1852.245–70
Contractor Requests for Government-Provided Equipment.
As prescribed in
1845.107–70(a)(1), insert the following clause:
CONTRACTOR REQUESTS FOR GOVERNMENT-PROVIDED
EQUIPMENT
(JANUARY 2011)
(a) The Contractor
shall provide all property required for the performance of this contract. The
Contractor shall not acquire or construct items of property to which the
Government will have title under the provisions of this contract without the
Contracting Officer’s written authorization. Property which will be acquired as
a deliverable end item as material or as a component for incorporation into a
deliverable end item is exempt from this requirement. Property approved as part
of the contract award or specifically required within the statement of work is
exempt from this requirement.
(b)(1) In the event
the Contractor is unable to provide the property necessary for performance, and
the Contractor requests provision of property by the Government, the
Contractor’s request shall—
(i) Justify the need for the property;
(ii)
Provide the reasons why contractor-owned property cannot be used;
(iii)
Describe the property in sufficient detail to enable the Government to screen
its inventories for available property or to otherwise acquire property,
including applicable manufacturer, model, part, catalog, National Stock Number
or other pertinent identifiers;
(iv) Combine requests for quantities of items with identical
descriptions and estimated values when the estimated values do not exceed
$100,000 per unit; and
(v)
Include only a single unit when the acquisition or construction value equals or
exceeds $100,000.
(2) Contracting
Officer authorization is required for items the
Contractor intends to manufacture as well as those it intends to purchase.
(3) The
Contractor shall submit requests to the Contracting Officer no less than 30
days in advance of the date the Contractor would, should it receive
authorization, acquire or begin fabrication of the item.
(c) The Contractor
shall maintain copies of Contracting Officer authorizations, appropriately
cross-referenced to the individual property record, within its property
management system.
(d) Property
furnished from Government excess sources is provided as-is, where-is. The
Government makes no warranty regarding its applicability for performance of the
contract or its ability to operate. Failure of property obtained from
Government excess sources under this clause is insufficient reason for
submission of requests for equitable adjustments discussed in the clause at FAR
52.245–1, Government Property, as incorporated in this contract.
(End of Clause)m
ALTERNATE
I
(JANUARY 2011)
As prescribed in
1845.107–70(a)(2), add the following paragraph (e).
(e) In the
event the Contracting Officer issues written authorization to provide property,
the Contractor shall screen Government sources to determine the availability of
property from Government inventory or excess property.
(1) The
Contractor shall review NASA inventories and other authorized Federal excess
sources for availability of items that meet the performance requirements of the
requested property.
(i) If the Contractor determines that a suitable item is
available from NASA supply inventory, it shall request the item using
applicable Center procedures.
(ii)
If the Contractor determines that an item within NASA or Federal excess is
suitable, it shall contact the Center Industrial Property Officer to arrange
for transfer of the item from the identified source to the Contractor.
(2) If the Contractor
determines that the required property is not available from inventory or excess
sources, the Contractor shall note the acquisition file with a list of sources
reviewed and the findings regarding the lack of availability. If the required
property is available, but unsuitable for use, the contractor shall document
the rationale for rejection of available property. The Contractor shall retain
appropriate cross-referenced documentary evidence of the outcome of those
screening efforts as part of its property records system.
1852.245–71
Installation-accountable Government Property.
As prescribed in
1845.107–70(b)(1), insert the following clause:
INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY
(JANUARY 2011)
(a) The Government
property described in paragraph (c) of this clause may be made available to the
Contractor on a no-charge basis for use in performance of this contract. This
property shall be utilized only within the physical confines of the NASA
installation that provided the property unless authorized by the Contracting
Officer under (b)(1)(iv). Under this clause, the
Government retains accountability for, and title to, the property, and the
Contractor shall comply with the following:
NASA Procedural
Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;
NASA Procedural
Requirements (NPR) 4200.1, NASA Equipment Management Procedural Requirements;
NASA Procedural
Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural
Requirements;
[Insert any additional property management
responsibilities.].
Property not
recorded in NASA property systems must be managed in accordance with the
requirements of the clause at FAR 52.245–1, as incorporated in this contract.
The Contractor
shall establish and adhere to a system of written procedures to assure
continued, effective management control and compliance with these user
responsibilities. In accordance with FAR 52.245-1(h)(1) the contractor shall be
liable for property lost, damaged, destroyed or stolen by the contractor or their
employees when determined responsible by a NASA Property Survey Board, in
accordance with the NASA guidance in this clause.
