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other equipment and manufacturing aids, and replacements thereof, which are of such a specialized nature that, without substantial modification or alteration, their use is limited to the development or production of particular supplies or parts thereof, or the performance of particular services. The term includes all components of such items.

13.109 Provide, as used in the context of such phrases as "Government property provided to the contractor" and "Government-provided property," means either to furnish, as in "Governmentfurnished property," or to acquire, as in "contractor-acquired property."

13.110 Nonseverable when related to Government production and research property, means that such property cannot be removed after erection or installation without substantial loss of value or damage thereto, or to the premises where installed.

13.111 Facilities contract means a contract under which Government facilities, and occasionally special tooling and special test equipment, are provided to a contractor or a subcontractor by the Government for use in connection with the performance of a separate contract or contracts for supplies or services. The term includes facilities acquisition contracts, facilities use contracts, and consolidated facilities contracts.

13.111-1 Facilities acquisition contract means a facilities contract which contains terms and conditions covering Government provision of facilities, either Government furnished or contractor acquired, including the cost of acquisition and installation or other work as described in the contract Schedule but does not cover the contractor's use of the facilities.

13.111-2 Facilities use contract means a facilities contract which contains terms and conditions covering the contractor's use of Government-owned facilities accountable under the contract. 13.111-3 Consolidated facilities contract means a facilities contract which provides both acquisition and use of facilities.

13.112 Facilities project means an undertaking by the Government to provide facilities to a contractor for the performance of a Government contract or subcontract or to modernize or replace facilities for the same purpose.

13.113 Related procurement contract means a Government contract or subcontract thereunder for furnishing supplies or services of any description, for the performance of which the use of facilities is or may be authorized.

13.114 Centrally reportable equipment means that plant equipment, special test equipment (including components), special tooling and non-flight space property (including ground support equipment) which is (i) generally commercially available and used as a separate item or component of a system, and (ii) is valued at $1,000 or more, and (iii) is identifiable by a manufacturer and model number.

13.115 Equipment Visibility System (EVS) means an agency data system developed to enhance the reutilization of high value equipment. The system displays information about NASA's high value equipment and its degree of utilization.

13.116 EVS Central Data Bank (CDB) means a computerized data file located at NASA Headquarters containing information about all NASA equipment costing $1,000 or more, including items on Unique Equipment Registers.

13.117 EVS Coordinator means a designated official at each NASA installation responsible for overall management and direction of EVS at his installation, and for EVS relationships between his installation and NASA Headquarters, other NASA installations, and NASA contractors. 13.118 EVS Data Center (EVSDC) means a facility at each NASA installation which inputs, receives, and acts upon EVS data.

13.119 [Reserved].

13.120 Nonprofit organization means any corporation, foundation, trust, or institution operated for scientific, educational, or medical purposes, not organized for profit, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

13.121 Approval or authorization as used in this Part means written approval and written authorization unless the context is clearly to the contrary.

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13.200 Scope of Subpart. This Subpart sets forth NASA policy with regard to Governmentowned property (as defined in 13.102) that is provided to contractors for the performance of NASA contracts.

13.201 Providing Government Property.

(a) With certain exceptions, it is the policy of NASA that contractors will furnish all property required for the performance of Government contracts. This is because providing Government property (whether Government furnished or contractor acquired) increases the Government's administrative burden and requires additional record keeping and personnel. It may dilute the contractor's overall responsibility and may weaken the effect of guarantees, end item delivery requirements, and other terms of the contract. Furnishing property places NASA between the source of the property and the contractor. When NASA assumes responsibility for scheduling delivery of the property, NASA may be responsible for certain delays.

