6720_. 6730 6740-- 6760___. ------ Drafting, Surveying and Mapping Instruments. Drafting and Lofting Ma chines, Numerically Con- Liquid and Gas Flow, Liquid Pressure, Temperature, and Humidity Measuring and Controlling Instruments. Combinations and Miscellaneous Instruments. Dynamometers. Flow-pressure Instruments. Meters, Wire and Cable Cameras, Still Pictures. Cameras, Aircraft and/or Aerial. Cameras, Microfilm. Cameras, Still Pictures. Photographic, Projection Microfile, Readers, Viewers Photographic Developing and Finishing Equipment. Driers, Photographic Plate. Printers, Contact, Photo- Tanks, Processing, Photo- Washers, Photographic Print. Photographic Equipment and Cabinets, Film Storage. Focusing Aids, Photo- Description Automatic Data Processing Systems: Industrial, Scientific and Office Types. Analog Computer Systems. Digital Computer Systems. Subpart D-Use and Rental of Government Production and Research Property § 13.401 Policy. It is the policy of the Department of Defense to put Government production and research property which is in the possession of a contractor or subcontractor to the greatest possible use in the performance of Government contracts or subcontracts, so long as such use does not confer a competitive advantage on the contractor or subcontractor contrary to the policies set forth in Subpart E of this part. § 13.402 to Authorizing a contractor use Government production and research property without charge. (a) A contractor may use Government production and research property without charge: (1) In the performance of (i) Prime contracts which specifically authorize use without charge; (ii) Subcontracts of any tier if the contracting officer having cognizance over the prime contract concerned has authorized use without charge by: (a) Approving a subcontract specifically authorizing such use; (b) Including such authorization in the prime contract; or (c) By otherwise approving such use in writing; (iii) Contracts of foreign government if use without charge has been authorized in writing pursuant to § 13.406; or (iv) Research, development, or educational work by non-profit organizations if the contracting officer having cognizance of such property approves such use in writing after obtaining the authorization required by § 13.407; (2) Provided, as to subparagraph (1) (1) and (li) of this paragraph: (i) The procedures set forth in Subpart E of this part are complied with; (ii) The contracting officer having cognizance of the prime contract determines that the Government will receive adequate consideration for the use of the property through reduced costs for the supplies or services or otherwise; and (iii) A concurrence in the proposed use of the property in accordance with paragraphs (b) and (c) of this section is obtained. (b) (1) A contracting officer desiring to authorize use of Government production and research property under the cognizance of another contracting officer may request the latter to give his concurrence in such use. If concurrence is denied, the resolution procedures set forth in paragraph (c) of this section shall be employed. (2) Unless its use is authorized by the solicitation, each solicitation shall require that any contractor or subcontractor desiring to use Government production and research property in his possession in the performance of the proposed Government contract or subcontract shall request the contracting officer having cognizance of such property to give his written concurrence in such use. Such concurrence shall be given whenever possible and shall contain any information required by §§ 13.502 or 13.503. (c) If the contracting officer having cognizance of Government production and research property refuses to give the concurrence called for by paragraph (b) (2) of this section, the contractor may report the matter to the procurement contracting officer, who may then request permission of the contracting officer having cognizance over such property to authorize its use. The latter shall respond promptly to this request. In the event of a disagreement between the two contracting officers, they shall refer the matter to the heads of their respective procuring activities as promptly as may be practicable. If the latter are unable to reach agreement, they shall refer the matter to their respective higher echelons of procurement authority for resolution. Any interdepartmental issue shall be referred to the Secretaries of the Departments concerned for resolution. (d) Notwithstanding paragraph (a) of this section, a contract may be modified to provide for the use of Government production and research property on a rent-free basis, if the contract is equitably adjusted to reflect the elimination of rent and any other amount attributable thereto. [30 F.R. 1744, Feb. 9, 1965, as amended at 30 F.R. 12010, Sept. 21, 1965] § 13.403 Rental of Government production and research property. (a) When use of Government production and research property is authorized by the contracting officer having cognizance of the property, rent computed in accordance with § 13.404 shall be charged for such use except where use without charge is authorized under § 