(b)(1) The official
accountable recordkeeping, financial control, and reporting of the property
subject to this clause shall be retained by the Government and accomplished
within NASA management information systems prescribed by the installation
Supply and Equipment Management Officer (SEMO) and Financial Management
Officer. If this contract provides for the Contractor to acquire property,
title to which will vest in the Government, the following additional procedures
apply:
(i) The Contractor’s purchase order shall require the vendor
to deliver the property to the installation central receiving area.
(ii)
The Contractor shall furnish a copy of each purchase order, prior to delivery
by the vendor, to the installation central receiving area.
(iii)
The Contractor shall establish a record for Government titled property as
required by FAR 52.245-1, as incorporated in this contract, and shall maintain
that record until accountability is accepted by the Government.
(iv) Contractor use of Government property at an off-site
location and off-site subcontractor use requires advance approval of the
Contracting Officer and notification of the Industrial Property Officer. The
property shall be considered Government furnished and the Contractor shall
assume accountability and financial reporting responsibility. The Contractor
shall establish records and property control procedures and maintain the
property in accordance with the requirements of FAR 52.245–1, Government
Property (as incorporated in this contract), until its return to the
installation. NASA Procedural Requirements related to property loans shall not
apply to offsite use of property by contractors.
(2) After
transfer of accountability to the Government, the Contractor shall continue to
maintain such internal records as are necessary to execute the user
responsibilities identified in paragraph (a) of this clause and document the
acquisition, billing, and disposition of the property. These records and
supporting documentation shall be made available, upon request, to the SEMO and
any other authorized representatives of the Contracting Officer.
(c) The following
property and services are provided if checked:
(1) Office
space, work area space, and utilities. Government telephones are available for
official purposes only.
(2) Office
furniture.
(3) Property
listed in [Insert attachment number or ‘‘not applicable’’ if no equipment is
provided].
(i) If the Contractor acquires property, title to which
vests in the Government pursuant to other provisions of this contract, this
property also shall become accountable to the Government upon its entry into
Government records.
(ii)
The Contractor shall not bring to the installation for use under this contract
any property owned or leased by the Contractor, or other property that the
Contractor is accountable for under any other Government contract, without the
Contracting Officer’s prior written approval.
(4) Supplies
from stores stock.
(5)
Publications and blank forms stocked by the installation.
(6) Safety and
fire protection for Contractor personnel and facilities.
(7)
Installation service facilities: [Insert the name of the facilities or
‘‘none’’].
(8) Medical
treatment of a first-aid nature for Contractor personnel injuries or illnesses
sustained during on-site duty.
(9) Cafeteria
privileges for Contractor employees during normal operating hours.
(10) Building
maintenance for facilities occupied by Contractor personnel.
(11) Moving and
hauling for office moves, movement of large equipment, and delivery of
supplies. Moving services may be provided on-site, as approved by the
Contracting Officer.
(End of clause)
ALTERNATE I
(JANUARY 2011)
As prescribed in
1845.107–70(b)(4), substitute the following for
paragraph (b)(1)(i) of the basic clause:
(i) The Contractor shall not utilize the installation’s
central receiving facility for receipt of contractor-acquired property.
However, the Contractor shall provide listings suitable for establishing accountable records of all such property received, on a
monthly basis, to the SEMO.
1852.245–72 Liability for
Government Property Furnished for Repair or Other Services.
As prescribed in
1845.107–70(c), insert the following clause:
LIABILITY FOR GOVERNMENT PROPERTY FURNISHED
FOR REPAIR OR OTHER SERVICES
(JANUARY 2011)
(a) This clause shall
govern with respect to any Government property furnished to the Contractor for repair
or other services that is to be returned to the Government. Such property,
hereinafter referred to as ‘‘Government property furnished for servicing,’’
shall not be subject to FAR 52.245–1, Government Property.
(b) The official
accountable recordkeeping and financial control and reporting of the property
subject to this clause shall be retained by the Government. The Contractor
shall maintain adequate records and procedures to ensure that the
Government property furnished for
servicing can be readily accounted for and identified at all times while in its
custody or possession or in the custody or
possession of any subcontractor.
(c) The Contractor
shall be liable for any loss, damage, or destruction of the Government property
furnished for servicing when caused by the Contractor’s failure to exercise
such care and diligence as a reasonable prudent owner of similar property would
exercise under similar circumstances The Contractor shall not be liable for
loss, damage, or destruction of Government property furnished for servicing
resulting from any other cause except to the extent that the loss, damage, or
destruction is covered by insurance (including self-insurance funds or
reserves).
