[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]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
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.
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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
equipment.
DATES: Effective date: April 6, 2018.
FOR FURTHER INFORMATION CONTACT: Carol Ketrick, Telephone: 202-567-4676
or Email: [email protected].
SUPPLEMENTARY INFORMATION:
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
follows:
Comment: The respondent suggested alternative clarifying revisions
to the language in AIDAR section 752.245-70. Specifically, the comment
stated:
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
reported.
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.
804.
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:
PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 752 continues to read as
follows:
[[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.
0
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]
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Furniture and furnishings-- Other
Motor vehicles ---------------------------------- Government
Office Living quarters property
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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
purchased
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
property
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Years Years Years Years
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\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---------------------------------------------------
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Title------------------------------------------------------------------
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(End of clause)
Dated: February 15, 2018.
Mark Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2018-04498 Filed 3-6-18; 8:45 am]
BILLING CODE 6116-01-P