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13-3:10B

GOVERNMENT PROPERTY

installation Equipment Visibility Syster Cata Center (EVSDC) and in accordance with B. 306-1, C.306-1, 13.202-3, 13.303-2 24.205-4.

not

(b) Centrally reportable equipment listed in the following Jcint DOD Handbooks, if available in the the Equipment Visibility System (EVS), shall be referred by the cognizant installation EVS coordinator to the Defense Industrial Plant Equipment Center, Memphis, Tennessee, for screening.

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4215.52

•Production Equipment Directory D1 for sale by Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402. For FSC 3418 and 3419, see Handbooks DSAH 4215.41 and 4215.44 respectively.

NASA PROCUREMENT REGULATION

13.312

GOVERNMENT PROPERTY

13.350 Government Property Under Research and Development Contracts.

13.350-1 General. In research and development contracts with commercial organizations, the clauses relating to property furnished by the Government or acquired by the contractor at Government expense are the same as those used in other types of contracts. (See 13.702 and 13.703). Different clauses are prescribed for use in research and development contracts with educational or other nonprofit institutions where no profit or fee is involved. (See 13.706 and 13.707.) When a facilities use contract is required, a special clause is contained in 7.705-4.

13.350-2 Control of Government Property in Possession of Research and Development Contractors. The basic requirements to be observed by NASA for establishing and maintaining control over Government Property as set forth in Appendix B to this Regulation are applicable to research and development contracts except, in contracts with educational or other nonprofit organizations, Appendix C of this Regulation is applicable.

13.350-3 Providing Government Production and Research Property. Nonprofit institutions of higher education or nonprofit organizations whose primary purpose is the conduct of scientific research may acquire and be reimbursed therefor the cost of any item of equipment costing less than $1,000 consistent with 15.303-4 and 15.309-13 subject to:

(i) prior approval of the contracting officer of the acquisition, either on a line item basis, or for clearly defined classes of items; and

(ii) a determination by the contracting officer that the proposed acquisition is essential to performance of the contract.

Approval requirements for items of equipment costing more than $1,000 are delineated in Part 15, Subpart 3, paragraphs 15.309-13(a) and (b).

13.350-4 Transfer of Title to Equipment to Nonprofit Educational or Research Institutions.

(a) General. This paragraph implements 42 U.S.C. 1892 which gives the Agency discretionary authority to vest in nonprofit institutions of higher education or nonprofit organizations whose primary purpose is the conduct of scientific research, without further obligation to the Government or on such other terms and conditions as may be appropriate, title to equipment purchased with funds available for grants or contracts for the conduct of basic or applied research, as defined in 15.205-35.

(b) Purpose of the Legislation. The general purpose of the legislation. implemented by this paragraph is to facilitate the scientific research performed under contract for the Government by the nonprofit institutions and organizations described in (a). It is intended to permit the elimination of the record-keeping required when the Government retains title to equipment purchased under a research contract, in those cases where the cost of such record-keeping to the contractor or to the Government is out of proportion to the value of the equipment. It is further intended to reduce where desirable the time and labor involved in formally circulating through the Government long lists of highly specialized or minor items of equipment or in relocating major equipment when such relocation is impracticable or uneconomical and not required for other research programs of the Government. Finally, it is intended to provide a measure of administrative flexibility when, from the standpoint of increased

13.350

CFR TITLE 41 CHAPTER 18

PROCEDURES FOR PROVIDING GOVERNMENT PROPERTY research effectiveness and in the absence of NASA or other Governmental requirements, it is desirable to transfer title to equipment to such research contractors.

(c) Transfer of Title.

(1) Contracts with nonprofit institutions of higher education or nonprofit organization whose primary purpose is the conduct of scientific research, shall provide, or shall be amended to provide, for transfer to contractors of title to each item of equipment having an acquisition cost of less than $1,000 and purchased by the Contractor with funds available for contracts for the conduct of basic and applied research. Title to such equipment acquired by the Contractor pursuant to 13.350-3 above shall vest in the contractor upon acquisition. Title to such equipment already in the possession of the contractor shall be vested in the contractor at the time of amendment of the appropriate contract or as soon as practicable thereafter. A list of all such equipment shall be provided to the contracting officer within ten (10) days following the end of the calendar quarter in which the transfer of title occurs.

(2) With respect to equipment having an acquisition cost of $1,000 or more, conracts with such institutions shall provide that title to equipment purchased by the Contractor with funds available for the conduct of basic and applied research shall:

(i) vest in the institution without further obligation to the Government; (ii) vest in the institution subject to a right of the Government to direct transfer of the title to the Government or a third party within 180 days after completion or termination of the particular contract. The contract shall further provide that the transfer of title back to the Government or third parties shall not be the basis for any claim by the institution; or

(iii) vest in the Government when it is determined that vesting of title in the institution under (i) or (ii) above would not be in furtherance of the objectives of NASA's research program. For items having an acquisition cost of $5,000 or less this determination may be made by the contracting officer; for items having an acquisition cost of more than $5,000 this determination must be made at a level higher than the contracting officer.

(3) When title to equipment is vested pursuant to (1) or (2) above, the contractor must agree, as a condition to taking title, that no charge will be made to the Government for any depreciation, amortization, or use charge with respect to such equipment under any existing or future Government contract or subcontract thereunder.

(4) Notwithstanding the provisions of 13.350-4(c)(1), (2) or (3) above relative to the transfer of title, when the contractor is performing at a Government installation and there will be a continuing need for the equipment at that location following completion of the contract, title to such equipment need not be transferred to the contractor.

(d) Requirement for a Letter of Assurance. Vesting title to equipment pursuant to (c) above is subject to the provisions of the Civil Rights legislation (42 U.S.C. 2000d). Before title is vested, the contracting officer must insure that the contractor has furnished a Letter of Assurance to NASA pursuant to Part I of this Regulation (1.355).

NASA PROCUREMENT REGULATION

13.350-4

Subpart 4-Government Property Administration

the

13.400 Scope of Subpart. This Subpart sets forth NASA administrative procedures for the acquisition, use, rental, administration, and disposition of Governmentowned property provided to contractors for performance of NASA contracts. (Instructions delegation of property administration to DOD are forth in Part 20, Subpart 6.)

for

set

13.401 Assignment__of Contracts for_Property Administration.

(a) All NASA contracts performed at a single location by a contractor shall be assigned to a single property administrator.

(b) Each contract under which Government property will be provided to the contractor will be assigned in writing to a property administrator by the Procurement Cfficer or his designee. The assignment document shall contain the (1) name and address of the contractor, (ii) contract number, and (iii) type of contract. The contracting officer and the contractor shall be advised in writing of the assignment and any changes thereto. (c) The assignment shall be terminated when:

(1) it has been determined that no Government property has been or will be furnished or acquired, or (ii) the contract is reassigned to another property administrator.

(d) Property administrators' (or other Government industrial property personnel) participation in preaward surveys/post-award orientations is required whenever significant amounts of Government property will be involved in order to reveal and resolve property managment problems early in the procurement cycle.

13.402 Appointment of Property Administrators.. (a) The selection, appointment and termination of appointment of property administrators to contracts at installations or plants which are wholly controlled by NASA shall be ma de in writing by the Procurement Cfficer or his designee. In selecting qualified property administrators the appointing authority shall consider experience, training, education, business acumen, judgment, character, and ethics.

(b) In considering experience, training and education, the following shall be evaluated:

(1) experience in accounting, material control, inventory control and allied functions;

(ii) formal education or specialization in such areas as evaluating, monitoring, administering or property programs or

ccordinating

industrial

NASA PROCUREMENT REGULATION

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