Defense Federal Acquisition Regulation Supplement: Property Loss Reporting in the Procurement Integrated Enterprise Environment (DFARS Case 2020-D005), 53761-53763 [2020-18639]
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Proposed Rules
(2) Unlimited rights categories. The
list of data types for which the
Government receives unlimited rights in
the SBIR/STTR clause at 252.227–7014
was corrected to harmonize with the
description of those categories
throughout the DFARS (see revisions at
252.227–7018(c)(1)(v)–(vii); compare
252.227–7013(c)(1)(vii)–(ix), 252.227–
7014(c)(1)(ii)).
(3) Markings. The restrictive markings
for SBIR/STTR data rights and
Government purpose rights were revised
to reflect the substantive changes.
DEPARTMENT OF DEFENSE
I. Prohibition on Preaward Negotiation
AGENCY:
Another specialized policy exception
for the SBIR/STTR programs is that
negotiation of specialized license
agreements is prohibited as a condition
of award, and thus is generally
permitted only after award (see Policy
Directive section 8(b)(6)). The
implementation of this limitation was
included in the draft revisions
published for public comment as an
advance notice of proposed rulemaking
for DFARS case 2018–D071, Negotiation
of Price for Technical Data and
Preference for Specially Negotiated
Licenses (84 FR 60988).
J. Comments Sought Regarding any
Increase or Decrease in Burden and
Costs
In addition to seeking public
comment on the substance of the draft
DFARS revisions, DoD is also seeking
information regarding any
corresponding change in the burden,
including associated costs or savings,
resulting from contractors and
subcontractors complying with the draft
revised DFARS implementation. More
specifically, DoD is seeking information
regarding any anticipated increase or
decrease in such burden and costs
relative to the burden and costs
associated with complying with the
current DFARS implementing language.
List of Subjects in 48 CFR Parts 227 and
252
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Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2020–18641 Filed 8–28–20; 8:45 am]
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SUPPLEMENTARY INFORMATION:
Defense Acquisition Regulations
System
48 CFR Parts 245 and 252
[Docket DARS–2020–0026]
RIN 0750–AK92
Defense Federal Acquisition
Regulation Supplement: Property Loss
Reporting in the Procurement
Integrated Enterprise Environment
(DFARS Case 2020–D005)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
replace a legacy software application
used for reporting loss of Government
property with new capabilities
developed within the DoD enterprisewide, eBusiness platform, Procurement
Integrated Enterprise Environment.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
October 30, 2020, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2020–D005,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Search for
‘‘DFARS Case 2020–D005’’ under the
heading ‘‘Enter keyword or ID’’ and
select ‘‘Search.’’ Select ‘‘Comment
Now’’ and follow the instructions
provided to submit a comment. Please
include ‘‘DFARS Case 2020–D005’’ on
any attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2020–D005 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Kimberly
R. Ziegler, OUSD(A&S)DPC/DARS,
Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly R. Ziegler, telephone 571–
372–6095.
SUMMARY:
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53761
I. Background
DoD is proposing to amend the
DFARS to replace the Defense Contract
Management Agency (DCMA) eTool
application used to report the loss of
Government property with the new
Government-Furnished Property (GFP)
module in the Procurement Integrated
Enterprise Environment (PIEE). The
DCMA eTool application is a selfcontained, legacy application that has
numerous limitations, to include its
inability to share data with other
internal or external DoD business
systems or to respond to changes in
regulation, policies, and procedures.
DoD developed the GFP module within
the PIEE to house the GFP lifecycle to
address these limitations and to provide
the Department with the end-to-end
accountability for all GFP transactions
within a secure, single, integrated
system.
II. Discussion and Analysis
The clause at DFARS 252.245–7002,
Reporting Loss of Government Property,
directs DoD contractors to use the
Defense Contract Management Agency
(DCMA) eTool software application for
reporting loss of Government-furnished
property (GFP). This rule proposes to
revise the clause at DFARS 252.245–
7002 to direct contractors to use the
property loss function within the GFP
module in the PIEE, instead of the
DCMA eTool, when reporting loss of
Government-furnished property. There
are no changes to the data to be
reported, only the application in which
it is submitted. The new application is
based upon newer technology that will
provide contractors with a much more
efficient process to submit data for their
reports. For instance, contractors will
not be required to enter the same data
into multiple fields, the system will
automatically populate data fields
throughout the process. This one
improvement will save contractors time
and reduce the potential for errors
during manual entry.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This proposed rule does not create
any new provisions or clauses, nor does
it change the applicability of any
existing provisions or clauses included
in solicitations and contracts valued at
or below the simplified acquisition
threshold, or for commercial items,
including commercially available offthe-shelf items.
