81_FR_86145 81 FR 85916 - Government Property-USAID Reporting Requirements

81 FR 85916 - Government Property-USAID Reporting Requirements

AGENCY FOR INTERNATIONAL DEVELOPMENT

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85916-85917
FR Document2016-28338

The U.S. Agency for International Development (USAID) seeks public comment on a proposed rule that would amend the USAID Acquisition Regulation (AIDAR) clarifying accountability for all mobile Information Technology equipment provided as government-furnished property by Government officials.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016) 
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Proposed Rules]
[Pages 85916-85917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28338]



[[Page 85916]]

=======================================================================
-----------------------------------------------------------------------

AGENCY FOR INTERNATIONAL DEVELOPMENT

48 CFR Part 752

RIN 0412-AA85


Government Property--USAID Reporting Requirements

AGENCY: U.S. Agency for International Development.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Agency for International Development (USAID) seeks 
public comment on a proposed rule that would amend the USAID 
Acquisition Regulation (AIDAR) clarifying accountability for all mobile 
Information Technology equipment provided as government-furnished 
property by Government officials.

DATES: Comments must be received no later than January 30, 2017.

ADDRESSES: Address all comments concerning this proposed rule to Carol 
Ketrick, Bureau for Management, Office of Acquisition and Assistance, 
Policy Division (M/OAA/P), Room 867F, SA-44, Washington, DC 20523-2052. 
Submit comments, identified by title of the action and Regulatory 
Information Number (RIN) by any of the following methods:
    1. Through the Federal eRulemaking Portal at http://www.regulations.gov by following the instructions for submitting 
comments.
    2. By Email: Submit electronic comments to [email protected]. See 
SUPPLEMENTARY INFORMATION for file formats and other information about 
electronic filing.
    3. By Mail addressed to: USAID, Bureau for Management, Office of 
Acquisition & Assistance, Policy Division, Room 867-F, SA-44, 
Washington, DC 20523-2052.

FOR FURTHER INFORMATION CONTACT: Carol Ketrick, Telephone: 202-567-4676 
or Email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Instructions

    All comments must be in writing and submitted through one of the 
methods specified in the ADDRESSES section above. All submissions must 
include the title of the action and RIN for this rulemaking. Please 
include your name, title, organization, postal address, telephone 
number, and email address in the text of the message.
    Comments submitted by email must be included in the text of the 
email or attached as a PDF file. Please avoid using special characters 
and any form of encryption. Please note that USAID recommends sending 
all comments to the Federal eRulemaking Portal because security 
screening precautions have slowed the delivery and dependability of 
surface mail to USAID/Washington.
    Three days after receipt of a comment and until finalization of the 
action, all comments will be made available at http://www.regulations.gov for public review without change, including any 
personal information provided. We recommend you do not submit 
information that you consider Confidential Business Information (CBI) 
or any information that is otherwise protected from disclosure by 
statute.
    USAID will only address comments that explain why the rule would be 
inappropriate, ineffective, or unacceptable without a change. Comments 
that are insubstantial or outside the scope of the rule may not be 
considered.

B. Background

    The Federal Government has been taking proactive steps to improve 
management and oversight of IT equipment especially in light of recent 
federal cybersecurity incidents. As part of a larger Agency effort to 
strengthen and clarify existing policy and procedures for 
accountability of all USAID Information Technology (IT) equipment and 
access to agency facilities and information systems, USAID is 
clarifying the requirements in the clause in the AIDAR at Sec.  
752.245-70, Government Property--USAID reporting requirements. While 
the clarifications are minor in nature, the entire clause at Sec.  
752.245-70 is being replaced at this time to correct formatting.
    As stated in the clause at Sec.  752.245-70, government-furnished 
property includes personal property furnished either prior to or during 
the performance of the 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. Instead of 
requiring designation of mobile IT as accountable on a case-by-case 
basis, the clause is being 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. Mobile IT 
equipment includes, but is not limited to, mobile phones (e.g. 
smartphones), laptops, tablets, and encrypted devices. The format of 
the required Annual Report of Government Property in Contractor's 
Custody is corrected to read that all accountable government-furnished 
property must be reported.

