INCORPORATED INTO THE NFS BY PN 04-56

 

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07-09

Procurement Information Circular


September 11, 2007

 

CLASS DEVIATION TO PROVIDE INTERIM NASA GOVERNMENT PROPERTY SOLICITATION PROVISIONS AND CONTRACT CLAUSES

 

PURPOSE:  To issue a class deviation to provide interim property related provisions, clauses, and guidance consistent with the new FAR Part 45, until a revised NFS is issued. 

 

BACKGROUND:  Federal Acquisition Circular (FAC) 2005-17 significantly rewrote FAR Part 45, Government Property, and reduced the number of property related provisions and clauses in the FAR from 19 to 3.  This significant change to FAR property rules and reduction in FAR provisions and clauses resulted in the need to make significant changes to the NFS property-related regulations. The instructions, prescriptions, provisions, and clauses detailed in Enclosures 1 and 2 are required by this deviation to be used in place of the related language in the current NFS Part 1845 and related provisions and clauses, until the revised versions are published.

 

GUIDANCE:  Contracting officers shall suspend use of the existing NFS solicitation provision and contract clauses at 1852.245. All solicitations issued and contracts awarded on or after the effective date of this PIC shall utilize the solicitation provisions and contract clauses contained in Enclosure 1, in accordance with the prescriptions and instructions contained in Enclosure 2.  In addition, contracting officers shall use the instructions in Enclosure 2 at 1845.201 and 1845.202 in preparation of solicitations and evaluation of proposals for solicitations issued after the effective date of this PIC.

 

Solicitations issued prior to this PIC should be amended to include the applicable provisions and clauses if a contract has not been awarded. When the proposal evaluation process has already begun, the clauses may be negotiated into the resulting contract where practicable.  

 

Contracts awarded on or after the effective date of the FAC (14 June 2007) but before issuance of this PIC, should be reviewed to determine the feasibility of amending the contracts to contain the new clauses where applicable.

 

This PIC does not void the reporting requirements of PIC 04-12, and the monthly property financial reporting requirements of that PIC are still in effect.  In summary, PIC 04-12 requires contractor monthly property financial reporting in the Contractor-Held Asset Tracking System (CHATS) for all contracts anticipated to have Government property with an acquisition value greater than $10 million. 

 

EFFECTIVE DATE:  This PIC is effective as dated and shall remain in effect until cancelled or superseded. 

 

HEADQUARTERS CONTACT:  Carl C. Weber, Office of Procurement, Contract Management Division, (202 )358-1784, email: carl.c.weber@nasa.gov.

 

 

Sheryl Goddard

Acting Assistant Administrator for Procurement

 

Enclosures

 

DISTRIBUTION:

  PIC List



1852.245-70 Contractor Requests for Government-Provided Property.

    As prescribed in 1845.107-70(a)(1), insert the following clause:

CONTRACTOR REQUESTS FOR GOVERNMENT-PROVIDED PROPERTY (DEVIATION)

(SEPTEMBER 2007)

    (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.

    (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 52.245-1, Government Property.

(End of clause)

 

ALTERNATE I (DEVIATION)

(SEPTEMBER 2007)

    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 (DEVIATION)

(SEPTEMBER 2007)

    (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, NASA Materials Inventory Management Manual

    NASA Procedural Requirements (NPR) 4200, NASA Equipment Management Procedural Requirements

    NASA Procedural Requirement (NPR) 4300, 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 FAR 52.245-1.

 

The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities.  Such procedures must include holding employees liable, when appropriate, for loss, damage, or destruction of Government property.

 

    (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 of the property as required by FAR 52.245-1, Government Property, and furnish to the Industrial Property Officer a DD Form 1149, Requisition and Invoice/Shipping Document, (or installation equivalent) to transfer accountability to the Government within 5 working days after receipt of the property by the Contractor.  The Contractor is accountable for all contractor-acquired property until the property is transferred to the Government’s accountability.

                (iv) Contractor use of Government property at an off-site location and off-site subcontractor use require 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, 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]. 

             (ii) 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. 

            (iii) 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 (DEVIATION)

(SEPTEMBER 2007)

    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 (DEVIATION)

(SEPTEMBER 2007)

    (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, or when sustained while the property is being worked upon and directly resulting from that work, including, but not limited to, any repairing, adjusting, inspecting, servicing, or maintenance operation.  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) In addition to any insurance (including self-insurance funds or reserves) carried by the Contractor and in effect on the date of this contract affording protection in whole or in part against loss, damage, or destruction of  such Government property furnished for servicing, the amount and coverage of which the Contractor agrees to maintain, the Contractor further agrees to obtain any  additional insurance covering such loss, damage, or destruction that the Contracting Officer may from time to time require.  The requirements for this additional insurance shall be effected under the procedures established by the Changes clause of this contract.