(d) The Contractor
shall hold the Government harmless and shall indemnify the Government against
all claims for injury to persons or damage to property of the Contractor or
others arising from the Contractor’s possession or use of the Government
property furnished for servicing or arising from the presence of that property
on the Contractor’s premises or property.
(End of clause)
1852.245–73
Financial Reporting of NASA Property in the Custody of Contractors.
As prescribed in
1845.106–70(d), insert the following clause:
FINANCIAL REPORTING OF NASA PROPERTY IN THE
CUSTODY OF CONTRACTORS
(JANUARY 2011)
(a) The Contractor
shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of
Contractors, in accordance this clause, the instructions on the form and NFS
subpart 1845.71, and any supplemental instructions for the current reporting
period issued by NASA.
(b)(1) Subcontractor use of NF 1018 is not
required by this clause; however, the Contractor shall include data on property
in the possession of subcontractors in the annual NF 1018.
(2) The
Contractor shall mail the original signed NF 1018 directly to the cognizant
NASA Center Deputy Chief Financial Officer, Finance, unless
the Contractor uses the NF 1018 Electronic Submission System (NESS) for report
preparation and submission.
(3) One copy
shall be submitted (through the Department of Defense (DOD) Property
Administrator if contract administration has been delegated to DOD) to the
following address: [Insert name and address of appropriate NASA Center
office.], unless the Contractor uses the NF 1018 Electronic Submission System
(NESS) for report preparation and submission.
(c)(1) The annual
reporting period shall be from October 1 of each year through September 30 of
the following year. The report shall be submitted in time to be received by
October 15. The information contained in these reports is entered into the NASA
accounting system to reflect current asset values for agency financial
statement purposes. Therefore, it is essential that required reports be
received no later than October 15. Some activity may be estimated for the month
of September, if necessary, to ensure the NF 1018 is received when due.
However, contractors’ procedures must document the process for developing these
estimates based on planned activity such as planned purchases or NASA Form 533
(NF 533 Contractor Financial Management Report) cost estimates. It should be
supported and documented by historical experience or other corroborating
evidence, and be retained in accordance with FAR Subpart 4.7, Contractor
Records Retention. Contractors shall validate the reasonableness of the
estimates and associated methodology by comparing them to the actual activity
once that data is available, and adjust them accordingly. In addition,
differences between the estimated cost and actual cost must be adjusted during
the next reporting period. Contractors shall have formal policies and
procedures, which address the validation of NF 1018 data, including data from
subcontractors, and the identification and timely reporting of errors. The
objective of this validation is to ensure that information reported is accurate
and in compliance with the NASA FAR Supplement. If errors are discovered on NF
1018 after submission, the contractor shall contact the cognizant
NASA Center Industrial Property Officer (IPO) within 30 days after discovery of
the error to discuss corrective action.
(2) The
Contracting Officer may, in NASA’s interest, withhold payment until a reserve
not exceeding $25,000 or 5 percent of the amount of the contract, whichever is
less, has been set aside, if the Contractor fails to submit annual NF 1018
reports in accordance with NFS subpart 1845.71 and any supplemental
instructions for the current reporting period issued by NASA. Such reserve
shall be withheld until the Contracting Officer has determined that NASA has
received the required reports. The withholding of any amount or the subsequent
payment thereof shall not be construed as a waiver of any Government right.
(d) A final report
shall be submitted within 30 days after disposition of all property subject to
reporting when the contract performance period is complete in accordance with
paragraph (b)(1) through (3) of this clause.
(End of clause)
1852.245–74
Identification and Marking of Government Equipment.
As
prescribed by 1845.107–70(e), insert the following clause.
IDENTIFICATION AND MARKING OF GOVERNMENT
EQUIPMENT
(JANUARY 2011)
(a) The
Contractor shall identify all equipment to be delivered to the Government
using NASA Technical Handbook (NASA–HDBK) 6003, Application
of Data Matrix Identification Symbols to Aerospace Parts Using Direct Part
Marking Methods/Techniques, and NASA Standard (NASA–STD) 6002, Applying Data
Matrix Identification Symbols on Aerospace Parts or through the use of
commercial marking techniques that: (1) are sufficiently durable to remain
intact through the typical lifespan of the property: and, (2) contain the data
and data format required by the standards. This requirement includes
deliverable equipment listed in the schedule and other equipment when no longer
required for contract performance and NASA directs physical transfer to NASA or
a third party. The Contractor shall identify property in both machine and human
readable form unless the use of a machine readable-only format is approved by
the NASA Industrial Property Officer.