C. Regulatory Planning and Review

    This rule has been determined to be ``nonsignificant'' under 
Executive Order 12866, Regulatory Planning and Review, dated September 
30, 1993 and, therefore, is not subject to review.
    This rule is not a major rule under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    The proposed rule does not 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. Therefore, an Initial 
Regulatory Flexibility Analysis has not been performed.
    E. The proposed 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 752

    Government procurement.

    For the reasons discussed in the preamble, USAID proposes to amend 
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:

    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 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 (XXX 2016)
    (a)(1) The term Government-furnished property, wherever it appears 
in the following clause, shall mean (1) non-expendable personal 
property owned by or leased to the U.S. Government and furnished to the 
contractor, and (2)

[[Page 85917]]

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, either 
provided as government furnished property, or acquired by the 
contractor, title to which vests in the U.S. Government, are considered 
accountable.
    (2) The term Government property, wherever it appears in the 
following clause, shall mean Government-furnished property and non-
expendable personal property title to which vests in the U.S. 
Government under this contract, including ``Contractor-acquired 
Property'' title to which vests with the U.S. Government. 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--
                                             Motor vehicles       ---------------------------------------------------------- Other  government  property
                                                                              Office                  Living quarters
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. Value of property as of last       ...........................  ...........................  ...........................  ...........................
 report.
B. Transactions during this           ...........................  ...........................  ...........................  ...........................
 reporting period.
    1. Acquisitions (add):..........  ...........................  ...........................  ...........................  ...........................
        a. Contract acquired          ...........................  ...........................  ...........................  ...........................
         property \1\.
        b. Transferred from USAID     ...........................  ...........................  ...........................  ...........................
         \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.
                                                 Years                        Years                        Years                        Years
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ Government-furnished property listed in this contract as nonexpendable or accountable.
\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---------------------------------------------------
Name-------------------------------------------------------------------
Title------------------------------------------------------------------
Date-------------------------------------------------------------------

    Dated: October 20, 2016.
Roy Plucknett,
Chief Acquisition Officer.
[FR Doc. 2016-28338 Filed 11-28-16; 8:45 am]
BILLING CODE 6116-01-P

