GOVERNMENT PROPERTY

ARMED SERVICES PROCUREMENT REGULATION

GOVERNMENT PROPERTY

Part 4-Use and Rental of Government Property

13-401 Policy. It is the policy of the Department of Defense 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 Part 5.

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:

(i) in the performance of—

(A) prime contracts which specifically authorize use without charge; (B) subcontracts of any tier if the contracting officer having cognizance over the prime contract concerned has authorized use without charge by:

(I) approving a subcontract specifically authorizing such use; (II) Including such authorization in the prime contract; or

(III) by otherwise approving such use in writing;

(C) contracts of foreign government if use without charge has been authorized in writing pursuant to 13-406; or

(D) research, development, or educational work by nonprofit organizations if the contracting officer having cognizance of such property approves such use in writing after obtaining the authorization required by 13-407;

(ii) provided, as to (A) and (B) of (i) above

(A) the procedures set forth in Part 5 are complied with;
(B) the contracting officer having cognizance of the prime contract
determines that the Government will receive adequate con-
sideration 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 ac-
cordance with (b) and (c) below 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 (c) below 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 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,

13-402

ARMED SERVICES PROCUREMENT REGULATION