USAID Acquisition Regulation (AIDAR) Regarding Government Property-USAID Reporting Requirements, 9712-9713 [2018-04498]
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9712
Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Rules and Regulations
PART 180—[AMENDED]
AGENCY FOR INTERNATIONAL
DEVELOPMENT
1. The authority citation for part 180
continues to read as follows:
■
48 CFR Part 752
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.627:
a. In the table to paragraph (a):
i. Add alphabetically the entries
‘‘Basil, dried leaves’’; ‘‘Basil, fresh
leaves’’; ‘‘Bean, moth, succulent’’;
‘‘Bean, runner, succulent’’; ‘‘Bean, snap,
succulent’’; ‘‘Bean, wax, succulent’’;
‘‘Bean, yardlong, succulent’’; ‘‘Citrus,
dried pulp’’; ‘‘Citrus, oil’’; ‘‘Fruit, citrus,
crop group 10–10’’; and ‘‘Fruit, small,
vine climbing, except fuzzy kiwifruit,
subgroup 13–07F’’;
■ ii. Remove the entry for ‘‘Grape’’;
■ iii. Add alphabetically the entry
‘‘Hop, dried cones’’;
■ iv. Remove the entry for ‘‘Potato,
processed potato waste 1 ’’;
■ v. Add alphabetically the entry
‘‘Vegetable, fruiting, crop group 8–10’’;
and
■ vi. Remove the entries for ‘‘Vegetable,
fruiting, group 8’’ and ‘‘Vegetable,
tuberous and corm, subgroup 1C 1 ’’ and
footnote 1 of the table.
■ b. Revise paragraph (b).
The additions and revision read as
follows:
■
■
■
RIN 0412–AA85
USAID Acquisition Regulation (AIDAR)
Regarding Government Property—
USAID Reporting Requirements
U.S. Agency for International
Development.
ACTION: Final rule.
AGENCY:
The U.S. Agency for
International Development (USAID) is
issuing a final rule to amend the USAID
Acquisition Regulation (AIDAR) that
clarifies accountability for all mobile
Information Technology equipment.
DATES: Effective date: April 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Carol Ketrick, Telephone: 202–567–
4676 or Email: cketrick@usaid.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On November 29, 2016, USAID
published a proposed rule at 81 FR
85916 revising the Agency for
International Development Acquisition
Regulation (AIDAR) to strengthen and
clarify existing policy and procedures
§ 180.627 Fluopicolide; tolerances for
for accountability of all USAID mobile
residues.
Information Technology (IT) equipment
(a) * * *
and access to agency facilities and
information systems. This final rule
Parts per
clarifies the reporting requirements for
Commodity
million
all mobile IT equipment in the AIDAR
Basil, dried, leaves .....................
200 clause section 752.245–70, Government
Basil, fresh leaves ......................
40 Property—USAID reporting
Bean, moth, succulent ................
0.90 requirements. The clause is amended to
Bean, runner, succulent .............
0.90 clarify that all mobile Information
Bean, snap, succulent ................
0.90 Technology (IT) equipment is identified
Bean, wax, succulent .................
0.90 as accountable. This includes both
Bean, yardlong, succulent ..........
0.90
mobile IT equipment that is USAIDowned and furnished to the contractor,
as well as contractor acquired mobile IT
*
*
*
*
*
Citrus, dried pulp ........................
0.03 equipment, title to which vests in the
Citrus, oil .....................................
1.0 U.S. Government.
0.01
*
*
*
*
Hop, dried cones ........................
*
*
*
*
*
Vegetable, fruiting, crop group
8–10 ........................................
daltland on DSKBBV9HB2PROD with RULES
Fruit, citrus, crop group 10–10 ...
Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup
13–07F ....................................
*
*
*
*
*
2.0
15
1.6
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
[FR Doc. 2018–04533 Filed 3–6–18; 8:45 am]
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II. Discussion and Analysis
One respondent submitted a comment
on the proposed rule.
USAID reviewed and considered the
public comment in the development of
this final rule. A discussion of the
comment received is provided as
follows:
Comment: The respondent suggested
alternative clarifying revisions to the
language in AIDAR section 752.245–70.