(b) Nevertheless, there are circumstances where it may be essential to contractor performance or otherwise advantageous to NASA to provide Government property to a contractor. For example, it may be necessary for uniformity of product to provide standardized production property and raw material. Or, it may be necessary to reduce the production cycle by eliminating the lead time necessary for the contractor to acquire or fabricate production property. It may be advantageous to NASA to broaden the competitive base by offering property to firms not otherwise willing (due to risk of program cutback or cancellation) or able to acquire their own, or by offering production property or critical material not generally available throughout the industry. NASA may achieve a lower contract cost by offering existing Government property or new Government property attainable at prices lower than those available to the contractor. NASA may also provide Government property to educational or other nonprofit institutions to facilitate scientific research. When these or other circumstances offset the inherent cost and disadvantages outlined in (a) above, NASA may offer and provide Government property as follows:

(i) Government material and space property may be provided when it is in the best interest of the Government by reason of economy, standardization, the expediting of production, or other appropriate circumstances.

(ii) Government production and research property may be provided to contractors under the conditions set forth in this Subpart.

Under no circumstances will Government production and research property be provided solely for non-Government use.

(c) In any event, all decisions to provide Government property to a contractor shall be documented and approved by the contracting officer in a determination and finding which takes into consideration the factors in (a) and (b) above.

13.202 Providing Facilities.

(a) Consistent with NASA policy in 13.201, new facilities shall not be provided by the Government to a contractor where an economical, practical and appropriate alternative exists such as (1) procuring from sources not requiring Government-owned facilities, (2) requiring the contractors to make full utilization of subcontractor possessing adequate and available capacity, (3) having the contractor rent facilities from commercial sources, and (4) using existing Government-owned facilities. Further, new or existing facilities shall not be provided to contractors for expansion, replacement, modernization or other purpose except as follows:

(i) for use in a Government-owned contractor-operated plant on a fee basis; (ii) for use by on-site and local support service contractors;

(iii) for retention in a standby reserve posture for up to a one year period for an approved future NASA program or project identified to a specific requirement.

(iv) as components of special tooling or special test equipment acquired or fabricated at Government expense; or

(v) when:

(A) the Head of an installation or his designee, named in writing, determines in writing that: (1) the NASA contract cannot be fulfilled by any other practical means, or (2) it is in the public interest; and

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(B) the contractor, represented by an executive corporate official, or his equivalent in noncorporate entities, either expresses in writing his unwillingness or financial inability to acquire the necessary facilities with his resources, or explains in writing that time will not permit him to make the necessary arrangements to obtain timely delivery of such facilities to meet NASA requirements even though he is willing and financially able to acquire the facilities. In this latter case, existing Government-owned facilities (not new purchases) may be provided until the contractor purchased facilities are delivered and installed.

(b) Notwithstanding (a) above, facilities having a unit cost of less than $1,000 shall not be provided to contractors except:

(i) nonprofit institutions of higher education or other nonprofit organizations whose primary purpose is the conduct of scientific research (see 13.350-3);

(ii) contractors operating a Government-owned plant on a fee basis;

(iii) on-site and local support service contractors; or

(iv) in contracts which specifically authorize, subject to the contracting officer's approval, the contractor to either acquire or fabricate special tooling or special test equipment and components thereof.

(c) In any case, competitive solicitations shall not include an offer by the Government to provide new facilities, nor shall solicitations offer to furnish existing Government facilities that must be moved into plants of contractors unless adequate price competition cannot be otherwise obtained. In the latter case, the contractor shall be required to identify the Government-owned facilities desired to be moved into their plants.

be:

(d) The proposed acquisition of automatic data processing equipment as defined in 1.235 shall

(i) submitted on DD Form 1419 through the contracting officer to the installation's ADPE staff, for screening availability; and

(ii) approved in accordance with the provisions of NASA Handbook 2410.1B "Computer Resources Management."

13.202-1 Securing Approval of Facilities Projects.

(a) If a facilities project involves construction, expansion, modification, rehabilitation, repair or replacement of real property, facility project approval pursuant to NASA Management Delegation A7330.IB dated December 13, 1974, shall be secured prior to providing or authorizing use of Government-owned facilities.

(b) The scope and estimated cost of any facility project approved pursuant to (a) above shall not be exceeded unless approved in writing by the Director of Facilities, NASA Headquarters. 13.202-2 Using Facilities Contracts.

