(c) In negotiated procurements, with respect to special test equipment the exact nature of which is not known when the contract is signed, the contract shall define the extent to which the contractor will be responsible for acquiring special test equipment for the Government. In such cases, the clause set forth in § 18-13.705 shall be used to permit the Government to furnish special test equipment in kind and thereby obtain an equitable adjustment.

§ 18-13.306-4 Screening existing Government-owned special test equipment costing $1,000 or more.

In order to minimize the acquisition of new special test equipment or components thereof, the contracting officer shall consider the utilization of the Department of Defense Industrial Plant Equipment Center resources, and if the time limitations and other considerations permit screening existing NASA owned production and research property, to ascertain whether any Governmentowned property can be furnished in accordance with the policy set forth in § 18-13.306-1. To accomplish such screening, Department of Defense Industrial Plant Equipment Requisition (DD Form 1419) shall be submitted to the Procurement Office, NASA Headquarters (Code KDP-3) in accordance with Subpart 18-13.50. Where special test equipment is to be acquired in the manner described in § 18-13.306-3(b), the screening shall be accomplished before contract award. Where special test equipment is to be acquired in the manner described in § 18-13.306-3(c), the contracting officer shall normally accomplish the screening and notify the contractor of the Government's election within the notice period provided in the Special Test Equipment clause in § 1813.705. Thereafter, the Governmentowned items to be furnished shall be promptly shipped to the contractor and the contract shall be equitably adjusted pursuant to the Special Test Equipment clause. However, if the contracting officer determines that the savings anticipated from furnishing Government-owned items would be exceeded by costs that might be incurred as a result of delays or administrative actions, he may, except as to items listed in § 18-13.312, waive the screening and shall immediately advise the contractor that the Government will not furnish the equipment.

§ 18-13.307 Providing Government production and research property when disposal is limited.

(a) Nonseverable property. Nonseverable Government production and research property, other than foundations and similar improvements necessary for the installation of special tooling, special test equipment, and plant equipment, shall not be installed or constructed on land not owned by the Government, in such fashion as to be nonseverable, unless the Director (or other head) of the installation determines that such location is necessary. The determination to locate such nonseverable production and research property on land not owned by the Government shall be made only when all of the conditions in subparagraphs (1) through (4) of this paragraph (a) have been met:

(1) Consideration has been given to any nonrecoverable costs involved, including transportation and installation;

(2) Consideration has been given to locating the Government property on a portion of the land where it can be segregated from existing contractorowned and Government-owned facilities and where the new Government production and research property is readily accessible to public thoroughfares, where it is practical to do so, and in such cases consideration has been given to obtaining a written agreement by the contractor on whose land the property is to be placed that either the Government or another Government contractor will have a right to operate the production and research property upon termination or completion of the work for which it was provided; and in cases where such an agreement is not obtained, the negotiation effort shall be documented to justify the alternate proposal;

(3) The contractor agrees that the Government will have the right to abandon in place all nonseverable Government production and research property provided and that the Government, in such event, will not have any obligation to restore or rehabilitate the premises on which the property is located, unless otherwise provided in the contract with the prior approval of the head of the installation (this approval authority shall not be delegated); and

(4) One of the circumstances in subdivisions (i) through (iv) of this subparagraph has been met

(i) The Government obtains an option to acquire the underlaying land;

(ii) The production and research property is disposable, after the Government's need therefor has ceased, to parties other than the contractor for commercial or industrial operations and the Government acquires from the owner a right to retain title and to dispose of all facilities it has constructed, without regard to the laws of real property in the jurisdiction in which the facility is located. Such right of disposition must be unencumbered, and will be evidenced by written agreement or other legal instrument signed by the contractor or other owner of the real property;

(iii) The contractor agrees in writing that he will purchase the property upon the termination or completion of the contract under which the property is provided, or within a specified reasonable time thereafter, at a price to be determined by appraisal, or at a price equal to the acquisition cost of the property less depreciation at the rate or rates specified in the contract (which rate or rates shall take into account the estimated useful life of the property) or for the scrap and salvage value of the property if the head of the installation determines that the estimated useful life of the property will not extend beyond the expiration of the facilities contract or the completion of the work for which the property was provided. Any such purchase agreement must permit the Government to credit any amounts due the contractor under the contract against the purchase price; or

(iv) The Administrator, NASA, specifically approves other provisions which he considers adequate to protect the interests of the Government in regard to the production and research property.

(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 paragraph (a) (4) (ii) or (iii) of this section shall be satisfied before such property is provided.

offer will be subject to the policy stated in § 18-13.304 (a) (1) regading the relative priorities of the work involved.

(b) Government production and research property may be offered on an “as is" basis for the performance of fixedprice 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 state:

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

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

(3) That bidders or proposers must satisfy themselves that the property is suitable for their use;

(4) 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;

(5) That evaluations will be made to eliminate any competitive advantage from the use of the property (see Subpart § 18-13.5); and

(6) The bidders or proposers to whom the property is offered, if it is not to be offered to all.

