[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Proposed Rules]
[Pages 29650-29655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14460]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1545 and 1552

[EPA-HQ-OARM-2008-0817; FRL-8906-4]


EPAAR Prescription and Clauses--Government Property--Contract 
Property Administration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA 
Acquisition Regulation (EPAAR) to update policy, procedures, and 
contract clauses. The proposed rule consolidates the EPAAR physical 
property clauses (Decontamination, Fabrication, and Government 
Property), re-designates the prescription number in the data clause, 
and updates the roles and responsibilities of the contractor, DCMA and 
CPC.

DATES: Comments must be received on or before July 23, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2008-0817, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1753.
     Mail: EPA-HQ-OARM-2008-0817, OEI Docket, Environmental 
Protection Agency, 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Please include a total of three (3) copies.
     Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20004. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2008-0817. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ''anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket, and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment, and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties, and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov, or in hard copy at the Government 
Property-Contract Property Administration Docket, EPA/DC, EPA West, 
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the EPA 
Docket Center is (202) 566-1752. This Docket Facility is open from 8:30 
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Iris Redmon, Policy, Training and 
Oversight Division, Acquisition, Policy and Training Service Center 
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-564-2644; fax number: 202-
565-2475; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI, and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket.
    Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR Part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    The Federal Acquisition Regulation (FAR) on Government Property was 
revised June 14, 2007. This revision removed the previous restriction 
on providing government property for contract performance, and gave

[[Page 29651]]

contracting officers more flexibility in their determination to provide 
property. Accordingly, in order to assist EPA contracting officers 
involved in providing Government Property and contract property 
administration, it is necessary to amend the EPAAR to incorporate 
guidance on their use.
    The administrative amendments are necessary for two reasons: First, 
align Agency Government Property policy and procedures with the Federal 
Acquisition Regulation Part 45, Government Property revision; and 
second, encourage contractors to use commercial standards for managing 
and recording property.

III. Proposed Rule

    This proposed rule would make the following administrative changes 
to the government property clause prescription and clauses: (1) Re-
designate the EPAAR prescription number 1545.106 as 1545.107 and change 
the prescription reference in 1552.245-71 Government Furnished Data; 
(2) consolidate the information in 1552.245-73 Government Property (GP) 
and 1552.245-72-Fabrication or Acquisition of Nonexpendable Property 
with 1552.245-70 Decontamination; (3) change the name of 1552.245-70 
from Decontamination to Government Property; and (4) remove 1545.106 
prescription, 1552.245-73 Government Property, and 1552.245-72 
Fabrication or Acquisition of Nonexpendable Property.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed rule is not a significant regulatory action for the 
purposes of Executive Order 12866; therefore, no review is required by 
the Office of Information and Regulatory Affairs within the Office of 
Management and Budget (OMB).

B. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not contain information requirements that require the approval of OMB 
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute, unless the agency certifies that the rule will not have 
a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impact of today's proposed rule on 
small entities, ``small entity'' is defined as: (1) A small business 
that meets the definition of a small business found in the Small 
Business Act and codified at 13 CFR 121.201; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; or 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated, and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, because the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities'' 5 U.S.C. 603 
and 604. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule. Since 
providing government property will be available equally to large and 
small entities, this rule will not have a significant economic impact 
on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess 
their regulatory actions on State, local, and Tribal governments, and 
the private sector. This proposed rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and Tribal governments, in the aggregate, or the private 
sector in one year. Any private sector costs for this action relate to 
paperwork requirements and associated expenditures that are far below 
the level established for UMRA applicability. Thus, this proposed rule 
is not subject to the requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled, ``Federalism'' (64 FR 43255, 
August 10, 1999), requires EPA to develop an accountable process to 
ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have federalism 
implications.'' ``Policies that have federalism implications'' are 
defined in the Executive Order to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal Government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications, and preempts State law, unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This proposed rule would amend 
the EPAAR to provide guidance on providing government property and make 
other administrative changes. Thus, the requirements of section 6 of 
the Executive Order do not apply to this proposed rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by Tribal officials in the development of regulatory 
policies that have Tribal implications.'' ``Policies that have Tribal 
implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on

[[Page 29652]]

one or more Indian Tribes, on the relationship between the Federal 
Government and the Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.''
    This proposed rule does not have Tribal implications. It will not 
have substantial direct effects on Tribal governments, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this proposed rule.
    In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communication between EPA and Tribal governments, EPA 
specifically solicits additional comment on this proposed rule from 
Tribal officials.

G. Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23,1997) applies to 
any rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866; and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866, and it does not involve decisions on 
environmental health or safety risk.

H. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law, or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This proposed rule will use the voluntary standards and or/industry 
leading practices and standards for Government property management 
except where inconsistent with law or regulation, as stated in FAR 
52.245-1(b).

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution or Use'' (66 FR 28335 (May 22, 2001)), because it 
is not a significant regulatory action under Executive Order 12866.

List of Subjects in 48 CFR Parts 1545 and 1552

    Environmental protection, Government procurement.

    Dated: May 6, 2009.
John C. Gherardini III,
Acting Director, Office of Acquisition Management.

    Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth 
below:

PART 1545--GOVERNMENT PROPERTY

    1. The authority citation for part 1545 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

Subpart 1545.1--General

    2. Redesignate section 1545.106 as section 1545.107, and revise the 
newly redesignated section to read as follows.


Sec.  1545.107  Government property clauses.

    (a) The Contracting Officer shall insert the contract clause at 
1552.245-70:
    (1) When it is anticipated that a Contractor will use Government-
furnished or Contractor-acquired property in the cleanup of hazardous 
material as defined in Federal Standard No. 313, or, the toxic 
chemicals listed 40 CFR 372.65, in the environment.
    (2) In all cost-type solicitations and contracts regardless of 
whether Government property is initially provided, and in all fixed-
price solicitations and contracts whenever Government-furnished 
property is provided.
    (b) The Contracting Officer shall insert the contract clause at 
1552.245-71, Government-Furnished Data, in any contract in which the 
Government is to furnish data to the Contractor. The data to be 
provided shall be identified in the clause.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. The authority citation for part 1552 continues to read as 
follows:

    Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 
40 U.S.C. 486(c); and 41 U.S.C. 418b.

Subpart 1552.2--Texts of Provisions and Clauses

    5. Revise section 1552.245-70 to read as follows:


Sec.  1552.245-70  Government property.

    As prescribed in 1545.107(a), insert a clause substantially the 
same as follows:

Government Property

    (a) The contractor shall not fabricate or acquire, on behalf of the 
Government, either directly or indirectly through a subcontract, any 
item of property without prior written approval from the Contracting 
Officer. If the Contracting Officer authorizes the contractor to 
acquire and/or fabricate equipment for use in the performance of this 
contract, the equipment shall be subject to the provisions of the 
``Government Property'' clause and listed on the contract via contract 
modification.
    (b) If the Government provides item(s) of Government property to 
the contractor for use in the performance of this contract, this 
property shall be used and maintained by the contractor in accordance 
with the provisions of the ``Government Property'' clause.
    The ``EPA Contract Property Administration Requirements'' provided 
below apply to this contract.

U.S. Environmental Protection Agency

Contract Property Administration Requirements (CPAR)
    1. Purpose. This document sets forth the requirements for the U.S. 
Environmental Protection Agency (EPA) contractors performing Government 
property management responsibilities under EPA contracts. These 
requirements supplement those contained in the Government Property 
clause(s) and Part 45 Government Property of the Federal Acquisition 
Regulation (FAR).
    2. Contract Property Administration (CPAR).
    a. EPA Delegation. EPA delegates all contract property 
administration to the EPA Contract Property Coordinator

