damaged,
or destroyed'' in its place.
32.1010 [Amended]
6. Amend section 32.1010 by removing from paragraph (a) ``loss,
theft, destruction, or damage to'' and adding ``lost, stolen, damaged,
or destroyed'' in its place.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
7. Amend section 42.302 by revising paragraphs (a)(30)(iii) and
(a)(30)(v) to read as follows:
42.302 Contract administration functions.
(a) * * *
(30) * * *
(iii) Evaluate the use of Government property on a non-interference
basis in accordance with the clause at 52.245-9, Use and Charges;
* * * * *
(v) Modify contracts to reflect addition of Government furnished
property and ensure appropriate consideration.
* * * * *
PART 45--GOVERNMENT PROPERTY
8. Amend section 45.101 by--
a. Revising the definitions ``Cannibalize'', ``Equipment'',
``Government-furnished property'', and ``Government property'';
b. Removing from the definition ``Material'' the words ``test
equipment'' and adding ``test equipment or real property'' in its
place;
c. Removing the definition ``Plant equipment'';
d. Adding the definition ``Property records''; and
e. Revising the definition ``Real property.
The revised and added text reads as follows:
45.101 Definitions.
* * * * *
Cannibalize means to remove parts from equipment, special tooling
or special test equipment in order to install them on other property.
* * * * *
Equipment means a tangible item that is functionally complete for
its intended purpose, durable, nonexpendable, and needed for the
performance of a contract. Equipment is not intended for sale, and does
not ordinarily lose its identity or become a component part of another
article when put into use. Equipment does not include material or real
property.
Government-furnished property means property in the possession of,
or directly acquired by, the Government and subsequently furnished to
the contractor for performance of a contract. Government-furnished
property includes spares and property furnished for repair,
maintenance, overhaul, or modification.
Government property means all property owned or leased by the
[[Page 39265]]
Government. Government property includes both Government-furnished
property and contractor-acquired property. Government property includes
material, equipment, special tooling, special test equipment, and real
property. Government property does not include intellectual property,
and software.
* * * * *
Property records means the records created and maintained by the
contractor in support of its stewardship responsibilities for the
management of Government property.
* * * * *
Real property. See Federal Management Regulation 102-71.20 (41 CFR
102-71.20.)
* * * * *
9. Amend section 45.102 by revising paragraph (d) to read as
follows:
45.102 Policy.
* * * * *
(d) Exception. Property provided under contracts for repair,
maintenance, overhaul, or modification is not subject to the
requirements of paragraph (b) of this section.
10. Amend section 45.104 by revising the introductory text of
paragraph (a) to read as follows:
45.104 Responsibility and liability for Government property.
(a) Generally, contractors are not held liable for loss, theft,
damage, or destruction of Government property under the following types
of contracts:
* * * * *
11. Amend section 45.105 by revising paragraph (b)(1); and removing
from paragraph (d) ``damage, destruction, or theft'' and adding
``theft, damage, or destruction'' in its place. The revised text reads
as follows:
45.105 Contractors' property management system compliance.
* * * * *
(b) * * *
(1) Revocation of the Government's assumption of risk for loss,
theft, damage, or destruction; and/or
* * * * *
45.201 [Amended]
12. Amend section 45.201 by removing from paragraph (a)(4)
``Unique-item'' and adding ``Item unique'' in its place; and removing
from paragraph (d) ``When use of property on more than one contract is
anticipated, any'' and adding ``Any'' in its place.
13. Amend section 45.402 by revising paragraph (a) to read as
follows:
45.402 Title to contractor-acquired property.
(a) Title vests in the Government for all property acquired or
fabricated by the Contractor in accordance with the financing
provisions or other specific requirements for passage of title in the
contract. Under fixed price type contracts, in the absence of financing
provisions or other specific requirements for passage of title in the
contract, the Contractor retains title to all property acquired by the
Contractor for use on the contract, except for property identified as a
deliverable end item. If a deliverable item is to be retained by the
Contractor for use after inspection and acceptance by the Government,
it shall be made accountable to the contract through a contract
modification listing the item as Government-furnished property.
* * * * *
14. Revise section 45.502 to read as follows:
45.502 Subcontractor and alternate prime contractor locations.
(a) To ensure subcontractor compliance with Government property
administration requirements, and with prime contractor consent, the
property administrator assigned to the prime contract may request
support property administration from another contract administration
office. If the prime contractor does not provide consent to support
property administration at subcontractor locations, the property
administrator shall refer the matter to the contracting officer for
resolution.
(b) The prime property administrator shall accept the findings of
the delegated support property administrator and advise the prime
contractor of the results of property management reviews, including
deficiencies found with the subcontractor's property management system.
