83 FR 9712 - USAID Acquisition Regulation (AIDAR) Regarding Government Property-USAID Reporting Requirements

AGENCY FOR INTERNATIONAL DEVELOPMENT

Federal Register Volume 83, Issue 45 (March 7, 2018)

Page Range		9712-9713
FR Document		2018-04498
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.
Federal Register, Volume 83 Issue 45 (Wednesday, March 7, 2018)
[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Rules and Regulations]
[Pages 9712-9713]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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]

----------------------------------------------------------------------------------------------------------------
                                                                  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
         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\ 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---------------------------------------------------

Name-------------------------------------------------------------------

Title------------------------------------------------------------------

Date-------------------------------------------------------------------

    (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
9712 Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Rules and Regulations

PART 180—[AMENDED] AGENCY FOR INTERNATIONAL Government property, . . . , shall
DEVELOPMENT mean Government-furnished property,
■ 1. The authority citation for part 180 non-expendable personal property title
continues to read as follows: 48 CFR Part 752 to which vests in the U.S. Government,
Authority: 21 U.S.C. 321(q), 346a and 371. and all contractor acquired mobile IT
RIN 0412–AA85
equipment’’) or by updating the
■ 2. In § 180.627: definition of non-expendable personal
■ a. In the table to paragraph (a): USAID Acquisition Regulation (AIDAR)
Regarding Government Property— property to include mobile IT
■ i. Add alphabetically the entries
USAID Reporting Requirements equipment regardless of service life or
‘‘Basil, dried leaves’’; ‘‘Basil, fresh
unit cost (‘‘Non-expendable personal
leaves’’; ‘‘Bean, moth, succulent’’; AGENCY: U.S. Agency for International property, for purposes of this contract,
‘‘Bean, runner, succulent’’; ‘‘Bean, snap, Development. is defined as personal property . . . and
succulent’’; ‘‘Bean, wax, succulent’’;
ACTION: Final rule. that has a unit cost of more than $500.
‘‘Bean, yardlong, succulent’’; ‘‘Citrus,
Non-expendable personal property
dried pulp’’; ‘‘Citrus, oil’’; ‘‘Fruit, citrus, SUMMARY: The U.S. Agency for includes mobile IT equipment
crop group 10–10’’; and ‘‘Fruit, small, International Development (USAID) is regardless of expected service life or
vine climbing, except fuzzy kiwifruit, issuing a final rule to amend the USAID unit cost’’).
subgroup 13–07F’’; Acquisition Regulation (AIDAR) that
■ ii. Remove the entry for ‘‘Grape’’;
Response: The comment was
clarifies accountability for all mobile considered and revisions have been
■ iii. Add alphabetically the entry Information Technology equipment.
‘‘Hop, dried cones’’; made to this final AIDAR rule.
DATES: Effective date: April 6, 2018. The format of the required Annual
■ iv. Remove the entry for ‘‘Potato,
processed potato waste 1 ’’; FOR FURTHER INFORMATION CONTACT: Report of Government Property in
■ v. Add alphabetically the entry Carol Ketrick, Telephone: 202–567– Contractor’s Custody is corrected to read
‘‘Vegetable, fruiting, crop group 8–10’’; 4676 or Email: cketrick@usaid.gov. that all mobile IT equipment is
and SUPPLEMENTARY INFORMATION: accountable and must be reported. The
■ vi. Remove the entries for ‘‘Vegetable, format of the required Annual Report of
I. Background Government Property in the Contractor’s
fruiting, group 8’’ and ‘‘Vegetable,
tuberous and corm, subgroup 1C 1 ’’ and On November 29, 2016, USAID Custody is corrected to read that all
footnote 1 of the table. published a proposed rule at 81 FR Contractor acquired mobile IT
■ b. Revise paragraph (b). 85916 revising the Agency for equipment must be reported.
The additions and revision read as International Development Acquisition III. Regulatory Planning and Review
follows: Regulation (AIDAR) to strengthen and
clarify existing policy and procedures This rule is not an E.O. 13771
§ 180.627 Fluopicolide; tolerances for for accountability of all USAID mobile regulatory action because this rule is not
residues. significant under E.O. 12866 Regulatory
Information Technology (IT) equipment
(a) * * * and access to agency facilities and Planning and Review, dated September
information systems. This final rule 30, 1993. This rule is not a major rule
Parts per clarifies the reporting requirements for under 5 U.S.C. 804.
Commodity million
all mobile IT equipment in the AIDAR IV. Regulatory Flexibility Act
Basil, dried, leaves ..................... 200 clause section 752.245–70, Government
Basil, fresh leaves ...................... 40 Property—USAID reporting The rule will not have an impact on
Bean, moth, succulent ................ 0.90 requirements. The clause is amended to a substantial number of small entities
Bean, runner, succulent ............. 0.90 clarify that all mobile Information within the meaning of the Regulatory
Bean, snap, succulent ................ 0.90 Technology (IT) equipment is identified Flexibility Act, 5 U.S.C. 601, et seq.
Bean, wax, succulent ................. 0.90 as accountable. This includes both Therefore, an Initial Regulatory
Bean, yardlong, succulent .......... 0.90 Flexibility Analysis has not been
mobile IT equipment that is USAID-
owned and furnished to the contractor, performed.
* * * * * as well as contractor acquired mobile IT V. Paperwork Reduction Act
Citrus, dried pulp ........................ 0.03 equipment, title to which vests in the
Citrus, oil ..................................... 1.0 U.S. Government. The rule clarifies but does not
Fruit, citrus, crop group 10–10 ... 0.01 establish a new collection of
Fruit, small, vine climbing, ex- II. Discussion and Analysis information that requires the approval
cept fuzzy kiwifruit, subgroup One respondent submitted a comment of the Office of Management and Budget
13–07F .................................... 2.0 on the proposed rule. under the Paperwork Reduction Act (44
USAID reviewed and considered the U.S.C. chapter 35).
* * * * *
public comment in the development of
Hop, dried cones ........................ 15 List of Subjects in 48 CFR Part 75
this final rule. A discussion of the
* * * * * comment received is provided as Government procurement.
Vegetable, fruiting, crop group follows: For the reasons discussed in the
8–10 ........................................ 1.6 Comment: The respondent suggested preamble, USAID amends 48 CFR
alternative clarifying revisions to the chapter 7 as set forth below:
* * * * * language in AIDAR section 752.245–70.
daltland on DSKBBV9HB2PROD with RULES