(b)
Equipment shall be marked in a location that will be human readable, without
disassembly or movement of the equipment, when the items are placed in service
unless such placement would have a deleterious effect on safety or on the
item’s operation.
(c)
Concurrent with equipment delivery or transfer, the Contractor shall provide
the following data in an electronic spreadsheet format:
(1) Item
Description.
(2) Unique
Identification Number (License Tag).
(3) Unit Price.
(4) An
explanation of the data used to make the unique identification number.
(d) For
equipment no longer needed for contract performance and physically transferred
under paragraph (a) of this clause, the following additional data is required:
(1) Date
originally placed in service.
(2) Item
condition.
(e) The data required in paragraphs (c) and
(d) of this clause shall be delivered to the NASA center receiving activity
listed below:
__________________________________
__________________________________
__________________________________
(f) The
contractor shall include the substance of this clause, including this paragraph
(f), in all
subcontracts that require
delivery of equipment.
(End of clause)
1852.245–75
Property Management Changes.
As
prescribed in 1845.107–70(f), insert the following clause.
PROPERTY MANAGEMENT CHANGES
(JANUARY 2011)
(a) The
Contractor shall submit any changes to standards and practices used for
management and control of Government property under this contract to the
assigned property administrator prior to making the change whenever the change
—
(1) Employs a
standard that allows increase in thresholds or changes the timing for reporting
loss, damage, or destruction of property;
(2) Alters
physical inventory timing or procedures;
(3) Alters
recordkeeping practices;
(4) Alters
practices for recording the transport or delivery of Government property; or
(5) Alters
practices for disposition of Government property.
(End of clause)
1852.245–76 List of Government
Property Furnished Pursuant to FAR 52.245–1.
As prescribed in
1845.107–70(g), insert the following clause:
LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT
TO FAR 52.245–1
(JANUARY 2011)
For performance of
work under this contract, the Government will make available Government
property identified below or in Attachment [Insert attachment number or ‘‘not
applicable’’] of this contract on a no charge-for-use basis pursuant to the
clause at FAR 52.245–1, Government Property, as incorporated in this contract.
The Contractor shall use this property in the performance of this contract at
[Insert applicable site(s) where property will be used] and at other
location(s) as may be approved by the Contracting Officer. Under FAR 52.245–1,
the Contractor is accountable for the identified property.
(End of clause)
1852.245–77 List of
Government Property Furnished Pursuant to FAR 52.245–2.
As prescribed in
1845.107–70(h), insert the following clause:
LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT
to FAR 52.245–2
(JANUARY 2011)
For performance of
work under this contract, the Government will make available
Government property identified below or in Attachment __
[Insert attachment number or ‘‘not applicable’’] of this contract on a nocharge-for-use basis pursuant to FAR 52.245–2, Government
Property Installation Operation Services, as incorporated in this contract. The
Contractor shall use this property in the performance of this contract at __
[Insert applicable site(s) where property will be used] and at other location(s)
as may be approved by the Contracting Officer.
[Insert a
description of the item(s), acquisition date, quantity, acquisition cost, and
applicable equipment information]
(End of clause)
1852.245–78
Physical Inventory of Capital Personal Property.
As prescribed in
1845.107–70(i), insert the following clause.
PHYSICAL
INVENTORY OF CAPITAL PERSONAL PROPERTY
(JANUARY 2011)
(a) In addition to
physical inventory requirements under the clause at FAR 52.245–1, Government
Property, as incorporated in this contract, the Contractor shall conduct annual
physical inventories for individual property items with an acquisition cost
exceeding $100,000.
(1) The
Contractor shall inventory—
(i) Items of property furnished by the Government;
(ii)
Items acquired by the Contractor and titled to the Government under the clause
at FAR 52.245–1;
(iii)
Items constructed by the Contractor and not included in the deliverable, but
titled to the Government under the clause at FAR 52.245–1; and
(iv) Complete but undelivered deliverables.
(2) The
Contractor shall use the physical inventory results to validate the property
record data, specifically location and use status,
and to prepare summary reports of inventory as described in paragraph (c) of
this clause.
(b) Unless
specifically authorized in writing by the Property Administrator, the inventory
shall be performed and posted by individuals other than those assigned custody
of the items, responsibility for maintenance, or responsibility for posting to
the property record. The Contractor may request a waiver from this separation
of duties requirement from the Property Administrator, when all of the
conditions in either (1) or (2) of this paragraph are met.