    (e) 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 1845.107-70(d), insert the following clause:

FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTRACTORS
(SEPTEMBER 2007)

    (a) The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with the provisions of 1845.505-14, the instructions on the form, 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 1845.505-14 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 (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 (DEVIATION)

(SEPTEMBER 2007)

    (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 Handbook. This includes deliverable equipment listed in the schedule and other equipment when 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) Property shall be marked in a location that will be human readable, without disassembly or movement of the property, 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 items physically transferred under paragraph (a) the following additional data is required:

          (1) Date originally placed in service.

          (2) Item condition.

          (3) Date last serviced.

    (e) The data required in paragraphs (c) and (d) 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 (DEVIATION)

(SEPTEMBER 2007)

    (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 and Industrial Property Officer (IPO), 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.

    (b) The Contractor shall contact the IPO at:

(fill in IPO name, address, telephone number and email)

(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 (DEVIATION)

(SEPTEMBER 2007)

    (a) 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.  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.

Item

Description

Acquisition

Date

Acquisition

Cost

Quantity

If equipment

 

 

 

 

Manufacturer

Model

Serial

 Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    [Insert a description of the item(s), quantity, acquisition cost, and date the property will be furnished to the Contractor]

(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

(SEPTEMBER 2007)

    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 FAR 52.245-2, Government Property Installation Operation Services.  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. 

Item

Description

Acquisition

Date

Acquisition

Cost

Quantity

If equipment

 

 

 

 

Manufacturer

Model

Serial

 Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    [Insert a description of the item(s), quantity, acquisition cost, and date the property will be furnished to the   Contractor]

(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 (DEVIATION)

(SEPTEMBER 2007)

    (a) In addition to physical inventory requirements under the clause at FAR 52.245-1, Government Property, 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, condition 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 NASA Industrial Property Officer (IPO), 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 NASA IPO, when all of the conditions in either (1) or (2) below 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,

                  (i)  The Contractor provides written confirmation that the Government property exists in the recorded condition and location; and

                  (ii) The items continue to be used exclusively for performance of the contract or as otherwise authorized by the Contracting Officer.

          (3) The Contractor shall submit the request to the cognizant property administrator and obtain approval from the IPO prior to implementation of the practice.

    (c) The Contractor shall report the results of the physical inventory to the property administrator and the NASA Industrial Property Officer 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, damage or destruction, 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 all physical inventory records, including records of all 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 (DEVIATION)

(SEPTEMBER 2007)

    (a) Items of Government property flown in space or used to support other pioneering NASA programs have increased probability of historic significance and an intrinsic value that is likely to exceed their unused material or physical value. Descriptions of physical characteristics alone are often insufficient to determine an item’s historic significance or real value. In addition to the property record data required by the clause at FAR 52.245-1, Government Property 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-furnished property prior to disposition without the advanced written approval of the NASA Industrial Property Officer. 

(End of clause)

 

1852.245-80 Government Property Management Information.

    As prescribed in 1845.107-70 (k), insert the following provision.

GOVERNMENT PROPERTY MANAGEMENT INFORMATION (DEVIATION)

(SEPTEMBER 2007)

    (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, 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.

    (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 be in list form, parts shall be grouped by and identify the end item or system and shall include all descriptive information, manufacturer, model, part, catalog or other identification numbers (when available), quantities required, and estimated unit costs.

    (h)  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, 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. 

    (i) Existing Government property may be reviewed at the following locations, dates, and times:

[Enter the appropriate information]

(End of provision)

 

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 (DEVIATION)

(SEPTEMBER 2007)

    (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.  The offeror shall notify the Government, as part of its proposal, of its intention to use or not use the property.

Item

Description

Acquisition

Date

Acquisition

Cost

Quantity

If equipment

 

 

 

 

Manufacturer

Model

Serial

 Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    (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.  The offeror shall notify the Government of its intention to use or not use the property.

Item

Description

Acquisition

Date

Acquisition

Cost

Quantity

If equipment

 

 

 

 

Manufacturer

Model

Serial

 Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    (c) The selected Contractor will be responsible for costs associated with transportation, and installation of the property listed in this provision.

(End of clause)

 

1852.245-82 Occupancy Management Requirements.

    As prescribed in 1845.106-70(m), insert the following clause:

OCCUPANCY MANAGEMENT REQUIREMENTS (DEVIATION)

(SEPTEMBER 2007)

    (a) In addition to the requirements of the clause at FAR 52.245-1, Government Property, 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 (DEVIATION)

(SEPTEMBER 2007)

    (a) In addition to the requirements of the FAR Government Property Clause (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) at any time.

(End of clause)



PART 1845

GOVERNMENT PROPERTY

 

1845.107 Contract clauses.

 

1845.107-70 NASA solicitation provisions and contract clauses.

    (a)(1) The contracting officer shall insert the clause at 1852.245-70, Contractor Requests for Government-Provided Property, in cost reimbursement solicitations and contracts          

        (2) Use the clause with its Alternate I when the installation 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 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 no-charge 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 property provided for offsite use, separately in the contract. This Government property is furnished under FAR 52.245-1, 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.  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 1852.245-72, Liability for 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 1852.245-73, Financial Reporting of NASA Property in the Custody of Contractors, in cost reimbursement solicitations and contracts unless all property to be provided is subject to the clause at 1852.245-71, Installation-Accountable Government Property. The clause shall also be included 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 1852.245-74, Identification and Marking of Government Property, in solicitations and contracts that –

          (1)  Include the clause at FAR 52.245-1; or

          (2)  Require the delivery of supplies.