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Proposed Rules
IV. Executive Orders 12866 and 13563
E.O.s 12866 and 13563 direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Executive Order 13771
This rule is not subject to E.O. 13771,
because this rule is not a significant
regulatory action under E.O. 12866.
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VI. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the rule is not creating
any new requirements for contractors, it
is merely changing the software
application contractors use to
electronically report property losses
under existing policies and practices.
However, an initial regulatory flexibility
analysis has been performed and is
summarized as follows:
The Department of Defense is
proposing to amend the Defense Federal
Acquisition Regulation Supplement
(DFARS) to replace a legacy software
application used for reporting loss of
Government property with new
capabilities developed within the DoD
enterprise-wide, eBusiness platform,
Procurement Integrated Enterprise
Environment (PIEE).
The objective of the case is to
transition property loss reporting from a
stand-alone, legacy software application
to the PIEE, a fully integrated, DoD
enterprise-wide eBusiness platform. Use
of the new system functionality will
enable DoD to address numerous audit
findings and security concerns.
This rule will likely affect some small
business concerns that are provided
Government-furnished property in the
performance of their contracts and those
who experience a loss which must be
reported in the PIEE. Data generated
from the DCMA eTool for fiscal years
(FY) 2017 through 2019 indicates that
an average of 3,765 loss cases are
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16:36 Aug 28, 2020
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submitted each year. Of those 3,765 loss
cases, 52% or 1,958 cases are filed by
the top 7 large business entities, while
48% or 1,807 make up all others which
may include unique small business
entities.
Data generated from the Federal
Procurement Data System (FPDS) for
fiscal years 2017 through 2019,
indicates that DoD has awarded an
average of 34,463 contracts that contain
the two applicable Government property
clauses FAR 52.245–1 and DFARS
252.245–7002. Of those applicable
contracts, DoD has awarded
approximately 16,966 contracts to an
average of 4,009 unique small entities
during the three-year period. This
would equate to 4 applicable contracts
awarded to each unique small business
entity.
While there is no way to identify how
many property loss cases are
attributable specifically to unique small
business concerns, it can be assumed
that 11% of applicable contracts have
had a property loss case reported (3,765/
34,463). If the top 7 large business
entities are removed from the equation,
the number is reduced to 5% (1,807/
34,463). We can therefore presume that
approximately 5% of the 16,966 or 848
contracts awarded to 212 small business
entities may require a property loss
case.
The rule does not impose any new
reporting, recordkeeping, or compliance
requirements. The replacement of the
application used for the approved
information collection requirements is
intended to maintain the status quo and
potentially reduce compliance
requirements over time due to the
technological advances in the PIEE. This
rule does not duplicate, overlap, or
conflict with any other Federal rules.
There are no practical alternatives
available to meet the objectives of the
rule.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities. DoD will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(DFARS Case 2020–D005) in
correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does
apply. The proposed change to the
DFARS does not impose new
information collection requirements that
require the approval of the Office of
Management and Budget (OMB) under
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44 U.S.C. 3501, et seq. By replacing the
software application used for reporting
property loss, the status quo for the
current information collection
requirements are maintained under
OMB clearance number 9000–0075,
Government Property. OMB 9000–0075
provides approval for collections of
information under FAR clause 52.245–
1, Government Property, which requires
reporting of Government-property
losses. DFARS clause 252.245–7002 is
used in conjunction with FAR 52.245–
1, and merely stipulates that DoD will
electronically report any property losses
as required by FAR 52.245–1 using the
PIEE portal.
List of Subjects in 48 CFR Parts 245 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 245 and 252
are proposed to be amended as follows:
■ 1. The authority citation for 48 CFR
parts 245 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 245—GOVERNMENT PROPERTY
2. Amend section 245.102 by—
a. In paragraph (4)(i) removing ‘‘GFP’’
and adding ‘‘Government-furnished
property’’ in its place; and
■ b. Revising paragraph (5).