(1) The
Contractor utilizes an electronic system for property identification, such as a
laser bar-code reader or radio frequency identification reader, and
(i) The programs or software preclude manual data entry of
inventory identification
data by the individual performing the inventory;
and
(ii)
The inventory and property management systems contain sufficient management
controls to prevent tampering and assure proper posting of collected inventory
data.
(2) The
Contractor has limited quantities of property, limited personnel, or limited
property systems; and the Contractor provides written confirmation that the
Government property exists in the recorded condition and location;
(3) The
Contractor shall submit the request to the cognizant
property administrator and obtain approval from the property administrator
prior to implementation of the practice.
(c) The Contractor
shall report the results of the physical inventory to the property
administrator within 10 calendar days of completion of the physical inventory.
The report shall—
(1) Provide a
summary showing number and value of items inventoried; and
(2) Include
additional supporting reports of—
(i) Loss in accordance with the clause at 52.245–1,
Government Property;
(ii)
Idle property available for reuse or disposition; and
(iii) A
summary of adjustments made to location, condition, status, or user as a result
of the physical inventory reconciliation.
(d) The Contractor
shall retain auditable physical inventory records, including records supporting
transactions associated with inventory reconciliation. All records shall be
subject to Government review and/or audit.
(End of clause)
1852.245–79
Records and Disposition Reports for Government Property with Potential Historic
or Significant Real Value.
As
prescribed in 1845.107–70(j), insert the following clause.
RECORDS AND DISPOSITION REPORTS FOR GOVERNMENT
PROPERTY WITH POTENTIAL HISTORIC OR SIGNIFICANT REAL VALUE
(JANUARY 2011)
(a) In addition to
the property record data required by the clause at FAR 52.245–1, Government
Property as incorporated in this contract, Contractor records of all Government
property under this contract shall—
(1) Identify
the projects or missions that used the items;
(2)
Specifically identify items of flown property;
(3) When known,
associate individual items of property used in space flight operations with the
using astronaut(s); and
(4) Identify
property used in test activity and, when known, the individuals who
conducted the test.
(b) The Contractor
shall include this information within item descriptions—
(1) On any
Standard Form 1428, Inventory Schedule;
(2) In
automated disposition systems;
(3) In any
other disposition related reports; and
(4) In other
requests for disposition instructions.
(c) The Contractor
shall not remove NASA identification or markings from Government property prior
to or during disposition without the advanced written approval of the Plant
Clearance Officer.
(End of clause)
1852.245–80
Government Property Management Information.
As
prescribed in 1845.107–70(k)(1), insert the following
provision.
GOVERNMENT PROPERTY MANAGEMENT INFORMATION
(JANUARY 2011)
(a) The offeror shall identify the industry leading or voluntary
consensus standards, and/or the industry leading practices, that it intends to
employ for the management of Government property under any contract awarded
from this solicitation.
(b) The offeror shall provide the date of its last Government
property control system analysis along with its overall status, a summary of
findings and recommendations, the status of any recommended corrective actions,
the name of the Government activity that performed the analysis, and the latest
available contact information for that activity.
(c) The offeror shall identify any property it intends to use in
performance of this contract from the list of available Government property in
the provision at 1852.245–81, List of Available Government Property.
(d) The offeror shall identify all Government property in its
possession, provided under other Government contracts that it intends to use in
the performance of this contract. The offeror shall
also identify: The contract that provided the property, the responsible
Contracting Officer, the dates during which the property will be available for
use (including the first, last, and all intervening months), and, for any
property that will be used concurrently in performing two or more contracts,
the amounts of the respective uses in sufficient detail to support prorating
the rent, the amount of rent that would otherwise be charged in accordance with
FAR 52.245–9, Use and Charges (June 2007), and the contact information for the
responsible Government Contracting Officer. The offeror
shall provide proof that such use was authorized by the responsible Contracting
Officer.
(e) The offeror shall disclose cost accounting practices that allow
for direct charging of commercially available equipment, when commercially
available equipment is to be used in performance of the contract and the
equipment is not a deliverable.
(f) The offeror shall identify, in list form, any equipment that it
intends to acquire and directly charge to the Government under this contract.
The list shall include a description, manufacturer, model number (when
available), quantity required, and estimated unit cost. Equipment approved as
part of the award need not be requested under NFS clause 1852.245-70,
(g) The offeror shall disclose its intention to acquire any parts,
supplies, materials or equipment, to fabricate an item of equipment for use
under any contract resulting from this solicitation when that item of
equipment:
Will be titled
to the government under the provisions of the contract; is not included as a
contract deliverable; and the Contractor intends to charge the costs of
materials directly to the contract. The disclosure shall identify the end item
or system and shall include all descriptive information, identification numbers
(when available), quantities required and estimated costs.