(c) If, in accordance with the policy stated in §§ 18-13.402 and 18-13.403, the successful bidder or proposer is authorized to use property furnished on an "as is" basis, the Government shall furnish the property in its current condition, f.o.b. present location. If a facilities contract is used to furnish Government production and research property offered on an "as is" basis, the schedule shall state that the contractor shall not be reimbursed thereunder for transporting, installing, modifying, repairing, or otherwise making the property ready for use. § 18-13.309 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 18-13.3 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

FSC

6625_

3220_

3415-3417, 3441-3449.

3415-3417, 3441-3449 3424, 4430.

6635

35530, 3625 6636_ 3422, 3426

Volumes 1 and 2.

DSA

DSAH

4215.1.

DSAH

4215. 2.

DSAH 4215. 3. DSAH 4215.4. DSAH

4215.6.

DSAH

4215.8.

DSAH

4215.10.

DSAH

4215.12.

DSAH

4215.13.

DSAH

4215.15.

DSAH

4215.16.

DSAH

4215. 17.

DSAH

4215.18.

DSAH

4215.19.

DSAH

4215.21.

DSAH

4215.23.

DSAH

4215.24.

DSAH

4215.30.

DSAH

4215.33.

DSAH 4215.35.

DSAH 4215.36.

DSAH 4215.37.

DSAH 4215.38.

DSAH 4215.39.

DSAH 4215.40.

DSAH 4215.41.

DSAH 4215.42.

3408, 3410

3419

3413.

3411, 3412, 3414.. 4910

Miscellaneous Machine Tools..

Drilling and Tapping Machines.

DSAH 4215.44.

DSAH 4215.45. DSAH 4215.46.

Subpart 18-13.4-Use and Rental of Government Production and Research Property

§ 18-13.401 Policy.

It is the policy of NASA to put Government production and research property which is in the possession of a contractor or subcontractor to the greatest possible use in the performance of Government contracts or subcontracts, so long as such use does not confer a competitive advantage on the contractor or subcontractor contrary to the policies set forth in Subpart 18-13.5.

(a) Industrial Plant Equipment (IPE) is acquired by NASA for use by a contractor in performing NASA work only when the contractor is unable or unwilling to furnish the IPE, and it is deemed in the best interest of the Government to provide such equipment to meet required delivery schedules for NASA materials and services. Existing Governmentowned IPE may be provided contractors when substantial savings to the Government will accrue, and no competitive advantage is conferred.

(b) There are instances where Government-owned IPE is required to remain in a contractor's plant to perform NASA work, but where the full capacity of the equipment is not required for this work. In such instances, contractors may be authorized to make use of the equipment for commercial work under three conditions where such authorization may be in the interest of the Government:

(1) To keep the equipment in a high state of operational readiness through regular usage;

(2) Where substantial savings to the Government would accrue through overhead cost sharing and receipt of rentals,

or

(3) To avoid an inequity to the contractor who is required, at the Government's request, to retain the equipment in place, often intermingled with contractor-owned plant equipment required for the production of commercial orders. § 18-13.402 Authorizing a contractor to use Government production and research property without charge. (a) A contractor may use Government production and research property without charge:

(1) In the performance of

(i) Prime contracts which specifically authorize use without charge;

(ii) Subcontracts of any tier if the contracting officer having cognizance over the prime contract concerned has authorized use without charge by:

(a) Approving a subcontract specifically authorizing such use;

(b) Including such authorization in the prime contract; or

(c) By otherwise approving such use in writing;

(iii) Contracts of foreign government if use without charge has been authorized in writing pursuant to § 18-13.406; or

(iv) Research, development, or educational work by nonprofit organizations if the contracting officer having cognizance of such property approves such use in writing.

(2) Provided, as to subparagraph (1) (i) and (ii) of this paragraph

(i) The procedures set forth in Subpart 18-13.5 are complied with;

(ii) 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

(iii) A concurrence in the proposed use of the property in accordance with paragraphs (b) and (c) of this section is obtained.

(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 concurrence is denied, the resolution procedures set forth in paragraph (c) of this section shall be employed.

(2) Unless its use is authorized by the solicitation, each solicitation shall require that any contractor or subcontractor desiring to use Government production and research property in his possession in the performance of 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 whenver possible and shall contain any information required by § 18-13.502 or § 18-13.503.

(c) If the contracting officer having cognizance of Government production and research property refuses to give the concurrence called for by paragraph (b) (2) of this section, the contractor may report the matter to the contracting officer, who may then request permission

DSA

DSAH

4215.1.

DSAH

4215. 2.

DSAH

4215.3.

DSAH

4215.4.

DSAH

4215.6.

35530, 3625 6636_ 3422, 3426

DSAH

4215.8.

DSAH

4215.10.

DSAH

4215.12.

3450, 3460, 5220

DSAH

4215.13.

6680, 6685