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a contractor under a supply contract, but (b) If there is an existing facilities use may be provided under a facilities con- contract, additional facilities may be protract when to do so is administratively vided by: desirable.

(1) A new facilities acquisition con

tract which provides for the transfer of $ 18–13.303–50 Acquisition, use, and

the additional facilities to the existing consolidated facilities contracts.

use contract; (a) A facilities acquisition contract is

(2) If administratively convenient, by a facilities contract which contains terms

amendment of any existing uncompleted and conditions covering Government

facilities acquisition contract; or provision of facilities to a contractor. It

(3) In the circumstances described in covers (1) contractor acquisition, con

paragraph (a) (2) of this section, by struction, and installation of the facil

amendment of the existing use contract. ities described in the contract schedule

If there is a existing consolidated faciland (2) NASA furnishing of facilities when work, such as installation work, will

ities contract, additional facilities may be be performed by the contractor at direct

provided by its amendment, or by a facil

ities acquisition contract which provides expense to the Government under the

for the transfer of the additional facilcontract. A facilities acquisition contract does not contain authority for contractor

ities to the use provisions of the conuse of facilities. When the facilities under

solidated facilities contract, whichever is the acquisition contract are acquired, in

more administratively convenient. stalled, and accepted by the Government,

(c) Prior written advice regarding a accountability is tranferred to a facilities

proposed increased in facilities assistance contract governing use.

shall be furnished the contracting officer (b) A facilities use contract is a facil

of an existing facilities use contract or ities contract which contains terms and

consolidated facilities contract. conditions covering the contractor's use § 18–13.304 Furnishing existing Govof Government-owned facilities for

ernment-owned special tooling. which he is accountable. Facilities, in

(a) General. It is the policy of NASA addition, are furnished to a contractor

that existing special tooling to which the by the Government under a facilities use

Government has title, or the right to contract in the circumstances set forth

acquire title pursuant to the Special in § 18-13.303-51.

Tooling clause in § 18–13.704, be offered (c) A consolidated facilities contract is a facilities contract which provides for

to prospective contractors for use in per

forming Government contracts and subboth acquisition and use of facilities.

contracts, if: $ 18–13.303–51 Application of acquisi- (1) To do so will not interfere with

tion, use, and consolidated facilities production or program schedules having contracts.

a greater priority; (a) When a facilities contract is re

(2) To do so is otherwise advantagequired to provide facilities under $ 18–

ous to the Government; and 13.303-1(a) and there is no existing facil

(3) Its use would be authorized purities contract covering the use of facilities

suant to $ 18–13.402 or § 18–13.403 were by the contractor, the acquisition type

it furnished. of facilities contract shall be used in

(b) Contract provisions. Special toolconjunction with a facilities use contract,

ing shall be furnished pursuant to either except that:

the appropriate clause in Subpart 18– (1) A consolidated facilities contract

13.7 or a facilities contract. In any case, may be used if it is anticipated that all the contract under which the special foreseeable work with the contractor will tooling is furnished shall contain a decontinue to remain under the cognizance scription thereof, and the terms and conof the NASA installation entering into ditions applicable to its shipment to the the facilities contract; and

plant of the contractor and to the cost of (2) A facilities use contract shall be adapting and installing it. used, without a facilities acquisition contract, to cover Government furnishing of

f 18-]3.305 Acquisition of special tool.

ing. facilities to a contractor when the contract does not require direct reimburse

$ 18–13.305-1 General. ment thereunder in connection with the (a) Policy. It is the policy of NASA furnishing of such facilities.

that contractors provide and retain title to special tooling required for the per- $ 18–13.305–2 Fixed-price contracts. formance of contracts to the maximum extent consistent with sound procure

(a) General. In fixed-price contracts

where a certificate of current cost or ment objectives. Government acquisition of title or the right to title in special

pricing data is not required, special tooltooling creates substantial administrative

ing or rights thereto shall not be acquired burden, encumbers the competitive pro

unless the contracting officer deter

mines such acquisition to be advantacurement process and frequently results in the retention of special tooling with

geous to the Government, considering the out advantage commensurate with such

factors set forth in paragraph (b) below. burden. In certain instances however,

(b) Criteria for acquisition. In decidthe acquisition of special tooling or

ing whether to acquire special tooling or

rights thereto, or to exercise the Governrights thereto may help the Government obtain fair prices, recover the residual

