[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30638]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 45

[FAC 90-23; FAR Case 90-34; Item XXXI]
RIN 9000-AE06


Federal Acquisition Regulation; Transfers of Government Property

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council (CAAC) and the Defense 
Acquisition Regulations Council (DARC) have agreed on a final rule to 
amend the Federal Acquisition Regulation (FAR) to ensure that 
Government property is transferred and documented properly. This 
regulatory action was not subject to Office of Management and Budget 
review under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

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 FAC 90-23, FAR case 90-34.

SUPPLEMENTARY INFORMATION:

A. Background

    An amendment to FAR 45.508-1, Inventories upon termination or 
completion, initiated by the DARC and subsequently approved by the 
councils, was published in the Federal Register at 55 FR 26345, June 
27, 1990, as a proposed rule, together with a request for comments. The 
purpose of the proposed rule was to ensure that Government property 
would be transferred and documented properly upon termination or 
completion of a contract. The 16 responses that were received consisted 
of 11 concurrences and no comments, and five comments.
    As a result of the comments, the following substantive changes have 
been made to the final rule:
    (1) The rule has been relocated to FAR 45.311 and a sentence has 
been added to FAR 45.603;
    (2) The language has been modified to specifically refer to 
Government-furnished property;
    (3) The language has been modified to require that transfers be 
documented by a modification to the gaining contract and a modification 
or other documentation listing all items of property transferred to the 
losing contract; and
    (4) A sentence has been added to FAR 45.603 to clarify that 
delivery of any contractor inventory includes transfers of Government-
furnished property.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., because the rule is considered a clarification of 
existing Government policy and does not impose burdens on the small 
business community.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR part 45 is 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 45.311 is added to read as follows:


45.311  Providing Government property by transfer.

    Government property shall be transferred only if there is a 
requirement under the gaining contract. Transfers of Government 
property, as Government-furnished property, shall be documented by a 
modification to the gaining contract. A modification or other 
documentation listing all items of property transferred is required for 
the losing contract.
    3. Section 45.603 is amended in the introductory paragraph by 
adding a new sentence after the first sentence to read as follows:


45.603  Disposal methods.

    * * * This includes transfers of Government property to another 
Government contract. * * *
* * * * *

[FR Doc. 94-30638 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P