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(CPC). The delegations apply to all EPA contracts issued with or that 
have the potential to receive, purchase or acquire Government Property 
or include the Government Property clauses. In addition to 
administering all contract property, the CPC provides technical 
expertise and assistance to the Contracting Officer (CO) and 
Contracting Officer Technical Representative (COTR) relative to 
Government Property.
    b. DCMA Re-delegation. The CPC may re-delegate contract property 
management oversight to the Defense Contract Management Agency (DCMA) 
for property administration and plant clearance. Upon acceptance of the 
delegation, DCMA will provide notification to the contractor 
identifying the assigned property administrator (PA) and plant 
clearance officer (PLCO). The DCMA PA is available to the contractor 
for assistance in all matters of property administration.
    Notwithstanding the delegation, as necessary, the contractor may 
contact the EPA CO. In the event of a disagreement between the 
contractor and the DCMA PA, the contractor should seek resolution from 
the CO. Unless otherwise directed in the contract, or this document, 
all originals of written information or reports, except direct 
correspondence between the contractor and the DCMA PA, relative to 
Government property, should be forwarded to the administrative CO 
assigned to this contract and the CPC.
    c. Disagreements. Notwithstanding the delegation (s), as necessary, 
the contractor may contact the CO. In the event of a disagreement 
between the contractor and the PA or the CPC the contractor should seek 
resolution from the CO.
    3. Requests for Government Property.
    In accordance with FAR 45.102, the contractor shall furnish all 
property required for performing Government contracts. If a contractor 
believes that Government property is required for performance of the 
contract, the contractor shall submit a written request to the CO. At a 
minimum, the request shall contain the following elements:
    a. Contract number for which the property is required.
    b. An item(s) description, quantity and estimated cost.
    c. Certification that no like contractor property exists which 
could be utilized.
    d. A detailed description of the task-related purpose of the 
property.
    e. Explanation of negative impact if property is not provided by 
the Government.
    f. Lease versus purchase analysis shall be furnished with the 
request to acquire property on behalf of the Government, with the 
exception of requests for material purchases. The contractor may not 
proceed with acquisition of property on behalf of the Government until 
receipt of written authorization from the Contracting Officer.
    4. Transfer of Government Property. When the contractor receives 
Government Property (GP), the contractor should receive, from the 
transferor, (either EPA or another contractor) all of the applicable 
data elements (Attachment 1 of this clause) needed to maintain the 
required records. Prior to signing an acceptance document for the 
property, the receiving contractor should perform a complete inventory 
of the property. Responsibility, as well as accountability, passes with 
the signed acceptance, in accordance with FAR 45.106. When, at the 
written direction of the CO, via contract modification, the contractor 
transfers Government Property to another contractor, or another Agency, 
the contractor shall provide the applicable data elements (Attachment 1 
of this clause).
    5. Records of Government Property.
    a. In accordance with FAR 52.245-1, the contractor shall create and 
maintain records of all Government property, regardless of value, 
including property provided to and in the possession of a 
subcontractor. Material provided by the Government or acquired by the 
contractor and billed as a direct charge to the contract is Government 
property and records must be established as such.
    b. The Contractor shall identify all Superfund property and 
designate it as such both on the item and on the Government property 
record. If it is not practicable to tag the item, the contractor shall 
write the ID number on a tag, card or other entity that may be kept 
with the item or in a file.
    c. Support documentation used for posting entries to the property 
record shall provide complete, current and auditable data. Entries 
shall be posted to the record in a timely manner following an action.
    d. For Government vehicles, in addition to the data elements 
required by EPA, the contractor shall also comply with the General 
Services Administration (GSA) and Department of Energy (DOE) record and 
report requirements supplied with all EPA provided motor vehicles. If 
the above requirements were not provided with the vehicle, the 
contractor shall notify the designated CPC and the Fleet Manager.
    e. When Government property is disclosed to be in the management 
and/or control of the contractor but not provided under any contract, 
the contractor shall record and report the property in accordance with 
FAR 52.245-1.
    6. Inventories of Government Property. The contractor shall conduct 
a complete physical inventory of EPA property at least once per year. 
The contractor shall report the results of the inventory, including any 
discrepancies, to the CO. Reconciliation of discrepancies shall be 
completed in accordance with the schedule negotiated with the CO. See 
section 10 herein, Contract Closeout, for information on final 
inventories.
    7. Reports of Government Property. EPA requires an annual summary 
report, for each contract, by contract number, of Government property 
in the contractor's possession. The annual summary is due as of 
September 30th of each year, and upon contract termination or 
expiration.
    a. For each classification listed on the EPA Property Report form, 
with the exception of material, the contractor shall provide the total 
acquisition cost and total quantity. If there are zero items in a 
classification, or if there is an ending balance of zero, the 
classification must be listed with zeros in the quantity and 
acquisition cost columns.
    b. For material, the contractor shall provide the total acquisition 
cost only.
    c. Property classified as Plant Equipment, Superfund and Special 
Test Equipment must be reported on two separate lines. The first line 
shall include the total acquisition cost and quantity of all items or 
systems with a unit acquisition cost of $25,000 or more. The second 
line shall include the total acquisition cost and quantity of all items 
with a unit acquisition cost of less than $25,000.
    d. For items comprising a system, which is defined as ``a group of 
interacting items functioning as a complex whole,'' the contractor may 
maintain the record as a system noting all components of the system 
under the main component or maintain individual records for each item. 
However, for the annual report of Government property the components 
must be reported as a system with one total dollar amount for the 
system, if that system total is $25,000 or more.
    e. The reports are to be received at EPA by the CPC by October 5th 
of each year.
    f. Distribution shall be as follows:
    Original to: CPC.
    One copy: CO.
    g. Contractors are required to comply with GSA and DOE special 
reporting requirements for motor vehicles. A statement of these 
requirements will be