Specifically, the comment stated: PART 752—SOLICITATION
(b) Section 18 emergency exemptions. It would be clearer if the definition of PROVISIONS AND CONTRACT
[Reserved] ‘‘government property’’ in (a)(2) was CLAUSES
* * * * * updated to include contractor acquired
[FR Doc. 2018–04533 Filed 3–6–18; 8:45 am] mobile IT equipment. Either by ■ 1. The authority citation for 48 CFR
BILLING CODE 6560–50–P updating the clause itself (‘‘The term part 752 continues to read as follows:

VerDate Sep<11>2014 16:31 Mar 06, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\07MRR1.SGM 07MRR1
Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Rules and Regulations 9713

Authority: Sec. 621, Pub. L. 87–195, 75 expendable personal property owned by expendable personal property title to
Stat. 445, (22 U.S.C. 2381) as amended; E.O. or leased to the U.S. Government and which vests in the U.S. Government
12163, Sept. 29, 1979, 44 FR 56673; and 3 furnished to the contractor, and (ii) under this contract.
CFR 1979 Comp., p. 435.
personal property furnished either prior (3) Non-expendable personal
■ 2. Revise section 752.245–70 to read to or during the performance of this property, for purposes of this contract,
as follows: contract by any U.S. Government is defined as personal property that is
accountable officer to the contractor for complete in itself, does not lose its
752.245–70 Government property—USAID
reporting requirements.
use in connection with performance of identity or become a component part of
this contract and identified by such another article when put into use; is
USAID contracts, except those for officer as accountable. All mobile durable, with an expected service life of
commercial items, must contain the two years or more; and that has a unit
Information Technology (IT) equipment,
following preface and reporting cost of more than $500.
including but not limited to, mobile
requirement as additions to the
phones (e.g. smartphones), laptops, (b) Reporting Requirement: To be
appropriate Government Property clause
tablets, and encrypted devices provided inserted following the text of the (48
prescribed by (48 CFR) FAR 45.107, per
as government furnished property, title CFR) FAR clause.
a GAO audit recommendation.
to which vests in the U.S. Government, Reporting Requirements: The Contractor
Preface: To be inserted preceding the
are considered accountable personal will submit an annual report on all
text of the FAR clause.
property. Government property in a form and manner
Government Property—USAID (2) The term Government property, acceptable to USAID substantially as follows:
Reporting Requirements (OCT 2017) wherever it appears in the following Annual Report of Government Property in
(a)(1) The term Government-furnished clause, shall mean Government- Contractor’s Custody
property, wherever it appears in the furnished property, Contractor acquired [Name of Contractor as of (end of contract
following clause, shall mean (i) non- mobile IT equipment and non- 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 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 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 DEPARTMENT OF COMMERCE SUMMARY: NMFS is prohibiting directed
I attest that (1) physical inventories of fishing for Pacific cod by catcher vessels
Government property are taken not less National Oceanic and Atmospheric using trawl gear in the Bering Sea and
frequently than annually; (2) the Administration Aleutian Islands management area
accountability records maintained for (BSAI). This action is necessary to
Government property in our possession are 50 CFR Part 679 prevent exceeding the A season
in agreement with such inventories; and (3)
the total of the detailed accountability
apportionment of the 2018 Pacific cod
records maintained agrees with the property [Docket No. 170817779–8161–02] total allowable catch allocated to
value shown opposite line C above, and the catcher vessels using trawl gear in the
estimated average age of each category of RIN 0648–XG075 BSAI.
property is as cited opposite line D above. DATES: Effective 1200 hours, Alaska
Authorized Signature llllllllll Fisheries of the Exclusive Economic
local time (A.l.t.), March 4, 2018,
Name llllllllllllllllll Zone Off Alaska; Pacific Cod by
through 1200 hours, A.l.t., April 1,
Catcher Vessels Using Trawl Gear in
Title llllllllllllllllll 2018.
the Bering Sea and Aleutian Islands
Date llllllllllllllllll
Management Area FOR FURTHER INFORMATION CONTACT: Josh
daltland on DSKBBV9HB2PROD with RULES

(End of clause) Keaton, 907–586–7228.
Dated: February 15, 2018. AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: NMFS
Mark Walther, manages the groundfish fishery in the
Atmospheric Administration (NOAA),
Acting Chief Acquisition Officer. BSAI exclusive economic zone
Commerce.
[FR Doc. 2018–04498 Filed 3–6–18; 8:45 am] according to the Fishery Management
ACTION: Temporary rule; closure.
BILLING CODE 6116–01–P Plan for Groundfish of the Bering Sea

VerDate Sep<11>2014 16:31 Mar 06, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\07MRR1.SGM 07MRR1
Document Created: 2018-03-07 01:27:31
Document Modified: 2018-03-07 01:27:31
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective date: April 6, 2018.
Contact		Carol Ketrick, Telephone: 202-567-4676 or Email: [email protected]
FR Citation		83 FR 9712
RIN Number		0412-AA85