View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOD/DARC RIN: 0750-AJ11 Publication ID: Spring 2018 
Title: Use of the Government Property Clause (DFARS Case 2015-D035) 
Abstract:

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to expand the prescription for use of Federal Acquisition Regulation (FAR) clause 52.245-1, Government Property, to apply to all purchase orders for repair, maintenance, overhaul, or modification to Government property, regardless of the acquisition cost of the items to be repaired.   Currently, the FAR clause is optional for use in purchase orders for repair when the acquisition cost of the item to be repaired is less than the simplified acquisition threshold; however, acquisition cost alone is not an indicator of the criticality or sensitivity of the property.  The acquisition cost of individual items of firearms, body armor, night-vision equipment, computers, or cryptologic devices may be below the simplified acquisition threshold, but the accountability requirements for these items are fairly stringent.  Requiring the clause in all purchase orders for repair, regardless of the acquisition cost of the item to be repaired, will ensure DoD has better accountability and insight into military reparable assets. 

This rule will increase costs for contractors, including small entities, who receive purchase orders for repair of Government property, because these contractors will be required to comply with the reporting requirements associated with the Government property clause.  However, the rule also provides the contractors with the protections of the Government property clause (where the Government self-insures the property provided to the contractor), and provides DoD with better accountability for its property. 

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Regulatory 
CFR Citation: 48 CFR 245   
Legal Authority: 41 U.S.C. 1303   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/21/2016  81 FR 73002   
NPRM Comment Period End  12/20/2016 
Final Action  07/00/2018 
Final Action Effective  07/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115
Email: jennifer.l.hawes2.civ@mail.mil