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.
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[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.
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[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.
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(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.
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(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.
