Surpart 4-Government Property Administration 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 the performance of NASA contracts. (Instructions for delegation of property administration to DOD are set forth in Part 20, Subpart 6.) - 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: (i) 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 made in writing by the Procurement Cfficer or his designee. In selecting qualified property administrators the appointing authority shall ccnsider experience, training, education, business acumen, judgment, character, and ethics. (b) In considering experience, training education, the following shall be evaluated: and (1) experience in accounting, material control, inventory control and allied functions; (ii) formal education or specialization in such areas evaluating, monitoring, administering or ccordinating industrial property programs as or NASA PROCUREMENT REGULATION GOVERNMENT PROPERTY implementing plans and policies in support of diversified property control system; and (iii) knowledge of the provisions of this and other applicable regulations. 13,403 Property Control and Accounting Procedures. Property control and accounting procedures shall be maintained in accordance with the provisions of the "Control of Government Property" Appendix B, or "Property in Possession of Nonprofit R&D Contractors," Appendix C, as appropriate. When 13.403-1 Correction of Defective System for Control of Government Property the property administrator is not successful in obtaining compliance with contract requirements, he shall advise the administrative contracting officer. If the administrative contracting officer concurs with the property administrator, he shall advise the contractor in writing of the changes or additions required in his property control system and shall establish a schedule for accomplishment of the corrective actions. The contractor shall be informed that approval of his property control system will be withheld (or withdrawn if previously approved) unless corrective action is accomplished within the specified period. Such notice shall also advise the contractor that in the event approval of his property control system is withheld (or withdrawn if previously approved) his liability for loss or damage may be increased. If the contractor fails to make satisfactory progress for correction of the deficiencies in accordance with the Schedule, the administrative contracting officer shall advise him in writing, with a copy to the property administrator, that approval of his property control system is, as the case may be, withheld or withdrawn. 13,404 Authorized Use of Government Production and Research Property, Use of Government production and research property by contractors shall be governed by the terms and conditions of the contract under which Government production and research property is accountable. 13.405 Authorizing a Contractor To Use Government Production and Research Property Without Charge, (a) A contractor may use Government production and research property without charge: (i) in the performance of (A) prime contracts which specifically authorize use without charge; CFR TITLE 41 CHAPTER 18 GOVERNMENT PROPERTY ADMINISTRATION (B) subcontracts of any tier if the contracting officer having cognizance over the prime contract concerned has authorized use without charge by: a subcontract specifically (III) by otherwise approving such use in writing; Next page is 13-4:37 NASA PROCUREMENT REGULATION GOVERNMENT PROPERTY ADMINISTRATION (C) contracts of foreign government if use without charge has been authorized in writing pursuant to 13.408; or (D) research, development, or educational work by ron-profit organizations if the contracting officer having cognizance of such property approves such use in writing, in accordance with 13.407. (ii) provided, as to (A) and (B) of (i) above (A) the procedures set forth in Subpart complied with; 5 are (B) 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 (C) a concurrence in the proposed use of the property in accordance with (b) and (c) below is cbtained. (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 concurred in, the property shall be authorized for tse as prescribed in 13.405-1 but shall remain accountable under the original contract. If concurrence is denied, the resolution procedures set forth in (c) below shall be employed. or (2) Unless its use is authorized by the solicitation, each solicitation shall require that any contractor subcontractor desiring to use Government production and research property in his possession in the performance cf 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 (b) (2) above, the contractor may report the matter to the contracting officer, who may then request permission of the contracting officer having cognizance over such property to authorize its use. The latter shall respond [rcmptly to this request. In the event of a disagreement between the two contracting officers, they shall refer the matter to the head of their respective installation as promptly as may be practicable. If the latter are unable to reach agreement, they shall refer NASA PROCUREMENT REGULATION GOVERNMENT PROPERTY respective the matter to their procurement authority for intergovernmental issue shall Assistant Administrator for Headquarters for resolution. (d) Notwithstanding (a) above, 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 amcunt attributable thereto. Authorizations. For purposes of 13.405-1 documentation and administration, a copy of any authorization to use Government provided production and research property shall be furnished by the contracting officer granting the authorization to the contracting cfficer requesting the authority to use the property. This authorization, as well as any related shipping documentation, shall clearly indicate that the property remains accountable under the original contract. A record of contracts and subcontracts on which the property is authorized to be used shall be included in the file of the contract under which the property is accountable. Documentation of any authorization to use Government property in the performance of a supply or service contract shall accompany each supply or service contract submitted to NASA Headquarters for review. 13.405-2 Provisions of Related Procurement Contracts Requiring the Use of Government Production and Research Froperty in the Possession of a Contractor. When a related procurement contract, or modification thereto is negotiated on the basis of the use of Government production and research property which has been Freviously provided (or are currently being provided under an existing contract (s)) by NASA or another Government agency to the prime contractor or his subcontractors, the following procedures shall apply: (i) Government production and research property which has been authorized for use by a prime contractor shall be identified by the appropriate contract (s) number. If use of the property is authorized on a no-charge basis, the contract shall contain the following clause: USE OF GOVERNMENT PRODUCTION AND RESEARCH The Contractor is authorized to use on a no-charge, non-interference basis in the performance of this CFR TITLE 41 CHAPTER 18 |