13.402. If this contracting officer refuses to grant such authorization with respect to work for the Government, the contracting officer having cognizance of the procurement may refer the matter to the higher echelons of authority referred to in § 13.402(c). (b) When Government production and research property is no longer required for the performance of Govern-ment contracts or subcontracts, it shall t not continue to be made available to a contractor solely for commercial use pursuant to this part (see § 13.301(e)). (c) Each contracting officer having cognizance of Government production and research property shall be responsible for the collection of rent thereon. § 13.404 Rental rates and policies applicable to the use of Government production and research property. (a) Except as provided below, the rent for all Government production and re-}_ search property shall be computed in accordance with the Use and Charges clause set forth in § 7.702-12 of this chapter for facilities. Rent for machine tools (Production Equipment Codes 3411-341999) and secondary metalform-⠀ ing and cutting machines (Production Equipment Codes 3441-34490) shall be based on the time such property is available for use. Rent for other classes of Government production and research property is normally charged on the same basis; however, if the Secretary concerned, or his designee, determines it to be in the best interest of the Government, rent may be charged on an actual use or other basis. In such cases, the Use and Charges clause should be appropriately modified. (b) The rental charge required by paragraph (a) of this section shall not be applicable to: (1) Wholly Government-owned plants operated by private contractors on a fee basis; (2) Items of equipment which are of such size or complexity, or have such erformance characteristics, that they resent unusual problems in relation to he time required for their preparation or shipment, installation, and preparaion for operation: Provided, That the Office of Emergency Planning has aproved the general program involving uch equipment; (3) Government production and reearch property left in place or installed n contractor-owned property for mobiization or future production purposes of he Government: Provided, That a ental charge computed in accordance with paragraph (a) of this section shall pply to so much of such property or its apacity as may be used or authorized or use; or (4) Such other Government producion and research property as may be >therwise excepted by the Office of Emerency Planning. 13.405 Non-Government use. Prior approval of the Office of Emergency Planning shall be obtained through he Assistant Secretary of Defense (Intallations and Logistics) before more han 25 percent non-Government use of Government-owned machinery and tools Production Equipment Code Nos. 3411341999 and 3441-34490) having a unit acquisition cost of $500 or more may be authorized. For purposes of this paragraph, use for a foreign government auChorized under § 13.406 is Government use. $13.406 Rent-free use of Government production and research property on work for foreign governments. (a) It is the policy of the Department of Defense to encourage the maximum easible sales of supplies manufactured or services performed in the United States to friendly foreign governments or organizations thereof. Rent-free use of Government production and research property to promote this policy should be authorized when the requirements of Daragraph (b) of this section are satisSed. Requests made for such use shall De processed as expeditiously as possible. (b) Upon the request of a foreign government, or a contractor certifying that he is acting on behalf of a foreign government, the Secretary or his designee Cognizant of Government production and esearch property located in the United States, its possessions, or Puerto Rico, may give written approval for its use without charge on contracts of foreign governments or subcontracts thereunder if: (1) The foreign government would be authorized to place the contract with the Department concerned under the Foreign Assistance Act of 1961, as amended, or such use is authorized by an agreement with the foreign government; (2) The foreign government's placement of the contract directly with the contractor is consistent with the best interest of the United States; (3) It appears that the foreign government will place the contract with the contractor whether or not such use is authorized, or that no competitive pricing advantage will accrue to the contractor by virtue of such use; (4) The contractor agrees that no charge for the use of such property will be included in the price charged the foreign government under the contract; and (5) Such use will not interfere with foreseeable requirements of the United States. § 13.407 Use of Government production and research property without charge by nonprofit organizations. The head of a procuring activity or his designee may authorize the contracting officer cognizant of Government production and research property in the possession of a nonprofit organization to approve the use of such property by such organization