[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6896]


[Federal Register: March 28, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Part 45

[FAR Case 91-72]


Federal Acquisition Regulation; Government Property

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to alert the contracting officer that 
facilities contracts should be closed out when Government production 
and research property is no longer required for the performance of the 
instant Government contract or subcontracts. This regulatory action was 
not subject to Office of Management and Budget review pursuant to 
Executive Order No. 12866 dated September 30, 1993.

DATES: Comments should be submitted on or before May 27, 1994 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW., room 4037, Washington, DC 20405.
    Please cite FAR case 91-72 in all correspondence related to this 
case.

FOR FURTHER INFORMATION CONTACT:
Ms. Linda Klein at (202) 501-3775 in reference to this FAR case. For 
general information, contact the FAR Secretariat, room 4037, GS 
Building, Washington, DC 20405, (202) 501-4755. Please cite FAR case 
91-72.

SUPPLEMENTARY INFORMATION: 

A. Background

    Language has been added at FAR 45.302-1(e) stating that facilities 
contracts should be closed out when Government production and research 
property is no longer required for the performance of the instant 
Government contract or subcontracts. This language is important for the 
control and management of Government property and allows for timely 
reutilization of facilities accountable to Government contracts. The 
language was removed from the Defense Federal Acquisition Regulation 
Supplement at 48 CFR 245.302-1(S-70) as more appropriate for inclusion 
in the FAR.

B. Regulatory Flexibility Act

    The proposed rule is not expected 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 few, if 
any, facilities contracts are with small firms. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. Comments from 
small entities concerning the affected FAR subpart will be considered 
in accordance with section 610 of the Act. Such comments must be 
submitted separately and should cite 5 U.S.C. 601, et seq. (FAR case 
91-72) in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose recordkeeping or information 
collection requirements, or collections of information from offerors, 
contractors, or members of the public which require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 45

    Government procurement.

    Dated: March 18, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, it is proposed that 48 CFR part 45 be amended as set 
forth below:

PART 45--GOVERNMENT PROPERTY

    1. The authority citation for 48 CFR part 45 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 45.302-1 is amended by adding paragraph (e) to read as 
follows:


45.302-1  Policy.

* * * * *
    (e) Agencies shall close out facilities contracts when Government 
production and research property is no longer required for the 
performance of Government contracts or subcontracts, unless closeout is 
not in the best interest of the Government. The contractor is not 
allowed to extend the time for use of property provided under the 
facilities contract without Government authorization.

[FR Doc. 94-6896 Filed 3-25-94; 8:45 am]
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