ment's acquisition rights under contracts

or subcontracts pursuant to the Special value of special tooling paid for by the

Tooling clause set forth in § 18–13.704, Government, and increase competition

the following factors shall be considered: in subsequent procurements by increas

(1) The current or probable future ing the number of sources, where the

need of the Government for the items tooling is susceptible of use by more than

involved and the estimated cost of reone contractor, considering its adapt

producing them if not acquired; ability and all costs of movement. Addi

(2) Their estimated residual value; tionally, the Government may require all

(3) The administrative and other exor a substantial part of the tooling for

pense incident to reporting, record keepsubsequent in-house use. The particular circumstances of each procurement must

ing, preparation, handling, transporta

tion, and storage; be considered in determining whether

(4) The effect on pricing future the advantages of acquiring special tool

contracts; ing or rights thereto outweigh the disadvantages.

(5) The feasibility and probable cost

of making the items available to other (b) Application of policy in competi

bidders or offerors in the event of futive and noncompetitive procurements.

ture procurement; In procurements where there is adequate

(6) The amount offered by the conprice competition, the Government usu

tractor for the right to retain the items; ally relies on the competition to obtain

and a fair charge for the amortization of special tooling provided by the contractor.

(7) The contribution Government acFurthermore, in a competitive area,

quisition makes to future competition. ownership of special tooling by one con

(c) Criteria for waiving special tooltractor is not likely to prevent-others

ing provisions in subcontracts. In deterfrom competing in follow-on procure

mining whether rights to acquire special ments. Thus, it is not generally appro

tooling from subcontractors are not of priate for the Government to acquire

substantial interest to the Government special tooling or rights thereto in com

so as to permit the omission of special petitive procurements. However, where tooling provisions from the affected subthere is not adequate price competition, contractors pursuant to paragraph (j) the Government typically pays the full of the Special Tooling clause set forth in cost of the special tooling regardless of § 18–13.704, the contracting officer shall who owns or has rights to it, and there- consider the factors listed in paragraph fore it is usually appropriate for the (b) of this section. It is desirable that Government to acquire special tooling or such determination be made before exrights thereto. Moreover, Government ecution of the contract, to the extent ownership may make it easier to create practicable, in which case the price shall competition in follow-on procurements. reflect the authorized omission of speWhere a decision is made not to take title cial tooling provisions in any affected to special tooling in a procurement with- subcontract. If this question is presented out price competition, consideration shall to the contracting officer after execube given to the need for special contract tion of the contract, he shall condition provisions covering contractor plans for his determination upon securing the future recovery of any initial special contractor's consent to an equitable retooling costs in follow-on competitive

duction in the contract price to reflect procurements (see § 18–3.813).

any reduction in the price of the affected

Contract

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: er conta the Spain $18-122 consider able for

the itz cost of ced gal tali

othe: Ecorde ranspar

bable as

e to cc ment of

- the or the iz

subcontracts resulting from the omis- (2) If the Government does not sion of such provisions.

acquire or reserve the right to acquire (d) Procedures. (1) If the contract- title to the special tooling, the contract ing officer has decided not to acquire may provide for the contractor's future special tooling or rights thereto, he may amortization of the special tooling under include in the solicitation such informa- Government contracts. tion as he may have of current plan

§ 18–13.305–3 Cost-reimbursement type ning for future procurements of the item

contracts.
involved, consistent with security re-
quirements. Offerors shall be advised in

Title to special tooling under cost-rethe solicitation that such statements are

imbursement type contracts shall be acestimates and there is no assurance that

quired pursuant to the clauses set forth any quantity will be procured.

in $ $ 18–13.703 and 18–13.707. (2) In formally advertised procure- § 18–13.306 Providing special test equipments, each item of special tooling to

ment. be acquired by the Government under

$ 18–13.306-1 Furnishing existing spethe standards set forth above shall be

cial test equipment. clearly identified in the invitation for bids as a separate item, or by category It is the policy of NASA to offer existif individual items are low in value, and ing Government-owned special test the Special Tooling clause in $ 18–13.704 equipment to contractors when advanshall not be used.