(c) Prime contractor consent is not required for support
delegations involving prime contractor alternate locations.
45.602-3 [Amended]
15. Amend section 45.602-3 by removing from paragraph (b)(3)
``North Capitol and H Streets'' and adding ``732 North Capitol Street''
in its place.
16. Revise section 45.604-3 to read as follows:
45.604-3 Sale of surplus personal property.
Policy for the sale of surplus personal property is contained in
the Federal Management Regulations, at Part 102-38 (41 CFR Part 102-
38). Agencies may specify implementing procedures.
17. Amend section 45.606-1 by revising paragraph (b) and adding
paragraph (c) to read as follows:
45.606-1 Contractor with an approved scrap procedure.
* * * * *
(b) For scrap from other than production or testing, the contractor
may prepare scrap lists in lieu of inventory disposal schedules
(provided such lists are consistent with the approved scrap
procedures).
(c) Inventory disposal schedules shall be submitted for all
aircraft regardless of condition, flight safety critical aircraft
parts, and scrap that--
(1) Requires demilitarization;
(2) Is a classified item;
(3) Is generated from classified items;
(4) Contains hazardous materials or hazardous wastes;
(5) Contains precious metals that are economically beneficial to
recover; or
(6) Is dangerous to the public health, safety, or welfare.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.232-16 [Amended]
18. Amend section 52.232-16 by--
a. Removing from the clause heading ``(JUL 2009)'' and adding
``(DATE)'' in its place;
b. Removing from paragraph (d)(2)(ii) ``under any other clause of
this contract'';
c. Removing from paragraph (d)(3) ``or special tooling''; and
d. Removing from paragraph (e) ``is damaged, lost, stolen, or'' and
adding ``is lost, stolen, damaged, or'' in its place.
52.232-32 [Amended]
19. Amend section 52.232-32 by--
a. Removing from the clause heading ``(JAN 2008)'' and adding
``(DATE)'' in its place;
b. Removing from paragraph (f)(2)(ii) ``under any other clause of
this contract'';
c. Removing from paragraph (f)(3) ``or special tooling''; and
d. Removing from paragraph (g) ``is damaged, lost, stolen, or'' and
adding ``is lost, stolen, damaged, or'' in its place.
20. Amend section 52.245-1 by--
a. Revising the date of the clause;
b. In paragraph (a) by--
1. Revising the definition ``Cannibalize'';
2. Removing from the definition ``Equipment'' the word ``asset''
and adding the word ``item'' in its place; and adding a sentence to the
end of the definition;
[[Page 39266]]
3. Adding a sentence to the end of the definition ``Government-
furnished property'';
4. Adding a sentence to the end of the definition ``Government
property'';
5. Adding the words ``or real property'' to the end of the
definition ``Material'';
6. Removing the definition ``Plant equipment'';
7. Adding, in alphabetical order, the definition ``Property
records''; and
8. Revising the definition ``Real property'';
c. Revising the first sentence of paragraph (b)(2), (c), and
(e)(2)(ii);
d. Removing from paragraphs (e)(2)(iii) and (f)(1)(i) the word
``material'' and adding the word ``property'' wherever it occurs (8
times);
e. Removing from paragraph (f)(1)(iii)(A)(4) the word ``Unique-
item'' and adding the words ``Item unique'' in its place;
f. Revising paragraph (f)(1)(v)(A), introductory text of paragraph
(f)(1)(vi), paragraphs (f)(1)(vi)(A), (f)(1)(vi)(B)(4),
(f)(1)(vi)(B)(10), (f)(1)(vii)(A), (f)(1)(viii)(B), (f)(1)(x), (g),
introductory text of paragraph (h)(1), the first sentence of paragraph
(h)(1)(ii), (h)(1)(iii), the first sentence of paragraph (h)(2),
paragraph (h)(3), the second sentence of paragraph (i), and paragraph
(j)(1)(i)(B);
h. Add paragraph (j)(1)(i)(C);
i. Revise paragraphs (j)(3)(iii)(E), and (j)(3)(iv);
g. Add paragraphs (j)(3)(v), and (j)(3)(vi);
j. Remove from paragraph (j)(7)(ii) the word ``facility'' and add
the word ``area'' in its place;
k. Revise paragraph (j)(8)(ii);
l. In Alternate I, revise the date of the alternate, and the first
sentence of paragraph (h)(1).
The added and revised text reads as follows:
52.245-1 Government Property.
* * * * *
GOVERNMENT PROPERTY (DATE)
(a) * * *
* * * * *
Cannibalize means to remove parts from equipment, special tooling
or special test equipment in order to install them on other property.
* * * * *
Equipment * * * Equipment does not include material or real
property.
Government-furnished property * * * Government-furnished property
includes spares and property furnished for repair, maintenance,
overhaul, or modification.