Specifically, the comment stated:
It would be clearer if the definition of
‘‘government property’’ in (a)(2) was
updated to include contractor acquired
mobile IT equipment. Either by
updating the clause itself (‘‘The term
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Government property, . . . , shall
mean Government-furnished property,
non-expendable personal property title
to which vests in the U.S. Government,
and all contractor acquired mobile IT
equipment’’) or by updating the
definition of non-expendable personal
property to include mobile IT
equipment regardless of service life or
unit cost (‘‘Non-expendable personal
property, for purposes of this contract,
is defined as personal property . . . and
that has a unit cost of more than $500.
Non-expendable personal property
includes mobile IT equipment
regardless of expected service life or
unit cost’’).
Response: The comment was
considered and revisions have been
made to this final AIDAR rule.
The format of the required Annual
Report of Government Property in
Contractor’s Custody is corrected to read
that all mobile IT equipment is
accountable and must be reported. The
format of the required Annual Report of
Government Property in the Contractor’s
Custody is corrected to read that all
Contractor acquired mobile IT
equipment must be reported.
III. Regulatory Planning and Review
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866 Regulatory
Planning and Review, dated September
30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The rule will not have an impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
Therefore, an Initial Regulatory
Flexibility Analysis has not been
performed.
V. Paperwork Reduction Act
The rule clarifies but does not
establish a new collection of
information that requires the approval
of the Office of Management and Budget
under the Paperwork Reduction Act (44
U.S.C. chapter 35).
List of Subjects in 48 CFR Part 75
Government procurement.
For the reasons discussed in the
preamble, USAID amends 48 CFR
chapter 7 as set forth below:
PART 752—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 752 continues to read as follows:
■
E:\FR\FM\07MRR1.SGM
07MRR1
9713
Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Rules and Regulations
Authority: Sec. 621, Pub. L. 87–195, 75
Stat. 445, (22 U.S.C. 2381) as amended; E.O.
12163, Sept. 29, 1979, 44 FR 56673; and 3
CFR 1979 Comp., p. 435.
2. Revise section 752.245–70 to read
as follows:
■
752.245–70 Government property—USAID
reporting requirements.
USAID contracts, except those for
commercial items, must contain the
following preface and reporting
requirement as additions to the
appropriate Government Property clause
prescribed by (48 CFR) FAR 45.107, per
a GAO audit recommendation.
Preface: To be inserted preceding the
text of the FAR clause.
Government Property—USAID
Reporting Requirements (OCT 2017)
(a)(1) The term Government-furnished
property, wherever it appears in the
following clause, shall mean (i) non-
expendable personal property owned by
or leased to the U.S. Government and
furnished to the contractor, and (ii)
personal property furnished either prior
to or during the performance of this
contract by any U.S. Government
accountable officer to the contractor for
use in connection with performance of
this contract and identified by such
officer as accountable. All mobile
Information Technology (IT) equipment,
including but not limited to, mobile
phones (e.g. smartphones), laptops,
tablets, and encrypted devices provided
as government furnished property, title
to which vests in the U.S. Government,
are considered accountable personal
property.
(2) The term Government property,
wherever it appears in the following
clause, shall mean Governmentfurnished property, Contractor acquired
mobile IT equipment and non-
expendable personal property title to
which vests in the U.S. Government
under this contract.
(3) Non-expendable personal
property, for purposes of this contract,
is defined as personal property that is
complete in itself, does not lose its
identity or become a component part of
another article when put into use; is
durable, with an expected service life of
two years or more; and that has a unit
cost of more than $500.
(b) Reporting Requirement: To be
inserted following the text of the (48
CFR) FAR clause.