tageous to the Government in the light (3) In negotiated procurements, each of the factors set forth in § 18–13.304. item of special tooling to be acquired Government-owned components to be under the standards set forth above incorporated into special test equipment shall be identified as a separate item in may also be offered in accordance with the solicitation and contract to the this policy. These components may be maximum extent practicable, or by cate- facilities, special test equipment, or cangory if individual items are low in value. nibalized components of other special If such identification is impracticable, test equipment for which there is no title to special tooling may be obtained

further need. through use of the Special Tooling § 18–13.306–2 Acquisition of new speclause in $ 18–13.704. If the use of this cial test equipment. clause will result in an undesirable acquisition of rights to some special tool

New special test equipment may be ing, the schedule shall specify the spe

acquired by a contractor for the Govcial tooling not covered by the clause.

ernment when: (e) Protecting Government interest in

(a) Advantageous to the Government contractor-owned special tooling. Where

in the light of the criteria set forth in the Government does not acquire spe

§ 18-13.305–2(b) for special tooling in cial tooling or the rights thereto pursu

fixed-price contract, and ant to paragraph (d) of this section, but

(b) Existing Government-owned spe

cial test equipment or will pay for a substantial portion of the

components special tooling in the price paid for sup

thereof cannot be made available. plies or services, special provisions may § 18–13.306-3 Contract provisions for be included in the schedule of a con

acquiring special test equipment. tract to give recognition to the equitable

(a) In formally advertised procureinterest of the Government in the special tooling, if such interest is signifi

ments, each item of special test equipcant. For example:

ment to be acquired by the Government (1) Where there is a distinct pos

shall be clearly identified in the invitasibility that the Government eventually

tion for bids as a separate item, or by

category if individual items are low in may decide to acquire title to the special value. tooling, the contract may provide for an (b) In negotiated procurements, with option in the Government to acquire the respect to special test equipment the special tooling at a specified price or for exact nature of which is known when the an amount to be determined in accord- contract is signed, the contract shall ance with specified standards

(the identify each item of special test equipcriteria set forth in paragraph (b) of ment to be acquired by the Government this section shall be considered in ex- as a separated item or by category if ercising such options); or

individual items are low in value.

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to special tooling required for the per- $ 18–13.305-2 Fixed-price contracts. formance of contracts to the maximum

(a) General. In fixed-price contracts extent consistent with sound procure

where a certificate of current cost or ment objectives. Government acquisition

pricing data is not required, special toolof title or the right to title in special

ing or rights thereto shall not be acquired tooling creates substantial administrative

unless the contracting officer deterburden, encumbers the competitive pro

mines such acquisition to be advantacurement process and frequently results

geous to the Government, considering the in the retention of special tooling with

factors set forth in paragraph (b) below. out advantage commensurate with such

(b) Criteria for acquisition. In decidburden. In certain instances however,

ing whether to acquire special tooling or the acquisition of special tooling or

rights thereto, or to exercise the Governrights thereto may help the Government

ment's acquisition rights under contracts obtain fair prices, recover the residual

or subcontracts pursuant to the Special value of special tooling paid for by the

Tooling clause set forth in § 18–13.704, Government, and increase competition

the following factors shall be considered: in subsequent procurements by increas

(1) The current or probable future ing the number of sources, where the

need of the Government for the items ooling is susceptible of se by more than

involved and the estimated cost of reone contractor, considering its adapt

producing them if not acquired; ability and all costs of movement. Addi

(2) Their estimated residual value; tionally, the Government may require all

(3) The administrative and other exor a substantial part of the tooling for

pense incident to reporting, record keepsubsequent in-house use. The particular

ing, preparation, handling, transportacircumstances of each procurement must

tion, and storage; be considered in determining whether

(4) The effect the advantages of acquiring special tool

on pricing future

contracts; ing or rights thereto outweigh the dis

(5) The feasibility and probable cost advantages.

of making the items available to other (b) Application of policy in competi

bidders or offerors in the event of futive and noncompetitive procurements.

ture procurement; In procurements where there is adequate

(6) The amount offered by the conprice competition, the Government usu

tractor for the right to retain the items; ally relies on the competition to obtain

and a fair charge for the amortization of spe

(7) The contribution Government accial tooling provided by the contractor.