The revision reads as follows:
■
■
245.102
Policy.
*
*
*
*
*
(5) Reporting loss of Government
property. The Government-Furnished
Property module of the Procurement
Integrated Enterprise Environment is the
DoD data repository for reporting loss of
Government property in the possession
of contractors. The requirements and
procedures for reporting loss of
Government property to the
Government-Furnished Property
module are set forth in the clause at
252.245–7002, Reporting Loss of
Government Property, prescribed at
245.107.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 252.245–7002 by—
a. Removing the clause date of ‘‘(DEC
2017)’’ and adding ‘‘(DATE)’’ in its
place; and
■ b. Revising paragraph (b)(1).
The revision reads as follows:
■
■
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Proposed Rules
252.245–7002 Reporting Loss of
Government Property.
*
*
*
*
*
(b) * * *
(1) The Contractor shall use the
property loss function in the
Government-Furnished Property (GFP)
module of the Procurement Integrated
Enterprise Environment (PIEE) for
reporting loss of Government property.
Reporting value shall be at unit
acquisition cost. Current PIEE users can
access the GFP module by logging into
their account. New users may register
for access and obtain training on the
PIEE home page at https://wawf.eb.mil/
piee-landing.
*
*
*
*
*
[FR Doc. 2020–18639 Filed 8–28–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 216 and 229
[Docket No. 200819–0222]
RIN 0648–BG55
Guidelines for Safely Deterring Marine
Mammals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
The Marine Mammal
Protection Act (MMPA) allows for
specified persons to employ measures to
deter marine mammals from damaging
fishing gear and catch, damaging
personal or public property, or
endangering personal safety, as long as
these measures do not result in death or
serious injury of marine mammals. The
MMPA directs the Secretary of
Commerce, through NOAA’s NMFS, to
publish a list of ‘‘guidelines’’ for use in
safely deterring marine mammals under
NMFS’ jurisdiction and to recommend
‘‘specific measures,’’ which may be used
to nonlethally deter marine mammals
listed under the Endangered Species Act
(ESA). While the guidelines and specific
measures are not mandatory, the MMPA
provides protection from liability under
the MMPA for take resulting from such
deterrence measures by specifying that
any actions taken to deter marine
mammals that are consistent with the
guidelines or specific measures are not
a violation of the act. NMFS has not
evaluated these deterrents for
effectiveness. This rulemaking also
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SUMMARY:
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53763
includes prohibitions on certain
deterrent methods that NMFS has
determined, using the best available
scientific information, would have a
significant adverse effect on marine
mammals.
for the hearing impaired may call the
Federal Information Relay Service at 1–
800–877–8339 between 8 a.m. and 4
p.m. Eastern time, Monday through
Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Comments must be received by
October 30, 2020.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0109, by either of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal:
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200109;
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields;
3. Enter or attach your comments.
Mail: Submit written comments to
Chief, Marine Mammal and Sea Turtle
Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous).
The NMFS Acoustic Deterrents Web
Tool is available and accessible via the
internet at: https://
jmlondon.shinyapps.io/NMFSAcoustic
DeterrentWebTool/.
Copies of the draft Environmental
Assessment (EA) prepared in support of
this action are available and accessible
via the internet at: https://
www.regulations.gov/.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule may be submitted to NMFS Office
of Protected Resources and by email to
OIRA_Submission@omb.eop.gov or fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Kristy Long, Office of Protected
Resources, 301–427–8402; Amy
Scholik-Schlomer, Office of Protected
Resources, 301–427–8402. Individuals
who use a telecommunications device
Background
The deterrence provisions of the
MMPA (16 U.S.C. 1361 et seq.) provide
an exception to otherwise prohibited
acts, allowing specified persons to deter
a marine mammal from damaging
fishing gear and catch, damaging
personal or public property, or
endangering personal safety, so long as
those deterrents do not result in the
death or serious injury of a marine
mammal. NMFS has defined ‘‘serious
injury’’ as any injury that will likely
result in death (50 CFR 229.2) and has
developed a process and policy to
distinguish serious from non-serious
injuries (https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-protection-act-policiesguidance-and-regulations#
distinguishing-serious-from-non-seriousinjury-of-marine-mammals).