Reporting Requirements: The Contractor
will submit an annual report on all
Government property in a form and manner
acceptable to USAID substantially as follows:
Annual Report of Government Property in
Contractor’s Custody
[Name of Contractor as of (end of contract
year), 20XX]
Furniture and furnishings—
Office
Living quarters
Other
Government
property
Years
Years
Years
Motor vehicles
A. Value of property as of last report
B. Transactions during this reporting period
1. Acquisitions (add):
a. Contractor acquired property 1
b. Government furnished 2
c. Transferred from others, without reimbursement 3
2. Disposals (deduct):
a. Returned to USAID
b. Transferred to USAID—Contractor purchased
c. Transferred to other Government agencies 3
d. Other disposals 3
C. Value of property as of reporting date
D. Estimated average age of contractor held property
Years
1 Non-expendable
property and all mobile IT equipment.
property listed in this contract as nonexpendable or accountable, including all mobile IT equipment.
if transactions were not processed through or otherwise authorized by USAID.
2 Government-furnished
daltland on DSKBBV9HB2PROD with RULES
3 Explain
Property Inventory Verification
I attest that (1) physical inventories of
Government property are taken not less
frequently than annually; (2) the
accountability records maintained for
Government property in our possession are
in agreement with such inventories; and (3)
the total of the detailed accountability
records maintained agrees with the property
value shown opposite line C above, and the
estimated average age of each category of
property is as cited opposite line D above.
Authorized Signature llllllllll
Name llllllllllllllllll
Title llllllllllllllllll
Date llllllllllllllllll
(End of clause)
Dated: February 15, 2018.
Mark Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2018–04498 Filed 3–6–18; 8:45 am]
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Jkt 244001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG075
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the A season
apportionment of the 2018 Pacific cod
total allowable catch allocated to
catcher vessels using trawl gear in the
BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 4, 2018,
through 1200 hours, A.l.t., April 1,
2018.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
SUPPLEMENTARY INFORMATION:
E:\FR\FM\07MRR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Rules and Regulations]
[Pages 9712-9713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04498]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
48 CFR Part 752
RIN 0412-AA85
USAID Acquisition Regulation (AIDAR) Regarding Government
Property--USAID Reporting Requirements
AGENCY: U.S. Agency for International Development.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Agency for International Development (USAID) is
issuing a final rule to amend the USAID Acquisition Regulation (AIDAR)
that clarifies accountability for all mobile Information Technology
equipment.
DATES: Effective date: April 6, 2018.
FOR FURTHER INFORMATION CONTACT: Carol Ketrick, Telephone: 202-567-4676
or Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 29, 2016, USAID published a proposed rule at 81 FR
85916 revising the Agency for International Development Acquisition
Regulation (AIDAR) to strengthen and clarify existing policy and
procedures for accountability of all USAID mobile Information
Technology (IT) equipment and access to agency facilities and
information systems. This final rule clarifies the reporting
requirements for all mobile IT equipment in the AIDAR clause section
752.245-70, Government Property--USAID reporting requirements. The
clause is amended to clarify that all mobile Information Technology
(IT) equipment is identified as accountable. This includes both mobile
IT equipment that is USAID-owned and furnished to the contractor, as
well as contractor acquired mobile IT equipment, title to which vests
in the U.S. Government.
II. Discussion and Analysis
One respondent submitted a comment on the proposed rule.
USAID reviewed and considered the public comment in the development
of this final rule. A discussion of the comment received is provided as
follows:
Comment: The respondent suggested alternative clarifying revisions
to the language in AIDAR section 752.245-70. Specifically, the comment
stated:
It would be clearer if the definition of ``government property'' in
(a)(2) was updated to include contractor acquired mobile IT equipment.
Either by updating the clause itself (``The term Government property, .
. . , shall mean Government-furnished property, non-expendable personal
property title to which vests in the U.S. Government, and all
contractor acquired mobile IT equipment'') or by updating the
definition of non-expendable personal property to include mobile IT
equipment regardless of service life or unit cost (``Non-expendable
personal property, for purposes of this contract, is defined as
personal property . . . and that has a unit cost of more than $500.
Non-expendable personal property includes mobile IT equipment
regardless of expected service life or unit cost'').
Response: The comment was considered and revisions have been made
to this final AIDAR rule.
The format of the required Annual Report of Government Property in
Contractor's Custody is corrected to read that all mobile IT equipment
is accountable and must be reported. The format of the required Annual
Report of Government Property in the Contractor's Custody is corrected
to read that all Contractor acquired mobile IT equipment must be
reported.