quisition makes to future competition. Furthermore, in a competitive area,

(c) Criteria for waiving special toolownership of special tooling by one contractor is not likely to prevent.others

ing provisions in subcontracts. In deterfrom competing in follow-on procure

mining whether rights to acquire special ments. Thus, it is not generally appro

tooling from subcontractors are not of priate for the Government to acquire

substantial interest to the Government special tooling or rights thereto in com

so as to permit the omission of special petitive procurements. However, where tooling provisions from the affected subthere is not adequate price competition, contractors pursuant to paragraph (j) the Government typically pays the full of the Special Tooling clause set forth in cost of the special tooling regardless of $ 18–13.704, the contracting officer shall who owns or has rights to it, and there- consider the factors listed in paragraph fore it is usually appropriate for the (b) of this section. It is desirable that Government to acquire special tooling or such determination be made before exrights thereto. Moreover, Government ecution of the contract, to the extent ownership may make it easier to create practicable, in which case the price shall competition in follow-on procurements. reflect the authorized omission of speWhere a decision is made not to take title cial tooling provisions in any affected to special tooling in a procurement with- subcontract. If this question is presented out price competition, consideration shall to the contracting officer after execube given to the need for special contract tion of the contract, he shall condition provisions covering contractor plans for his determination upon securing the future recovery of any initial special contractor's consent to an equitable retooling costs in follow-on competitive duction in the contract price to reflect procurements (see § 18–3.813).

any reduction in the price of the affected

subcontracts resulting from the omission of such provisions.

(d) Procedures. (1) If the contracting officer has decided not to acquire special tooling or rights thereto, he may include in the solicitation such information as he may have of current planning for future procurements of the item involved, consistent with security requirements. Offerors shall be advised in the solicitation that such statements are estimates and there is no assurance that any quantity will be procured.

(2) In formally advertised procurements, each item of special tooling to be acquired by the Government under the standards set forth above shall be clearly identified in the invitation for bids as a separate item, or by category if individual items are low in value, and the Special Tooling clause in § 18–13.704 shall not be used.

(3) In negotiated procurements, each item of special tooling to be acquired under the standards set forth above shall be identified as a separate item in the solicitation and contract to the maximum extent practicable, or by category if individual items are low in value. If such identification is impracticable, title to special tooling may be obtained through use of the Special Tooling clause in § 18–13.704. If the use of this clause will result in an undesirable acquisition of rights to some special tooling, the schedule shall specify the special tooling not covered by the clause.

(e) Protecting Government interest in contractor-owned special tooling. Where the Government does not acquire special tooling or the rights thereto pursuant to paragraph (d) of this section, but will pay for a substantial portion of the special tooling in the price paid for supplies or services, special provisions may be included in the schedule of a contract to give recognition to the equitable interest of the Government in the special tooling, if such interest is significant. For example:

(1) Where there is a distinct possibility that the Government eventually may decide to acquire title to the special tooling, the contract may provide for an option in the Government to acquire the special tooling at a specified price or for an amount to be determined in accordance with specified standards (the criteria set forth in paragraph (b) of this section shall be considered in exercising such options); or

(2) If the Government does not acquire or reserve the right to acquire title to the special tooling, the contract may provide for the contractor's future amortization of the special tooling under Government contracts. $ 18–13.305-3 Cost-reimbursement type

contracts. Title to special tooling under cost-reimbursement type contracts shall be acquired pursuant to the clauses set forth in $$ 18–13.703 and 18–13.707. § 18–13.306 Providing special test equip

ment. $ 18–13.306–1 Furnishing existing spe

cial test equipment. It is the policy of NASA to offer existing Government-owned special test equipment to contractors when advantageous to the Government in the light of the factors set forth in § 18–13.304. Government-owned components to be incorporated into special test equipment may also be offered in accordance with this policy. These components may be facilities, special test equipment, or cannibalized components of other special test equipment for which there is no further need. $ 18–13.306–2 Acquisition of new spe

cial test equipment. New special test equipment may be acquired by a contractor for the Goyernment when:

(a) Advantageous to the Government in the light of the criteria set forth in $ 18–13.305–2(b) for special tooling in fixed-price contract, and

(b) Existing Government-owned special test equipment or components thereof cannot be made available. § 18–13.306-3 Contract provisions for

acquiring special test equipment. (a) In formally advertised procurements, each item of special test equipment to be acquired by the Government shall be clearly identified in the invitation for bids as a separate item, or by category if individual items are low in value.

(b) In negotiated procurements, with respect to special test equipment the exact nature of which is known when the contract is signed, the contract shall identify each item of special test equipment to be acquired by the Government as a separated item or by category if individual items are low in value.

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