Specifically, MMPA section
101(a)(4)(A) allows the owner of fishing
gear or catch, the owner of private
property, or an employee or agent of
such owner (‘‘specified persons’’), to
deter marine mammals from damaging
fishing gear or catch or private property,
respectively. Additionally, it allows any
person to deter a marine mammal from
endangering personal safety and any
government employee to deter a marine
mammal from damaging public
property. The appropriate use of
deterrents is allowed under these
circumstances so long as any such use
does not result in mortality or serious
injury of a marine mammal. Section
101(a)(4)(A) does not allow the use of
deterrents by any other person or entity
or for any other purpose than those
expressly enumerated.
MMPA section 101(a)(4)(B) directs the
Secretary of Commerce, through NMFS,
to publish a list of guidelines for use in
safely deterring marine mammals and to
recommend specific measures which
may be used to non-lethally deter
marine mammals listed as endangered
or threatened under the ESA. Section
101(a)(4)(B) provides protection from
liability from take, including mortality
and serious injury, resulting from
actions to deter marine mammals that
are consistent with such guidelines and
specific measures by specifying that
such actions are not a violation of the
MMPA. Compliance with the
recommended specific measures would
not necessarily provide protection from
DATES:
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]]>Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Proposed Rules]
[Pages 53761-53763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18639]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 245 and 252
[Docket DARS-2020-0026]
RIN 0750-AK92
Defense Federal Acquisition Regulation Supplement: Property Loss
Reporting in the Procurement Integrated Enterprise Environment (DFARS
Case 2020-D005)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to replace a legacy software application
used for reporting loss of Government property with new capabilities
developed within the DoD enterprise-wide, eBusiness platform,
Procurement Integrated Enterprise Environment.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before October 30, 2020, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2020-D005, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Search for
``DFARS Case 2020-D005'' under the heading ``Enter keyword or ID'' and
select ``Search.'' Select ``Comment Now'' and follow the instructions
provided to submit a comment. Please include ``DFARS Case 2020-D005''
on any attached document.
[cir] Email: [email protected]. Include DFARS Case 2020-D005 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Kimberly R. Ziegler, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone
571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to amend the DFARS to replace the Defense Contract
Management Agency (DCMA) eTool application used to report the loss of
Government property with the new Government-Furnished Property (GFP)
module in the Procurement Integrated Enterprise Environment (PIEE). The
DCMA eTool application is a self-contained, legacy application that has
numerous limitations, to include its inability to share data with other
internal or external DoD business systems or to respond to changes in
regulation, policies, and procedures. DoD developed the GFP module
within the PIEE to house the GFP lifecycle to address these limitations
and to provide the Department with the end-to-end accountability for
all GFP transactions within a secure, single, integrated system.
II. Discussion and Analysis
The clause at DFARS 252.245-7002, Reporting Loss of Government
Property, directs DoD contractors to use the Defense Contract
Management Agency (DCMA) eTool software application for reporting loss
of Government-furnished property (GFP). This rule proposes to revise
the clause at DFARS 252.245-7002 to direct contractors to use the
property loss function within the GFP module in the PIEE, instead of
the DCMA eTool, when reporting loss of Government-furnished property.
There are no changes to the data to be reported, only the application
in which it is submitted. The new application is based upon newer
technology that will provide contractors with a much more efficient
process to submit data for their reports. For instance, contractors
will not be required to enter the same data into multiple fields, the
system will automatically populate data fields throughout the process.
This one improvement will save contractors time and reduce the
potential for errors during manual entry.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This proposed rule does not create any new provisions or clauses,
nor does it change the applicability of any existing provisions or
clauses included in solicitations and contracts valued at or below the
simplified acquisition threshold, or for commercial items, including
commercially available off-the-shelf items.
[[Page 53762]]
IV. Executive Orders 12866 and 13563
E.O.s 12866 and 13563 direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). E.O. 13563 emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This is not a
significant regulatory action and, therefore, was not subject to review
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule is not creating any new requirements for contractors,
it is merely changing the software application contractors use to
electronically report property losses under existing policies and
practices. However, an initial regulatory flexibility analysis has been
performed and is summarized as follows:
The Department of Defense is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to replace a legacy software
application used for reporting loss of Government property with new
capabilities developed within the DoD enterprise-wide, eBusiness
platform, Procurement Integrated Enterprise Environment (PIEE).