(a) Except as provided in 13.302-3(a), facilities shall be provided by the Government to a contractor or subcontractor only under a facilities contract.

(b) All facilities provided by NASA to a contractor or subcontractor at any one plant or general location having a cumulative value of $100,000 or more shall be accountable under a single NASA facilities contract governing use and operation of NASA facilities at that plant or general location.

(c) When facilities are provided to a contractor by more than one NASA installation under other than facilities contracts and the aggregate dollar value of the facilities exceeds $100,000, the NASA installation having the predominant amount of such facilitiesshall issue a single facilities contract which will cover the use of all the facilities.

(d) Facilities contracts, or amendments thereto, which provide facilities having a total acquisition value exceeding $500,000, or providing real property regardless of amount, are subject to the Master Buy Plan Procedure (see Part 20, Subpart 51).

13.202-3 Utilization of Inactive Equipment.

(a) In accordance with the policy set forth in 13.201, NASA will not provide contractors with new equipment unless fully justified and an economical, practical, and appropriate alternative does not exist. To implement this policy, contracting officers shall determine, in addition to the procedures prescribed in this Subpart, that:

(i) suitable equipment at the installation or in the possession of the installation's contractors is not available for loan or transfer, and

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(ii) current excess property listings promulgated by the Department of Defense and the General Services Administration have been screened, and the requirement cannot be satisfied therefrom.

(b) Prior to acquiring new centrally reportable equipment (see B.102-22), the NASA Equipment Visibility System (EVS) will be screened to ascertain whether existing Government-owned facilities can be utilized. DoD Industrial Plant Equipment Requisition (DD Form 1419) shall be submitted via the contracing officer to the applicable installation's Equipment Visibility System (EVS) coordinator for screening in accordance with 13.308, at least thirty days in advance of the contractor's intention to acquire or fabricate such equipment. In the event a certificate of nonavailability is not received from the EVS coordinator within such period, the contractor may proceed to acquire such equipment subject to any other applicable provision of the contract. When warranted by the urgency of the situation, requests for screening may be submitted to the EVS coordinator by whatever means determined expedient. Urgent screening requests shall include the data elements required by DD Form 1419. If the item is not available, the EVS coordinator will furnish a statement of nonavailability.

13.202-4 Profits and Fees.

No fee is to be provided or allowed a facilities contractor under a facilities contract.

13.203 Providing Special Test Equipment.

(a) Consistent with the NASA policy in 13.201, special test equipment shall be offered to contractors or subcontractors, including Government-owned components to be incorporated into special test equipment, when:

(i) essential to contractor performance;

(ii) advantageous to the Government; and

(iii) consideration has been given to residual use of the special test equipment.

(b) All special test equipment provided by the Government to contractors or subcontractors shall be provided in accordance with the procedures set forth in 13.303 and pursuant to either the appropriate Government Property clause contained in Subpart 7 of this Part 13 or a facilities

contract.

13.203-1 Acquisition of New Special Test Equipment.

New special test equipment may be acquired by the contractor for the Government when: (i) existing Government-owned special test equipment or components thereof will not adequately fulfill the contract requirement; and

(ii) no economical, practical and appropriate alternative exists.

13.204 Providing Special Tooling.

(a) Consistent with NASA policy in 13.201, special tooling to which the Government has title or the right to acquire title pursuant to the special tooling clause in 13.704 shall be offered to prospective contractors and subcontractors for use in performing Government contracts and subcontracts, when:

(i) essential to contractor performance;

(ii) advantageous to the Government; and

(iii) consideration has been given to residual use of the special tooling.

(b) All special tooling provided by the Government to contractors shall be provided in accordance with the procedures set forth in 13.304 and pursuant to either the appropriate Government Property clause contained in Subpart 7 of this Part 13 or a facilities contract. 13.204-1 Acquisition of New Special Tooling.

(a) It is NASA policy NASA that procurements shall require that contractors provide and retain title to special tooling required for the performance of contracts to the maximum extent consistent with sound procurement objectives. Government acquisition of title or the right to title in special tooling creates substantial administrative burden, encumbers the competitive procurement process and frequently results in the retention of special tooling without advantage commensurate with such burden. In certain instances, however, the acquisition of special tooling or rights thereto may help the Government obtain fair prices, recover the residual value of special tooling paid for by the Government and increase competition in subsequent procurements by increasing the number of sources, where the tooling is susceptible of use by more than one contractor, considering its adaptability and all costs of movement. Additionally, the Government may require all or a substantial part of the tooling for subsequent in-house use. The particular NASA PROCUREMENT REGULATION

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circumstances of each procurement must be considered in determining whether the advantages of acquiring special tooling or rights thereto outweigh the disadvantages. (See 13.304–2.)

(b) New special tooling may be acquired by the contractor for the Government when: (i) advantageous to the Government pursuant to (a) above; and

(ii) existing Government-owned special tooling will not adequately fulfill contract require

ments.

13.205 Changing Government Production and Research Property to be Provided. The amount of Government production and research property specified under a contract to be provided may be increased by a bilateral modification of the contract. Such increases shall be made only when approved in accordance with the policies prescribed in this Subpart 2 and when the Government receives adequate consideration therefor. Unilateral decreases in or substitutions for the Government production and research property specified under a contract to be provided by the Government may be ordered by the contracting officer, subject to the equitable adjustment of the contract, in accordance with paragraph (b) of the appropriate Government Property clause referenced in Part 13, Subpart 7.

13.206 Offer to Furnish Government Production and Research Property “As Is".

(a) Government production and research property may be offered on an “as is” basis in any solicitation for fixed-price type contracts, whether such property is in storage or in the possession of a contractor. In the latter event, the offer will be subject to the condition that to do so will not interfere with production or program schedules having a greater priority.

(b) Government production and research property may be offered on an "as is" basis for the performance of fixed-price type contracts only if it can be inspected by bidders or proposers prior to the submission of their offers. In such cases, the solicitation shall include the clause set forth in 13.709 and shall state:

(i) the availability and location of the property, and the conditions under which it may be inspected;

(ii) that the property will be offered in its current condition, f.o.b. present location;

(iii) that bidders or proposers must satisfy themselves that the property is suitable for their use; (iv) that any costs of transporting, installing, modifying, repairing, or otherwise making the property suitable for use shall be borne by the successful bidder or proposer;

(v) that evaluations will be made to eliminate any competitive advantage from the use of the property (see Subpart 5), and

(vi) the bidders or proposers to whom the property is offered, if it is not to be offered to all. 13.207 Providing Government Production and Research Property When Disposal is Limited. (a) Nonseverable Property. Government production and research property, other than foundations and similar improvements necessary for the installation of special tooling, special test equipment, and plant equipment (see 13.110), shall not be installed or constructed on land not owned by the Government in such fashion as to be nonseverable, unless the Head of an installation or component installation determines that such location is necessary, and:

(i) the contract under which such property is provided contains a provision for reimbursing the Government for the fair value of the property at the completion or termination of the contract or within a reasonable time thereafter (for example, in appropriate cases, such a provision may require the contractor to purchase the property at a value to be determined by appraisal, or at a price equal to its acquisition cost less depreciation at a specified rate considering its estimated useful life, or may require the contractor to reimburse the Government for its scrap or salvage value if the Head of an installation or component installation determines that its estimated useful life will not extend beyond the expiration of the facilities contract or the completion of the work for which the property was provided);

(ii) the Government has an option to acquire the underlying land; or

(iii) the contract under which such property is provided contains an alternate provision that the Administrator considers to be adequate to protect the interests of the Government therein (the authority of the Administrator under this subparagraph (iii) may not be delegated).

(b) Property Subject to Patent or Other Proprietary Rights. If patent or other proprietary rights of a contractor may restrict the disposal of Government production and research property, the condition in either (a)(i) or (a)(iii) above shall be satisfied before such property is provided. 13.208 Records of Government Property.

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