[[Page 29654]]

provided by the EPA Facility Management and Services Division (FMSD) 
concurrent with receipt of each vehicle.
    h. The contractor shall provide detailed reports on an as-needed 
basis, as may be requested by the CO or the CPC.
    8. Disposition of Government Property. The disposition process is 
composed of three distinct phases: Identification, reporting, and final 
disposition.
    a. Identification. The disposition process begins with the 
contractor identifying Government property that is no longer required 
for contract performance. Effective contract property management 
systems provide for identification of excess as it occurs. Once 
Government property has been determined to be excess to the accountable 
contract, it must be screened against the contractor's other EPA 
contracts for further use. If the property may be reutilized, the 
contractor shall notify the CO in writing. Government property will be 
transferred via contract modifications to other contracts only when the 
COs on both the current contract and the receiving contract authorize 
the transfer.
    b. Reporting.
    (i) EPA. Government property shall be reported in accordance with 
FAR 52.245-1. The Standard Form, SF 1428, Inventory Disposal Schedule, 
provides the format for reporting excess Government property. 
Instructions for completing and when to use the form may be found at 
FAR 52.245-1 (j). Forward the completed SF 1428 to the CPC. The SF 1428 
is available at http://www.arnet.gov/far/current/html/FormsStandard54.html. Superfund property must contain a Superfund 
notification and the following language must be displayed on the form: 
``Note to CO: Reimbursement to the EPA Superfund is required.''
    (ii) DCMA. If the EPA contract has been re-delegated to DCMA, the 
excess items will be entered into the Plant Clearance Automated 
Reutilization Screening System (PCARSS). Access and information 
pertaining to this system may be addressed to the DCMA Plant Clearance 
Officer (PLCO).
    c. Disposition Instructions.
    (i) Retention. When Government property is identified as excess, 
the CO may direct the contractor in writing to retain all or part of 
the excess Government Property under the current contract for possible 
future requirements.
    (ii) Return to EPA. When Government property is identified as 
excess, the CO may direct the contractor in writing to return those 
items to EPA inventory. The contractor shall ship/deliver the property 
in accordance with the instructions provided by the CO.
    (iii) Transfer. When Government property is identified as excess, 
the CO may direct the contractor in writing to transfer the property to 
another EPA contractor. The contractor shall transfer the property by 
shipping it in accordance with the instructions provided by the CO. To 
effect transfer of accountability, the contractor shall provide the 
recipient of the property with the applicable data elements set forth 
in Attachment 1 of this clause.
    (iv) Sale. If GSA or the DCMA PLCO conducts a sale of the excess 
Government property, the contractor shall allow prospective bidders 
access to property offered for sale.
    (v) Abandonment. Abandoned property must be disposed of in a manner 
that does not endanger the health and safety of the public.
    If the contract is delegated to DCMA and the contractor has input 
EPA property into the PCARSS system, the EPA Property Utilization 
Officer (PUO) shall notify the CO. The CO shall notify the contractor 
in writing of those items EPA would like to retain, have returned or 
transferred to another EPA contractor. The contractor shall notify the 
DCMA PLCO and request withdrawal of those items from the inventory 
schedule.
    The contractor shall update the Government property record to 
indicate the disposition of the item and to close the record. The 
contractor shall also obtain either a signed receipt or proof of 
shipment from the recipient.
    The contractor shall notify the CO when all actions pertaining to 
disposition have been completed. The contractor shall complete an EPA 
Property report with changes, to include supporting documentation of 
completed disposition actions and submit it to the CPC.
    9. Decontamination. In addition to the requirements of the 
''Government Property'' clause and prior to performing disposition of 
any EPA Government Property, the contractor shall certify in writing 
that the property is free from contamination by any hazardous or toxic 
substances.
    10. Contract Closeout. The contractor shall complete a physical 
inventory of all Government property at contract completion and the 
results, including any discrepancies, shall be reported to the CO. If 
the contract is delegated to DCMA, the physical inventory report will 
be submitted to the EPA CO and a copy submitted to the DCMA PA.
    In the case of a terminated contract, the contractor shall comply 
with the inventory requirements set forth in the applicable termination 
clause. The results of the inventory, as well as a detailed inventory 
listing, must be forwarded to the CO and if delegated, a copy to the 
DCMA PA.
    In order to expedite the disposal process, contractors may be 
required to, or may elect to submit to the CPC, an inventory schedule 
for disposal purposes up to six (6) months prior to contract 
completion. If such an inventory schedule is prepared, the contractor 
must indicate the earliest date that each item may be disposed. The 
contractor shall update all property records to show disposal action. 
The contractor shall notify the CO, and, if delegated, the DCMA PA, in 
writing, when all work has been completed under the contract and all 
Government property accountable to the contract has been disposed. The 
contractor shall complete a FINAL EPA Property report with all 
supporting documentation to the CPC.