Government property * * * Government property includes material,
equipment, special tooling, special test equipment, and real property.
Government property does not include intellectual property, and
software.
* * * * *
Property records means the records created and maintained by the
contractor in support of its stewardship responsibilities for the
management of Government property.
* * * * *
Real property. See Federal Management Regulation 102-71.20 (41 CFR
102-71.20).
* * * * *
(b) * * *
(2) The Contractor's responsibility extends from the initial
acquisition and receipt of property, through stewardship, custody, and
use until formally relieved of responsibility by authorized means,
including delivery, consumption, expending, sale (as surplus property),
or other disposition, or via a completed investigation, evaluation, and
final determination for lost, stolen, damaged, or destroyed property. *
* *
* * * * *
(c) Use of Government property. (1) The Contractor shall use
Government property, either furnished or acquired under this contract,
only for performing this contract, unless otherwise provided for in
this contract or approved by the Contracting Officer.
(2) Modifications or alterations of Government property are
prohibited, unless they are--
(i) Reasonable and necessary due to the scope of work under this
contract or its terms and conditions;
(ii) Required for normal maintenance; or
(iii) Otherwise authorized by the Contracting Officer.
(3) The Contractor shall not cannibalize Government property unless
otherwise provided for in this contract or approved by the Contracting
Officer.
* * * * *
(e) * * *
(2) * * *
(ii) Title vests in the Government for all property acquired or
fabricated by the Contractor in accordance with the financing
provisions or other specific requirements for passage of title in the
contract. Under fixed price type contracts, in the absence of financing
provisions or other specific requirements for passage of title in the
contract, the Contractor retains title to all property acquired by the
Contractor for use on the contract, except for property identified as a
deliverable end item. If a deliverable item is to be retained by the
Contractor for use after inspection and acceptance by the Government,
it shall be made accountable to the contract through a contract
modification listing the item as Government-furnished property.
* * * * *
(f) * * *
(1) * * *
(v) * * *
(A) The Contractor shall award subcontracts that clearly identify
assets to be provided and shall ensure appropriate flow down of
contract terms and conditions (e.g., extent of liability for loss,
theft, damage, or destruction of Government property).
* * * * *
(vi) Reports. The Contractor shall have a process to create and
provide reports of discrepancies; loss, theft, damage, or destruction;
physical inventory results; audits and self-assessments; corrective
actions; and other property related reports as directed by the
Contracting Officer.
(A) Loss, theft, damage, or destruction. Unless otherwise directed
by the Property Administrator, the Contractor shall investigate and
promptly furnish a written narrative of all incidents of loss, theft,
damage, or destruction to the property administrator as soon as the
facts become known or when requested by the Government.
(B) * * *
(4) Item unique Item Identifier (if available).
* * * * *
(10) A statement that the Government will receive any reimbursement
covering the loss, theft, damage, or destruction in the event the
Contractor was or will be reimbursed or compensated.
* * * * *
(vii) * * *
(A) Consumed or expended, reasonably and properly, or otherwise
accounted for, in the performance of the contract, including reasonable
inventory adjustments of material as determined by the Property
Administrator; or a Property Administrator granted relief of
responsibility for loss, theft, damage, or destruction of Government
property;
* * * * *
(viii) * * *
(B) Unless otherwise authorized in this contract or by the Property
Administrator the Contractor shall not commingle Government material
with material not owned by the Government.
* * * * *
(x) Property closeout. The Contractor shall promptly perform and
report to the Property Administrator contract
[[Page 39267]]
property closeout, to include reporting, investigating and securing
closure of all loss, theft, damage, or destruction cases; physically
inventorying all property upon termination or completion of this
contract; and disposing of items at the time they are determined to be
excess to contractual needs.
* * * * *
(g) Systems analysis. (1) The Government shall have access to the
Contractor's premises and all Government property, at reasonable times,
for the purposes of reviewing, inspecting and evaluating the
Contractor's property management plan, systems, procedures, records,
and supporting documentation that pertains to Government property. This
access includes all site locations and, with the Contractor's consent,
all subcontractor premises.
(2) Records of Government property shall be readily available to
authorized Government personnel and shall be appropriately safeguarded.
(3) Should it be determined by the Government that the Contractor's
(or subcontractor's) property management practices are inadequate or
not acceptable for the effective management and control of Government
property under this contract, or present an undue risk to the
Government, the Contractor shall immediately take all necessary
corrective actions as directed by the Property Administrator.
