Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 18 - National Aeronautics and Space Administration |
SubChapter G - Contract Management |
Part 1845 - Government Property |
Subpart 1845.1 - General |
§ 1845.107-70 - NASA solicitation provisions and contract clauses.
-
1845.107-70 NASA solicitation provisions and contract clauses.
(a)
(1) The contracting officer shall insert the clause at 1852.245-70245–70, Contractor Requests for Government-furnished Property, in cost reimbursement solicitations and contracts.
(2) Use the clause with its Alternate I when the center Supply and Equipment Management Officer (SEMO) consents to permit the contractor to screen Government inventory for available property in lieu of contractor acquisition of new items.
(b)
(1) The contracting officer shall insert the clause at 1852.245-71, Installation - Accountable 245–71, Installation—Accountable Government Property, in solicitations and contracts when Government property is to be made available to a contractor working on a NASA installation, and the Government will maintain accountability for the property. The contracting officer shall list in the clause the applicable property user responsibilities. For purposes of this clause, NASA installations include local off-site buildings owned or leased by NASA.
(2) Use of this clause is subject to the SEMO's concurrence that adequate Government property management resources are available for oversight of the property in accordance with all applicable NASA installation property management directives.
(3) The contracting officer shall identify, in the contract, the nature, quantity, and acquisition cost of the property and make it available on a nocharge basis.
(4) The contracting officer shall use the clause with its Alternate I if the SEMO requests that the contractor be restricted from use of the center central receiving facility for the purposes of receiving contractor-acquired property.
(5) For contractors with both onsite and offsite performance requirements, contracting officers shall list Government property provided for offsite use separately in the contract. This Government property is furnished under FAR 52.245-1245–1, Government Property, and remains accountable to the contractor during its use on the contract. This Government property is not subject to the clause at 1852.245-71, Installation - Accountable 245–71, Installation—Accountable Government Property. The contracting officer shall address any specific maintenance considerations (e.g., requiring or precluding use of an installation calibration or repair facility) elsewhere in the contract.
(c) The contracting officer shall insert the clause at 1852.245-72245–72, Liability for e Government Property Furnished for Repair or Other Services, in fixed-price, time-and-material, and labor-hour solicitations and contracts (except for experimental, developmental, or research work with educational or nonprofit institutions, where no profit is contemplated) for repair, modification, rehabilitation, or other servicing of Government property, if such property is to be furnished to a contractor for that purpose and no other Government property is to be furnished. The contracting officer shall not require additional insurance under the clause unless the circumstances clearly indicate advantages to the Government.
(d) The contracting officer shall insert the clause at 1852.245-73245–73, Financial Reporting of NASA Property in the Custody of Contractors, in cost reimbursement solicitations and contracts and in all contracts in which the contractor has custody of NASA-owned property with a value of $10 million or more, unless all property to be provided is subject to the clause at 1852.245-71245–71, Installation-Accountable Government Property. The clause shall also be included Insert the clause 1852.245–73 in other types of solicitations and contracts when it is known at award that property will be provided to the contractor or that the contractor will acquire property title to which will vest in the Government prior to delivery.
(e) The contracting officer shall insert the clause at 1852.245-74245–74, Identification and Marking of Government Equipment, in solicitations and contracts that - that—
(1) Include the clause at FAR 52.245-1245–1; or
(2) Require the delivery of supplies.
(f) The contracting officer shall insert the clause at 1852.245-75245–75, Property Management Changes, in solicitations and contracts that provide for progress payments or include any of the property clauses prescribed in FAR Part 45.
(g) The contracting officer shall insert the clause at 1852.245-76245–76, List of Government Property Furnished Pursuant to FAR 52.245-1245–1, in solicitations and contracts when the contractor is to be accountable under the contract for Government property.
(h) The contracting officer shall insert the clause at 1852.245-77245–77, List of Government Property Furnished Pursuant to FAR 52.245-2245–2, in solicitations and contracts containing the clause at 52.245-2245–2, Government Property Installation Operation Services. In addition, the contracting officer shall insert the following language in the blanks in paragraph (e) of the clause at 52.245-2245–2:
“The Government property provided under this clause is identified in clause 1852.245-77 245–77 of this contract.”
(i) The contracting officer shall insert the clause at 1852.245-78245–78, Physical Inventory of Capital Personal Property, in cost reimbursement and fixed-price solicitations and contracts that provide Government property.
(j) The contracting officer shall insert the clause at 1852.245-79245–79, Records and Disposition Reports for Government Property with Potential Historic or Significant Real Value, in solicitations and contracts when, after consultation with the center Historic Preservation Officer, it is determined that the items acquired for or produced by the contract are likely to have historic significance or increased value due to their use in support of NASA projects and programs.
(k)
(1) The contracting officer shall insert the provision at 1852.245-80245–80, Government Property Management Information, in solicitations when it is known, or there is a reasonable chance, that Government property will be provided to the contractor for contract performance.
(2) The contracting officer shall use the provision with Alternate 1 when there are sufficient time and resources to allow prospective contractors the opportunity to inspect the property.
(l) The contracting officer shall insert the provision at 1852.245-81245–81, List of Available Government Property, in solicitations when Government property will be made available for contract performance.
(m) The contracting officer shall insert the clause at 1852.245-82245–82, Occupancy Management Requirements, in solicitations and contracts that require performance on, or in, any NASA Center, Installation, facility or other NASA real property.
(n) The contracting officer shall insert the clause at 1852.245-83 245–83 Real Property Management Requirements, in solicitations and contracts for acquisition, construction, modification (including when the modification is a consequence of another approved task, e.g., installation of telephonic or local area network equipment), demolition, or management of real property.
[76 FR 2004, Jan. 12, 2011, as amended at 81 FR 71638, Oct. 18, 2016; 81 FR 91047, Dec. 16, 2016]