(h) Existing
Government property may be reviewed at the following locations, dates, and
times: [Enter the appropriate information]
(End of provision)
ALTERNATE 1
(JANUARY 2011)
As prescribed in
1845.107–70(k)(2) add the following paragraph (i).
(i) Existing available Government property listed in the
provision at 1852.245–81 is provided ‘‘as-is’’. NASA makes no warranty
regarding its performance or condition. The offeror
uses this property at its own risk and should make its own assessment of the
property’s suitability for use. The equitable adjustment provisions of the
clause at 52.245–1, Government Property as included in this solicitation, are
not applicable to this property. The offeror must
obtain the Contracting Officer’s written approval before acquiring replacement
property when it intends to charge the cost directly to the contract.
18.52.245–81
List of Available Government Property.
As
prescribed in 1845.107–70(l), insert the following provision.
LIST OF AVAILABLE GOVERNMENT PROPERTY
(JANUARY 2011)
(a) The Government
will make the following Government property available for use in performance of
the contract resulting from this solicitation, on a no-charge-for-use basis in
accordance with FAR 52.245–1, Government Property, included in this
solicitation. The offeror shall notify the
Government, as part of its proposal, of its intention to use or not use the
property.
(b) The Government
will make the following Government property available for use in performance of
the contract resulting from this solicitation, on a no-charge-for-use basis in
accordance with FAR 52.245–2, Government Property Installation Operation
Services, as included in this solicitation. The offeror
shall notify the Government of its intention to use or not use the property.
(c) The selected
Contractor will be responsible for costs associated with transportation, and
installation of the property listed in this provision.
(End of provision)
1852.245–82
Occupancy Management Requirements.
As prescribed in
1845.106–70(m), insert the following clause:
OCCUPANY MANAGEMENT REQUIREMENTS
(JANUARY 2011)
(a)
In addition to the requirements of the clause at FAR 52.245–1, Government
Property, as included in this contract, the Contractor shall
comply with the following in performance of work in and around Government real
property:
(1) NPD 8800.14,
Policy for Real Property Management.
(2)
NPR 8831.2, Facility Maintenance Management
[Insert any
additional Center occupancy requirements here]
(b) The Contractor
shall obtain the written approval of the Contracting Officer before installing
or removing Contractor-owned property onto or into any Government real property
or when movement of Contractor-owned property may damage or destroy
Government-owned property. The Contractor shall restore damaged property to its
original condition at the Contractor’s expense.
(c) The Contractor
shall not acquire, construct or install any fixed improvement or structural
alterations in Government buildings or other real property without the advance,
written approval of the Contracting Officer. Fixed improvement or structural
alterations, as used herein, means any alteration or improvement in the nature
of the building or other real property that, after completion, cannot be
removed without substantial loss of value or damage to the premises. Title to
such property shall vest in the Government.
(d) The Contractor
shall report any real property or any portion thereof when it is no longer
required for performance under the contract, as directed by the Contracting
Officer.
(End of clause)
1852.245–83
Real Property Management Requirements.
As prescribed in
1845.106–70(n), insert the following clause:
REAL PROPERTY MANAGEMENT REQUIREMENTS
(JANUARY 2011)
(a) In addition to
the requirements of the FAR Government Property Clause incorporated in this
contract (FAR 52.245–1), the Contractor
shall comply with the following in performance of any maintenance,
construction, modification, demolition, or management activities of any
Government real property:
(1) NPD
8800.14, Policy for Real Property Management.
(2) NPR 8831.2,
Facility Maintenance Management.
[Insert any
real property related Center requirements here]
(b) Within 30
calendar days following award, the Contractor shall provide a plan for
maintenance of Government real property provided for use under this contract.
The Contractor’s maintenance program shall enable the identification,
disclosure, and performance of normal and routine preventative maintenance and
repair. The Contractor shall disclose and report to the Contracting Officer the
need for replacement and/or capital rehabilitation. Upon acceptance by the
Contracting Officer, the program shall become a requirement under this
contract.
(c) Title to parts
replaced by the Contractor in carrying out its normal maintenance
obligations shall pass to and
vest in the Government upon completion of their installation in the facilities.
The Contractor shall keep the property free and clear of all liens and
encumbrances.
(d) The Contractor
shall keep records of all work done to real property, including plans, drawings,
charts, warranties, and manuals. Records shall be complete and current. Record
of all transactions shall be auditable. The Government shall have access to
these records at all reasonable times, for the purposes of reviewing,
inspecting, and evaluating the Contractor’s real property management
effectiveness. When real property is disposed of under this contract, the
Contractor shall deliver the related records to the Government.