* * * * *
(h) * * *
(1) Unless otherwise provided for in the contract, the Contractor
shall not be liable for loss, theft, damage, or destruction to the
Government property furnished or acquired under this contract, except
when any one of the following applies--
* * * * *
(ii) The loss, theft, damage, or destruction is the result of
willful misconduct or lack of good faith on the part of the
Contractor's managerial personnel. * * *
(iii) The Contracting Officer has, in writing, revoked the
Government's assumption of risk for loss, theft, damage, or
destruction, due to a determination under paragraph (g) of this clause
that the Contractor's property management practices are inadequate,
and/or present an undue risk to the Government, and the Contractor
failed to take timely corrective action. If the Contractor can
establish by clear and convincing evidence that the loss, theft,
damage, or destruction of Government property occurred while the
Contractor had adequate property management practices or the loss,
theft, damage, or destruction of Government property did not result
from the Contractor's failure to maintain adequate property management
practices, the Contractor shall not be held liable.
(2) The Contractor shall take all reasonable actions necessary to
protect the Government property from further loss, theft, damage, or
destruction. * * *
(3) The Contractor shall do nothing to prejudice the Government's
rights to recover against third parties for any loss, theft, damage, or
destruction of Government property.
* * * * *
(i) Equitable adjustment. * * * However, the Government shall not
be liable for breach of contract for the following:
* * * * *
(j) * * *
(1) * * *
(i) * * *
(B) For scrap from other than production or testing the Contractor
may prepare scrap lists in lieu of inventory disposal schedules
(provided such lists are consistent with the approved scrap
procedures.)
(C) Inventory disposal schedules shall be submitted for all
aircraft regardless of condition, flight safety critical aircraft
parts, and scrap that--
(1) Requires demilitarization;
(2) Is a classified item;
(3) Is generated from classified items;
(4) Contains hazardous materials or hazardous wastes;
(5) Contains precious metals that are economically beneficial to
recover; or
(6) Is dangerous to the public health, safety, or welfare.
* * * * *
(3) * * *
(iii) * * *
(E) Precious metals in raw or bulk form;
* * * * *
(iv) The Contractor shall provide the information required by
52.245-1(f)(1)(iii) along with the following:
(A) For special tooling and special test equipment, identify each
part number with which the item is used.
(B) For work-in-progress, the estimated percentage of completion.
(C) For precious metals, the type of metal and estimated weight.
(D) For hazardous material or property contaminated with hazardous
material, the type of hazardous material.
(E) For metals in mill product form, the form, shape, treatment,
hardness, temper, specification (commercial or Government) and
dimensions (thickness, width and length.)
(F) Any additional information that may facilitate understanding of
the property's intended use.
(v) Property with the same description, condition code, and
reporting location may be grouped in a single line item.
(vi) Scrap should be reported by ``lot'' along with metal content,
estimated weight and estimated value.
* * * * *
(8) * * *
(ii) The Contractor shall prepare for shipment, deliver f.o.b.
origin, or dispose of Contractor inventory as directed by the Plant
Clearance Officer. Unless otherwise directed by the Contracting Officer
or by the Plant Clearance Officer, the Contractor shall remove and
destroy any Government affixed markings identifying the property as
U.S. Government-owned property prior to its disposal.
* * * * *
Alternate I (Date). * * *
(h)(1) The Contractor assumes the risk of, and shall be
responsible for, any loss, theft, damage, or destruction of
Government property upon its delivery to the Contractor as
Government-furnished property. * * *
* * * * *
20. Amend section 52.245-2 by revising the date of the clause, and
the first two sentences of paragraph (b) to read as follows:
52.245-2 Government Property Installation Operation Services.
* * * * *
GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (DATE)
* * * * *
(b) The Government bears no responsibility for repair or
replacement of any loss, theft, damage, or destruction of Government
property. If any or all of the Government property is lost, stolen,
damaged, or destroyed or becomes no longer usable, the Contractor shall
be responsible for replacement of the property at Contractor expense. *
* *
* * * * *
21. Amend section 52.245-9 by revising the date of the clause, and
the introductory text of paragraph (a); and removing the definitions
``Acquisition cost'', ``Government property'', ``Plant equipment'', and
``Real property''. The revised text reads as follows:
52.245-9 Use and Charges.
* * * * *
USE AND CHARGES (DATE)
(a) Definitions. Definitions applicable to this contract are
provided in the clause at 52.245-1, Government
[[Page 39268]]
Property. Additional definitions as used in this clause include:
* * * * *
23. Amend section 52.251-1 by revising the date of the clause, and
the last sentence of the clause to read as follows:
52.251-1 Government Supply Sources.
* * * * *
GOVERNMENT SUPPLY SOURCES (DATE)
* * * The provisions of the clause entitled ``Government
Property,'' at 52.245-1, shall apply to all property acquired under
such authorization.
(End of clause)
[FR Doc. E9-18799 Filed 8-5-09; 8:45 am]
BILLING CODE 6820-EP-S