III. Regulatory Planning and Review
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866 Regulatory Planning and Review,
dated September 30, 1993. This rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The rule will not have an impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq. Therefore, an Initial Regulatory Flexibility Analysis has
not been performed.
V. Paperwork Reduction Act
The rule clarifies but does not establish a new collection of
information that requires the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 75
Government procurement.
For the reasons discussed in the preamble, USAID amends 48 CFR
chapter 7 as set forth below:
PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 752 continues to read as
follows:
[[Page 9713]]
Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C.
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR
1979 Comp., p. 435.
0
2. Revise section 752.245-70 to read as follows:
752.245-70 Government property--USAID reporting requirements.
USAID contracts, except those for commercial items, must contain
the following preface and reporting requirement as additions to the
appropriate Government Property clause prescribed by (48 CFR) FAR
45.107, per a GAO audit recommendation.
Preface: To be inserted preceding the text of the FAR clause.
Government Property--USAID Reporting Requirements (OCT 2017)
(a)(1) The term Government-furnished property, wherever it appears
in the following clause, shall mean (i) non-expendable personal
property owned by or leased to the U.S. Government and furnished to the
contractor, and (ii) personal property furnished either prior to or
during the performance of this contract by any U.S. Government
accountable officer to the contractor for use in connection with
performance of this contract and identified by such officer as
accountable. All mobile Information Technology (IT) equipment,
including but not limited to, mobile phones (e.g. smartphones),
laptops, tablets, and encrypted devices provided as government
furnished property, title to which vests in the U.S. Government, are
considered accountable personal property.
(2) The term Government property, wherever it appears in the
following clause, shall mean Government-furnished property, Contractor
acquired mobile IT equipment and non-expendable personal property title
to which vests in the U.S. Government under this contract.
(3) Non-expendable personal property, for purposes of this
contract, is defined as personal property that is complete in itself,
does not lose its identity or become a component part of another
article when put into use; is durable, with an expected service life of
two years or more; and that has a unit cost of more than $500.
(b) Reporting Requirement: To be inserted following the text of the
(48 CFR) FAR clause.
Reporting Requirements: The Contractor will submit an annual
report on all Government property in a form and manner acceptable to
USAID substantially as follows:
Annual Report of Government Property in Contractor's Custody
[Name of Contractor as of (end of contract year), 20XX]
----------------------------------------------------------------------------------------------------------------
Furniture and furnishings-- Other
Motor vehicles ---------------------------------- Government
Office Living quarters property
----------------------------------------------------------------------------------------------------------------
A. Value of property as of last report
B. Transactions during this reporting period
1. Acquisitions (add):
a. Contractor acquired property \1\
b. Government furnished \2\
c. Transferred from others, without
reimbursement \3\
2. Disposals (deduct):
a. Returned to USAID
b. Transferred to USAID--Contractor
purchased
c. Transferred to other Government
agencies \3\
d. Other disposals \3\
C. Value of property as of reporting date
D. Estimated average age of contractor held
property
----------------------------------------------------------------------------------------------------------------
Years Years Years Years
----------------------------------------------------------------------------------------------------------------
\1\ Non-expendable property and all mobile IT equipment.
\2\ Government-furnished property listed in this contract as nonexpendable or accountable, including all mobile
IT equipment.
\3\ Explain if transactions were not processed through or otherwise authorized by USAID.
Property Inventory Verification
I attest that (1) physical inventories of Government property
are taken not less frequently than annually; (2) the accountability
records maintained for Government property in our possession are in
agreement with such inventories; and (3) the total of the detailed
accountability records maintained agrees with the property value
shown opposite line C above, and the estimated average age of each
category of property is as cited opposite line D above.
Authorized Signature---------------------------------------------------
Name-------------------------------------------------------------------
Title------------------------------------------------------------------
Date-------------------------------------------------------------------
(End of clause)
Dated: February 15, 2018.
Mark Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2018-04498 Filed 3-6-18; 8:45 am]
BILLING CODE 6116-01-P