(e) The Contracting
Officer may direct the Contractor in writing to reduce the work required by the
maintenance program authorized in paragraph (b) of this clause at any time.
(End of clause)
1852.246-70
As prescribed in 1846.370(a),
insert the following clause:
MISSION
CRITICAL SPACE SYSTEM PERSONNEL RELIABILITY
PROGRAM
(MARCH 1997)
(a) In implementation of the
Mission Critical Space System Personnel Reliability Program, described in 14 CFR
1214.5, the Government shall identify personnel positions that are mission
critical. Some of the positions as identified may now or in the future be held
by employees of the Contractor. Upon notification by the Contracting Officer
that a mission-critical position is being or will be filled by one or more of
the Contractor's employees, the Contractor shall (1) provide the affected
employees with a clear understanding of the investigative and medical
requirements and, (2), to the extent permitted by applicable law, assist the
Government by furnishing personal data and medical records.
(b) The standard that will be used in certifying individuals for a
mission-critical position is that they must be determined to be suitable,
competent, and reliable in the performance of their assigned duties in
accordance with the screening requirements 14 CFR 1214.5. If the Government
determines that a Contractor employee occupying or nominated to occupy a
mission-critical position will not be certified for such duty, the Contracting
Officer shall (1) furnish to the employee the specific reasons for its action;
(2) advise the employee that he/she may avail himself/herself of the review
procedures that are a part of the certification system; and (3) furnish him/her
a copy of those procedures upon request.
(c) If a Contractor employee who has been nominated for (but has not yet
filled) a mission-critical position is not certified, the Contractor agrees to
defer the appointment to the position until the employee has had an opportunity
to pursue the referenced procedures. If the employee is an incumbent to the
position, the Contractor agrees, upon the request of the Government, to remove
him/her from the position temporarily pending an appeal of the action under the
review procedures. If any employee not certified elects not to take action
under the procedures, or, if having taken action, is not successful in
obtaining a reversal of the determination, the Contractor agrees not to appoint
the employee to the position, or if already appointed, to promptly remove the
employee.
(End
of clause)
1852.246-71
Government Contract Quality Assurance Functions.
As prescribed in 1846.470,
insert the following clause:
GOVERNMENT
CONTRACT QUALITY ASSURANCE FUNCTIONS
(OCTOBER 1988)
In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated:
|
Item |
Quality Assurance Function |
Location |
[Insert the items involving quality assurance, the quality assurance functions, and where the functions will be performed.]
(End
of clause)
1852.246-72 Material
Inspection and Receiving Report.
As prescribed in 1846.674,
insert the following clause:
MATERIAL
INSPECTION AND RECEIVING REPORT
(AUGUST 2003)
(a) At the time of each delivery
to the Government under this contract, the Contractor shall furnish a Material
Inspection and Receiving Report (DD Form 250 series) prepared in
[Insert number of copies, including original] copies, an original and
copies [Insert number of copies].
(b) The Contractor shall prepare the DD Form 250 in accordance with NASA FAR
Supplement 1846.6. The Contractor shall
enclose the copies of the DD Form 250 in the package or seal them in a
waterproof envelope, which shall be securely attached to the exterior of the
package in the most protected location.
(c) When more than one package is involved in a shipment, the Contractor shall
list on the DD Form 250, as additional information, the quantity of packages
and the package numbers. The Contractor shall forward the DD Form 250 with the
lowest numbered package of the shipment and print the words "CONTAINS DD
FORM 250" on the package.
(End
of clause)
1852.246-73
Human Space Flight Item.
As prescribed in 1846.370(b),
insert the following clause:
HUMAN
SPACE FLIGHT ITEM
(MARCH 1997)
The Contractor shall include the following statement in all subcontracts and purchase orders placed by it in support of this contract, without exception as to amount or subcontract level:
"FOR USE IN HUMAN SPACE FLIGHT; MATERIALS, MANUFACTURING, AND WORKMANSHIP OF HIGHEST QUALITY STANDARDS ARE ESSENTIAL TO ASTRONAUT SAFETY.
IF YOU ARE ABLE TO SUPPLY THE DESIRED ITEM WITH A HIGHER QUALITY THAN THAT OF THE ITEMS SPECIFIED OR PROPOSED, YOU ARE REQUESTED TO BRING THIS FACT TO THE IMMEDIATE ATTENTION OF THE PURCHASER."