85916 Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Proposed Rules AGENCY FOR INTERNATIONAL recommends sending all comments to Property in Contractor’s Custody is DEVELOPMENT the Federal eRulemaking Portal because corrected to read that all accountable security screening precautions have government-furnished property must be 48 CFR Part 752 slowed the delivery and dependability reported. RIN 0412–AA85 of surface mail to USAID/Washington. Three days after receipt of a comment C. Regulatory Planning and Review Government Property—USAID and until finalization of the action, all This rule has been determined to be Reporting Requirements comments will be made available at ‘‘nonsignificant’’ under Executive Order http://www.regulations.gov for public 12866, Regulatory Planning and Review, AGENCY: U.S. Agency for International review without change, including any dated September 30, 1993 and, Development. personal information provided. We therefore, is not subject to review. ACTION: Proposed rule. recommend you do not submit This rule is not a major rule under 5 information that you consider U.S.C. 804. SUMMARY: The U.S. Agency for Confidential Business Information (CBI) International Development (USAID) D. Regulatory Flexibility Act or any information that is otherwise seeks public comment on a proposed protected from disclosure by statute. The proposed rule does not have a rule that would amend the USAID USAID will only address comments significant economic impact on a Acquisition Regulation (AIDAR) that explain why the rule would be substantial number of small entities clarifying accountability for all mobile inappropriate, ineffective, or within the meaning of the Regulatory Information Technology equipment unacceptable without a change. Flexibility Act, 5 U.S.C. 601, et seq. provided as government-furnished Comments that are insubstantial or Therefore, an Initial Regulatory property by Government officials. outside the scope of the rule may not be Flexibility Analysis has not been DATES: Comments must be received no considered. performed. later than January 30, 2017. E. The proposed rule clarifies but B. Background ADDRESSES: Address all comments does not establish a new collection of The Federal Government has been information that requires the approval concerning this proposed rule to Carol taking proactive steps to improve of the Office of Management and Budget Ketrick, Bureau for Management, Office management and oversight of IT of Acquisition and Assistance, Policy under the Paperwork Reduction Act (44 equipment especially in light of recent U.S.C. chapter 35). Division (M/OAA/P), Room 867F, SA– federal cybersecurity incidents. As part 44, Washington, DC 20523–2052. of a larger Agency effort to strengthen List of Subjects in 48 CFR Part 752 Submit comments, identified by title of and clarify existing policy and Government procurement. the action and Regulatory Information procedures for accountability of all Number (RIN) by any of the following For the reasons discussed in the USAID Information Technology (IT) preamble, USAID proposes to amend 48 methods: equipment and access to agency 1. Through the Federal eRulemaking CFR Chapter 7 as set forth below: facilities and information systems, Portal at http://www.regulations.gov by USAID is clarifying the requirements in following the instructions for submitting PART 752—SOLICITATION the clause in the AIDAR at § 752.245– PROVISIONS AND CONTRACT comments. 70, Government Property—USAID 2. By Email: Submit electronic CLAUSES reporting requirements. While the comments to cketrick@usaid.gov. See clarifications are minor in nature, the ■ 1. The authority citation for 48 CFR SUPPLEMENTARY INFORMATION for file entire clause at § 752.245–70 is being part 752 continues to read as follows: formats and other information about replaced at this time to correct electronic filing. Authority: Sec. 621, Pub. L. 87–195, 75 formatting. Stat. 445, (22 U.S.C. 2381) as amended; E.O. 3. By Mail addressed to: USAID, As stated in the clause at § 752.245– 12163, Sept. 29, 1979, 44 FR 56673; and 3 Bureau for Management, Office of 70, government-furnished property CFR 1979 Comp., p. 435. Acquisition & Assistance, Policy includes personal property furnished Division, Room 867–F, SA–44, ■ 2. Revise 752.245–70 to read as either prior to or during the Washington, DC 20523–2052. follows: performance of the contract by any U.S. FOR FURTHER INFORMATION CONTACT: Government accountable officer to the 752.245–70 Government property—USAID Carol Ketrick, Telephone: 202–567– contractor for use in connection with reporting requirements. 4676 or Email: cketrick@usaid.gov. performance of this contract and USAID contracts, except those for SUPPLEMENTARY INFORMATION: identified by such officer as commercial items, must contain the accountable. Instead of requiring following preface and reporting A. Instructions designation of mobile IT as accountable requirement as additions to the All comments must be in writing and on a case-by-case basis, the clause is appropriate Government Property clause submitted through one of the methods being amended to clarify that all mobile prescribed by (48 CFR) FAR 45.107, per specified in the ADDRESSES section Information Technology (IT) equipment a GAO audit recommendation. above. All submissions must include the is identified as accountable. This Preface: to be inserted preceding the title of the action and RIN for this includes both mobile IT equipment that text of the FAR clause. rulemaking. Please include your name, is USAID-owned and furnished to the jstallworth on DSK7TPTVN1PROD with PROPOSALS title, organization, postal address, contractor, as well as contractor Government Property—USAID telephone number, and email address in acquired mobile IT equipment, title to Reporting Requirements (XXX 2016) the text of the message. which vests in the U.S. Government. (a)(1) The term Government-furnished Comments submitted by email must Mobile IT equipment includes, but is property, wherever it appears in the be included in the text of the email or not limited to, mobile phones (e.g. following clause, shall mean (1) non- attached as a PDF file. Please avoid smartphones), laptops, tablets, and expendable personal property owned by using special characters and any form of encrypted devices. The format of the or leased to the U.S. Government and encryption. Please note that USAID required Annual Report of Government furnished to the contractor, and (2) VerDate Sep<11>2014 14:57 Nov 28, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\29NOP1.SGM 29NOP1

Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Proposed Rules 85917 personal property furnished either prior Government, are considered itself, does not lose its identity or to or during the performance of this accountable. become a component part of another contract by any U.S. Government (2) The term Government property, article when put into use; is durable, accountable officer to the contractor for wherever it appears in the following with an expected service life of two use in connection with performance of clause, shall mean Government- years or more; and that has a unit cost this contract and identified by such furnished property and non-expendable of more than $500. officer as accountable. All mobile personal property title to which vests in (b) Reporting Requirement: To be Information Technology (IT) equipment, the U.S. Government under this inserted following the text of the (48 including but not limited to, mobile contract, including ‘‘Contractor- CFR) FAR clause. phones (e.g. smartphones), laptops, acquired Property’’ title to which vests Reporting Requirements: The tablets, and encrypted devices, either with the U.S. Government. Non- Contractor will submit an annual report provided as government furnished expendable personal property, for on all Government property in a form property, or acquired by the contractor, purposes of this contract, is defined as and manner acceptable to USAID title to which vests in the U.S. personal property that is complete in 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. Contract acquired property 1 ............................................. b. Transferred from USAID 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 ....................... Years Years Years Years 1 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 du- rable, with an expected service life of two years or more; and that has a unit cost of more than $500. 2 Government-furnished property listed in this contract as nonexpendable or accountable. 3 Explain if transactions were not processed through or otherwise authorized by USAID. Property Inventory Verification DEPARTMENT OF TRANSPORTATION The Model State Policy builds on collective knowledge gathered from I attest that (1) physical inventories of National Highway Traffic Safety safety stakeholders, and is intended to Government property are taken not less Administration help avoid a patchwork of inconsistent frequently than annually; (2) the accountability records maintained for laws and regulations. It outlines States’ Government property in our possession are 49 CFR Chapter V roles in regulating HAVs and lays out in agreement with such inventories; and (3) model procedures and requirements for the total of the detailed accountability [Docket No. NHTSA–2016–0090], Notice 3 use by States that wish to enact laws records maintained agrees with the property governing HAVs. value shown opposite line C above, and the Federal Automated Vehicles Policy The Modern Regulatory Tools section estimated average age of each category of AGENCY: National Highway Traffic includes potential new tools and property is as cited opposite line D above. Safety Administration (NHTSA), authorities that could help NHTSA Authorized Signature llllllllll Department of Transportation (DOT). overcome the challenges and take Name llllllllllllllllll advantage of the opportunities involved ACTION: Notice of public meeting. Title llllllllllllllllll in the safe and expeditious development Date llllllllllllllllll SUMMARY: NHTSA is announcing a of HAVs. Dated: October 20, 2016. public meeting to seek input specifically Held in two distinct parts, the public Roy Plucknett, on the Model State Policy and Modern meeting in the morning session will be Regulatory Tools sections of the recently an open listening session for the Model Chief Acquisition Officer. State Policy. In the afternoon session, released Federal Automated Vehicles [FR Doc. 2016–28338 Filed 11–28–16; 8:45 am] there will be moderated panel Policy (the Policy). The Policy is jstallworth on DSK7TPTVN1PROD with PROPOSALS BILLING CODE 6116–01–P guidance that seeks to speed the discussions on the Modern Regulatory delivery of an initial regulatory Tools. All comments during the public framework for highly automated meeting will be oral. vehicles (HAVs) as well as encourage DATES: NHTSA will hold the public conformance with best practices to meeting on December 12, 2016, in guide manufacturers and other entities Arlington, VA. The meeting will start at in the safe design, development, testing, 8:30 a.m. and continue until 5 p.m. local and deployment of HAVs. time. Check-in will begin at 8 a.m. VerDate Sep<11>2014 16:42 Nov 28, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\29NOP1.SGM 29NOP1


Document Created: 2016-11-29 00:33:13
Document Modified: 2016-11-29 00:33:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received no later than January 30, 2017.
ContactCarol Ketrick, Telephone: 202-567-4676 or Email: [email protected]
FR Citation81 FR 85916 
RIN Number0412-AA85
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR