PROCEDURES FOR PROVIDING GOVERNMENT PROPERTY performance of this contract at the installation administering this contract or at such other installation (s) or location(s) specified elsewhere in this contract. Under this clause, the Government retains accountability as well as title to the property and the Contractor assumes user responsibilities prescribed in installation property management directives.

to

(b) The official accountable record keeping and financial control and reporting of the property subject this clause shall be retained by the Government and accomplished by the installation property and supply and financial management officers. However, the Government will provide the Contractor a record of all items of property including copies of all transaction documents used to describe changes to this record. The Contractor shall maintain this record and transaction documentation in such a condition that at any stage of ccmpletion of work under this contract, the status of the property including location, utilization, ccnsumption rate and identification may be readily ascertained. The Contractor shall also adhere to all cther procedures (and sanctions related thereto) prescribed by the installation director which have been established for the management of installation property. The records and documentation shall be made available, upon request, to the installation property and supply officer and other formally de sig na ted representative (s) of the Contracting Officer.

(c) In the event the Government fails to provide the Government property specified in this contract such as to adversely affect the Contractor's ability to perform hereunder, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the effect occasioned the Contractor and shall equitably adjust the contract in accordance with the procedure provided in the clause of the General Provisions hereof entitled "Changes."

(d) If Government property is also provided under a "Government Property" clause in this contract, such property shall be subject, in all respects, to that clause and to the controls set forth in Appendix B, NASA Procurement Regulation. However, the provisions of the "Government Property" clause and Appendix B to the NASA Procurement Regulation do not apply to property Frovided under this "Installation Provided Government Froperty" clause.

13,312 Items_to_be_Screened.

(a) All centrally re portable equipment (see B. 102-22) shall be reported to and screened by the cognizant

NASA PROCUREMENT REGULATION

GOVERNMENT PROPERTY

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

24.205-4.

(b) Centrally reportable equipment listed in the following Jcint DOD Handbooks, if not available in 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.

3418

Planers and Shapers (Includes Shapers, formerly Part of FSC 3419)..

DSAH

4215.41

*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