[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]



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 

DATES: Effective date: April 6, 2018.

FOR FURTHER INFORMATION CONTACT: Carol Ketrick, Telephone: 202-567-4676 
or Email: cketrick@usaid.gov.


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 
    Comment: The respondent suggested alternative clarifying revisions 
to the language in AIDAR section 752.245-70. Specifically, the comment 
    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 

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. 

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:


1. The authority citation for 48 CFR part 752 continues to read as 

[[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.

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
        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
                                                       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---------------------------------------------------




    (End of clause)

    Dated: February 15, 2018.
Mark Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2018-04498 Filed 3-6-18; 8:45 am]