Attachment 1

    Required Data Element--In addition to the requirements of FAR 
52.245-1(f)(vi), Reports of Government Property, the contractor is 
required to maintain, and report the following data elements for EPA 
Government property (all elements are not applicable to material):
    Name and address of the administrative Contracting Officer.
    Name of the contractor representative.
    Business type.
    Name and address of the contract property coordinator.
    Superfund (Yes/No).
    No. of Subcontractor/Alternate Locations.

    Note: For items comprising a system which is defined as ``a 
group of interacting items functioning as a complex whole,'' the 
contractor may maintain the record as a system noting all components 
of the system under the main component or maintain individual 
records for each item. However, for the Annual Report of Government 
Property, the components must be reported as a system with one total 
dollar amount for the system, if that system total is $25,000 or 
more.


(End of clause.)
    6. Revise section 1552.245-71 to read as follows:


Sec.  1552.245-71  Government-furnished data.

    As prescribed in 1545.107 (b), insert the following contract clause 
in any contract that the Government is to furnish the Contractor data. 
Identify in the clause the data to be provided.

[[Page 29655]]

Government-Furnished Data

    (a) The Government shall deliver to the Contractor the Government-
furnished data described in the contract. If the data, suitable for its 
intended use, is not delivered to the Contractor, the Contracting 
Officer shall equitably adjust affected provisions of this contract in 
accordance with the ''Changes'' clause when:
    (1) The Contractor submits a timely written request for an 
equitable adjustment; and
    (2) The facts warrant an equitable adjustment.
    (b) Title to Government-furnished data shall remain in the 
Government.
    (c) The Contractor shall use the Government-furnished data only in 
connection with this contract.
    (d) The following data will be furnished to the Contractor on or 
about the time indicated:

(End of clause.)


Sec.  1552.245-72 and Sec.  1552.245-73  [Removed]

    7. Remove sections 1552.245-72 and 1552.245-73.

[FR Doc. E9-14460 Filed 6-22-09; 8:45 am]
BILLING CODE 6560-50-P