without charge, for research, development or educational work, if: (a) Such use is directly or indirectly in the national interest; (b) Such use is not for the direct benefit of a profit-making organization; and (c) The Government receives some direct benefit from such use (such benefit shall, at a minimum, include the furnishing of a report by the contractor on the work for which the property was provided, and may include rights to use the results of the work without charge, or any other benefit that may be appropriate). Subpart E-Competitive Advantage § 13.501 Policy. It is the policy of the Department of Defense to eliminate the competitive advantage that might otherwise arise from the acquisition or use of Govern ment production and research property. This is accomplished by charging rental or by use of rental equivalents in evaluating bids and proposals as provided in §§ 13.502 and 13.503. The only exception to this general policy is stated in § 13.505, which provides that certain costs to the Government related to providing such property to contractors shall be considered in such evaluation, regardless of any competitive advantage that may result from this exception. [30 F.R. 12010, Sept. 21, 1965] § 13.502 Advertised procurementsuse of existing Government production and research property. § 13.502-1 General. In formally advertised procurements, the competitive advantage that might otherwise accrue to a contractor from the use of existing Government production and research property shall be eliminated by adding an evaluation factor to each bid for which such use is requested, or where the use of an evaluation factor is not practical, by charging rent for such use. § 13.502-2 Procedures for use of evaluation factors. Where an evaluation factor is used, it shall be equal to the rent, allocable to the contract, which would otherwise have been charged for such use. The invitation for bids shall set forth a description of the evaluation procedure to be followed, as required by § 13.506, and it shall require all bidders to submit with their bids: (a) A list or description of all Government production and research property which the bidder or his anticipated subcontractors propose to use on a rent-free basis, including property offered for use in the invitation for bids, as well as property already in possession of the bidder and his subcontractors under other contracts; (b) With respect to such property already in possession of the bidder and his proposed subcontractors, identification of the facilities contract or other instrument under which the property is held, and the written permission of the contracting officer having cognizance of the property for use of that property; (c) The months during which such property will be available for use, which shall include the first, last, and all intervening months, and with respect to any such property which will be used con currently in performance of two or more contracts, the amounts of the respective uses in sufficient detail to support the proration required by § 13.502-3(b); (d) The amount of rent which would otherwise be charged for such use, computed in accordance with § 13.404. [30 F.R. 1744, Feb. 9, 1965, as amended at 30 F.R. 12010, Sept. 21, 1965] § 13.502-3 Limitations. (a) The invitation for bids shall provide that no use of Government production and research property other than as described and permitted pursuant to § 13.502-2 shall be authorized unless such use is approved in writing by the contracting officer cognizant of the property,' i and either rent calculated in accordance with § 13.404 is charged, or the contract= price is reduced by an equivalent amount. (b) If Government production and research property will be used on other work under one or more existing contracts for which use has been authorized (see §§ 13.402 and 13.403), the evaluation factor shall be determined by prorating the rent between the proposed contract and such other work. The pro rata share applicable to a proposed contract shall be determined by multiplying the full rental charge for the use of Government production and research property for the period for which rent-free use is requested (i.e., the full charge for the requisite number of rental periods computed in accordance with paragraph (b) (2) of the Use and Charges clause in § 7.702-12, before application of the credit for rent-free use) by a fraction the numerator of which is the amount of use of such property requested by the contractor under that contract determined in accordance with paragraph (b) (1) (iv) of the Use and Charges clause and the denominator of which is the sum of the previously authorized use of the property by the contractor for the period and the use requested under the proposed contract. [30 F.R. 1744, Feb. 9, 1965, as amended at 30 F.R. 12010, Sept. 21, 1965] § 13.502-4 Rent. If competitive advantage is to be eliminated by charging rent, any bidder or subcontractor may use Government production and research property after obtaining the written approval of each contracting officer having cognizance of such property. Rent shall be charged for such use in accordance with § 13.404. |