Reporting of Government Property Lost, Stolen, Damaged, or Destroyed (DFARS Case 2008-D049)

Summary:

DCN 20110202 includes a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to report loss of Government property to the Defense Contract Management Agency (DCMA) eTools application.

Supplementary Information:

I. Background

Section This final rule provides a clause at DFARS 252.245-7002, Reporting Loss of Government Property, that requires DoD contractors to report the loss, theft, damage, and destruction of Government property to the DCMA eTools application.

The final rule changes—

•  DFARS 245.102(4), Policy, to make editorial changes to remove subparagraphs that unnecessarily duplicate language contained in the clause at 252.245-7002, Reporting Loss of Government Property. This paragraph has been redesignated as 245.102(5).

•  DFARS 245.107(2), Contract clauses, to correct the prescription for use of the clause at 252.245-7002, Reporting Loss of Government Property, by removing the reference to FAR 52.245-2,

•  Government Property Installation Operation Services. This paragraph has been redesignated as 245.107(c).

•  Clause 252.245-7002, Reporting Loss of Government Property, to--

ο  Revise the clause title;

ο  Change the defined term "acquisition cost" to "unit acquisition cost" and expand the definition to include contractor-acquired property;

ο  Revise the definition for "Government property" to state that the term is defined in the clause at FAR 52.245-1, Government Property;

ο  Add a new definition for "loss of Government property";

ο  Revise the paragraph (b) title and (b)(1) to accommodate the new definition of "Loss of Government property".

o  Revise paragraph (b)(1) to add the word "unit" to reflect that reporting value shall be at "unit acquisition cost," and to provide an updated Web page for accessing the eTools application;

•  Revise paragraph (b)(3) to make editorial and format changes;

•  Revise paragraph (b)(4) to make editorial changes and to delete reference to two specific property clauses and instead state that the reporting requirements do not change any other liability or other reporting requirement that may exist under the contract.

II. Discussion and Analysis

Three respondents submitted four comments on the proposed rule, which was published at 75 FR 22729 on April 30, 2010. Comments were due June 29, 2010.

A discussion of the comments received is available here.

Dates:

The Effective Date for this final rule is 2 February 2011.

Click here to read the entire Federal Register notice for this rule.