    (f) The contracting officer shall insert the clause at 1852.245-75, 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 1852.245-76, List of Government Property Furnished Pursuant to FAR 52.245-1, 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 1852.245-77, List of Government Property Furnished Pursuant to FAR 52.245-2, in solicitations and contracts containing the clause at 52.245-2, Government Property Installation Operation Services.

          (1) The contracting officer shall insert the following language in the blanks in paragraph (e) of the clause at 52.245-2, when including this clause in solicitations and contracts: “The Government property provided under this clause is identified in clause 1852.245-77 of this contract.”

    (i) The contracting officer shall insert the clause at 1852.245-78, 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 1852.245-79, Records and Disposition Reports for Government Property with Potential Historic or Significant Real Value, in solicitations and contracts when, after consultation with the center Public Affairs Officers, 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) The contracting officer shall insert the provision at 1852.245-80, 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.

    (l) The contracting officer shall insert the provision at 1852.245-81, 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 1852.245-82, Occupancy Management Requirements, in solicitations and contracts that require performance on, or in, any NASA Center, Installation, facility or other NASA owned property.

    (n) The contracting officer shall insert the clause at 1852.245-83 “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.

 

Subpart 1845.2 – Solicitation and Evaluation Procedures

 

1845.201 Solicitation.

 

1845.201-70 NASA solicitation preparation procedures.

    (a) The contracting officer shall provide a copy of the solicitation (or contract if no solicitation is used) to the center industrial property officer (IPO) for review when --  

          (1) A cost-reimbursement contract is anticipated;

          (2) The value of the acquisition exceeds the simplified acquisition threshold and the work is to be performed within the physical confines of the center;

          (3) Existing Government property may be furnished; or

          (4) Contractors may acquire property that will be titled to the Government under the provisions of FAR 52.245-1, Government Property, or FAR 52.245-2, Government Property Installation Operation Services.

    (b) IPO’s shall review the solicitation to --

          (1) Ensure the correct application of property clauses based on the contract type, situation, and product or services ordered;

          (2) Ascertain the contract's possible impact on center property or logistics operations and advise the center's Supply and Equipment Management Officer of those possible impacts; and

          (3) Assure that appropriate property transactions for existing Government property, from internal sources and prior contracts, have been properly reported to NASA property and financial systems.

    (c)(1) Items of Government property used to support NASA programs often become historically significant. In addition, property used by NASA programs often has value that exceeds other property with identical material or physical characteristics. This is particularly true for property that has flown in space. Descriptions of physical characteristics and condition are insufficient to determine an item’s historic significance or real value. NASA Center Public Affairs Offices are responsible for determining whether property meets the criteria for designation as historically significant. It is essential that items of historic significance are retained for the benefit of current and future generations. NASA must also obtain maximum value for property offered for sale.

          (2) The contracting officer shall contact the Center Public Affairs Office to determine whether 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. 

          (3) Center Public Affairs Officers shall advise the contracting officer when they believe that property produced or acquired for the Government under the contract may have increased historic significance or increased value due to its use in support of NASA activities or programs.

 

1852.202 Evaluation procedures.

 

1852.202-70 NASA evaluation procedures.

    (a) The contracting officer shall provide the offeror’s proposed property management standards and practices to the IPO for review and evaluation prior to award.

    (b) When an offeror’s proposal requests the Government to provide commercially available equipment, and the commercially available equipment is not required as an end item deliverable or part thereof, the contracting officer should assure that the integrity of the competitive process by --

          (1) Adjusting the offeror’s proposal to compensate for the value of the Government-provided, commercially available equipment; or

          (2) Charging appropriate rent in accordance with the clause at FAR 52.245-9, Use and Charges. As the purpose for rent is to obtain just consideration for the Government’s assumption of risk and cost, rent for commercially available equipment provided after award may not be treated as an allowable direct cost under the contract.

    (c) IPOs shall review proposals to determine whether or not the offeror’s proposed industry leading standards and practices and/or voluntary consensus standards are sufficient to manage property, from planning through disposition, under the circumstances of the contract. 

          (1) If the IPO is unfamiliar with the offeror, the circumstances of the contract or the performance situation, the IPO may request the assistance of the cognizant property administrator for evaluation of the standards, practices, situation and history of property management performance at the offeror’s place of performance.

          (2) The IPO shall provide a written determination of the evaluation, listing any proposed changes or improvements, to the contracting officer prior to award.

    (d) The contracting officer shall require changes or improvements to the offeror’s property management practices, standards, or processes as recommended by the IPO.  The contracting officer shall advise the offeror that its property management practices, standards, and processes will not be considered adequate for the protection, preservation, and management of Government property, and that the Government will not accept risk under the property clause until the recommended changes or improvements are made.