The objective of the case is to transition property loss reporting
from a stand-alone, legacy software application to the PIEE, a fully
integrated, DoD enterprise-wide eBusiness platform. Use of the new
system functionality will enable DoD to address numerous audit findings
and security concerns.
This rule will likely affect some small business concerns that are
provided Government-furnished property in the performance of their
contracts and those who experience a loss which must be reported in the
PIEE. Data generated from the DCMA eTool for fiscal years (FY) 2017
through 2019 indicates that an average of 3,765 loss cases are
submitted each year. Of those 3,765 loss cases, 52% or 1,958 cases are
filed by the top 7 large business entities, while 48% or 1,807 make up
all others which may include unique small business entities.
Data generated from the Federal Procurement Data System (FPDS) for
fiscal years 2017 through 2019, indicates that DoD has awarded an
average of 34,463 contracts that contain the two applicable Government
property clauses FAR 52.245-1 and DFARS 252.245-7002. Of those
applicable contracts, DoD has awarded approximately 16,966 contracts to
an average of 4,009 unique small entities during the three-year period.
This would equate to 4 applicable contracts awarded to each unique
small business entity.
While there is no way to identify how many property loss cases are
attributable specifically to unique small business concerns, it can be
assumed that 11% of applicable contracts have had a property loss case
reported (3,765/34,463). If the top 7 large business entities are
removed from the equation, the number is reduced to 5% (1,807/34,463).
We can therefore presume that approximately 5% of the 16,966 or 848
contracts awarded to 212 small business entities may require a property
loss case.
The rule does not impose any new reporting, recordkeeping, or
compliance requirements. The replacement of the application used for
the approved information collection requirements is intended to
maintain the status quo and potentially reduce compliance requirements
over time due to the technological advances in the PIEE. This rule does
not duplicate, overlap, or conflict with any other Federal rules. There
are no practical alternatives available to meet the objectives of the
rule.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities. DoD will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
in accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2020-D005)
in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does apply. The proposed change to the
DFARS does not impose new information collection requirements that
require the approval of the Office of Management and Budget (OMB) under
44 U.S.C. 3501, et seq. By replacing the software application used for
reporting property loss, the status quo for the current information
collection requirements are maintained under OMB clearance number 9000-
0075, Government Property. OMB 9000-0075 provides approval for
collections of information under FAR clause 52.245-1, Government
Property, which requires reporting of Government-property losses. DFARS
clause 252.245-7002 is used in conjunction with FAR 52.245-1, and
merely stipulates that DoD will electronically report any property
losses as required by FAR 52.245-1 using the PIEE portal.
List of Subjects in 48 CFR Parts 245 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 245 and 252 are proposed to be amended as
follows:
0
1. The authority citation for 48 CFR parts 245 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 245--GOVERNMENT PROPERTY
0
2. Amend section 245.102 by--
0
a. In paragraph (4)(i) removing ``GFP'' and adding ``Government-
furnished property'' in its place; and
0
b. Revising paragraph (5).
The revision reads as follows:
245.102 Policy.
* * * * *
(5) Reporting loss of Government property. The Government-Furnished
Property module of the Procurement Integrated Enterprise Environment is
the DoD data repository for reporting loss of Government property in
the possession of contractors. The requirements and procedures for
reporting loss of Government property to the Government-Furnished
Property module are set forth in the clause at 252.245-7002, Reporting
Loss of Government Property, prescribed at 245.107.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.245-7002 by--
0
a. Removing the clause date of ``(DEC 2017)'' and adding ``(DATE)'' in
its place; and
0
b. Revising paragraph (b)(1).
The revision reads as follows:
[[Page 53763]]
252.245-7002 Reporting Loss of Government Property.
* * * * *
(b) * * *
(1) The Contractor shall use the property loss function in the
Government-Furnished Property (GFP) module of the Procurement
Integrated Enterprise Environment (PIEE) for reporting loss of
Government property. Reporting value shall be at unit acquisition cost.
Current PIEE users can access the GFP module by logging into their
account. New users may register for access and obtain training on the
PIEE home page at https://wawf.eb.mil/piee-landing.
* * * * *
[FR Doc. 2020-18639 Filed 8-28-20; 8:45 am]
BILLING CODE 5001-06-P