(End
of clause)
1852.247-71
Protection of the
As prescribed in 1847.7001,
insert the following clause:
PROTECTION
OF THE
(MARCH 1989)
(a) Pursuant to the Endangered
Species Act of 1973 (Pub. L. 93-205), as amended, and the Marine Mammals
Protection Act of 1972 (Pub. L. 92-522), the Florida Manatee (Trichechus Manatus) has been
designated an endangered species, and the Banana and Indian Rivers within and
adjacent to NASA's Kennedy Space Center (KSC) have been designated as a
critical habitat of the Florida Manatee.
(b) Contractor personnel involved in vessel operations, dockside work, and
selected disassembly functions shall be provided training relative to (1)
habits and characteristics of the Florida Manatee, (2) provisions of the applicable
laws, (3) personal liability of workers under the laws, and (4) operational
restrictions imposed by KSC.
(c) All vessel operations shall be conducted within the posted speed
restrictions, and vessels shall be operated at minimum controllable speeds in
all KSC waters. Shallow-water operations are prohibited.
(d) Training will be conducted by personnel of the U.S. Fish and Wildlife
Service (USFWS). The contractor agrees to cooperate with the USFWS by allowing
access at reasonable times and places (including shipboard) to USFWS personnel,
and by making available such contractor personnel as are required to have the
training. Arrangements for training will be made as follows:
(1) For personnel involved in tug, barge, or marine operations, through the Lockheed
Space Operations Contractor, Transportation Coordination Center, Kennedy Space
Center, Florida, telephone (407) 867-5330.
(2) For all other personnel, through the Systems Training and Employee
Development Branch, Code PM-TNG, telephone (407) 867-2737.
(e) The contractor shall incorporate the provisions of this clause in
applicable subcontracts (including vendor deliveries).
(End
of clause)
1852.247-72
Advance Notice of Shipment.
As prescribed in 1847.305-70(a),
insert the following clause:
ADVANCE
NOTICE OF SHIPMENT
(OCTOBER 1988)
[Insert number of work days] work days prior to shipping item(s) [Insert items to be shipped], the Contractor shall furnish the anticipated shipment date, bill of lading number (if applicable), and carrier identity to [Insert individual(s) to receive notification] and to the Contracting Officer.
(End
of clause)
1852.247-73 Bills of Lading.
As prescribed in 1847.305-70(b), insert a clause substantially as follows:
BILLS OF LADING
(JUNE 2002)
The
purpose of this clause is to define when a commercial bill of lading or a
government bill of lading is to be used when shipments of deliverable items under
this contract are f.o.b. origin.
(a) Commercial Bills of Lading.> All
domestic shipments shall be made via commercial bills of lading (CBLs). The Contractor shall prepay domestic
transportation charges. The Government
shall reimburse the Contractor for these charges if they are added to the
invoice as a separate line item supported by the paid freight receipts. If paid
receipts in support of the invoice are not obtainable, a statement as described
below must be completed, signed by an authorized company representative, and
attached to the invoice.
I certify that the shipments identified below have been made, transportation
charges have been paid by (company name), and paid freight or comparable
receipts are not obtainable.
Contract or Order Number:
Destination:
".
(b) Government Bills of
Lading. (1) International (export)
and domestic overseas shipments of items deliverable under this contract shall
be made by Government bills of lading (GBLs).
As used in this clause, “domestic overseas” means non-continental
(2) At least 15 days before
shipment, the Contractor shall request in writing GBLs from:
[Insert name, title, and mailing address of designated transportation officer
or other official delegated responsibility for GBLs]. If time is limited,
requests may be by telephone:
[Insert appropriate telephone number]. Requests for GBLs shall include the
following information.
(i)
Item identification/ description.
(ii) Origin and destination.
(iii) Individual and total weights.
(iv) Dimensional Weight.
(v)
Dimensions and total cubic footage.
(vi) Total number of pieces.
(vii) Total dollar value.
(viii) Other pertinent data.
(End of clause)
1852.249-72
Termination (Utilities).
As prescribed in 1849.505-70,
insert the following clause. The period of 30 days may be varied not to exceed
90 days.
TERMINATION
(UTILITIES)
(MARCH 1989)
The Government, at its option, may terminate this contract by giving written notice not less than 30 days in advance of the termination's effective date.
(End
of clause)
Subpart 1852.3--Provision and Clause Matrix
The matrix in this subpart
contains a column for each principal type and/or purpose of contract. See the
first page of the matrix for the key to column headings, the dollar threshold
chart, and requirement symbols.