97-79

Procurement Notice


November 12, 2002                                                                              

GOVERNMENT PROPERTY—INSTRUCTIONS FOR PREPARING NASA FORM 1018

BACKGROUND:  This PN revises the NASA FAR Supplement to provide policies and procedures for proper reporting of heritage assets as part of contractor annual reports of NASA property in its custody, and to clarify other property classifications.  This change will ensure consistent reporting of NASA property by contractors.

 

ACQUISITIONS AFFECTED BY CHANGES:  All contracts that require NASA Form 1018 reports.

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  Ensure that 1018 reports comply with the reporting changes.

 

CLAUSE/PROVISION CHANGES:  This PN makes no changes to clauses or provisions.

 

PARTS AFFECTED:  Changes are made in Part 1845.

 

REPLACEMENT PAGES:  You may use the enclosed pages to replace 45:13 through 45:28.

 

TYPE OF RULE AND PUBLICATION DATE:  This PN was published as an interim rule in the Federal Register (67 FR 68533 - 68535) on November 12, 2002.

 

HEADQUARTERS CONTACT:  Lou Becker, Code HK, (202) 358-4593, e-mail: lbecker@hq.nasa.gov.

 

 

R. Scott Thompson

Director, Contract Management Division

 

Enclosures


1845.615  Accounting for contractor inventory.

   A copy of Standard Form 1424, Inventory Disposal Report, shall be provided to the center industrial property officer or the PDO.

 

Subpart 1845.70--Reserved

 

Subpart 1845.71--Forms Preparation

 

1845.7101  Instructions for preparing NASA Form 1018.

   NASA must account for and report assets in accordance with 31 U.S.C. 3512 and 31 U.S.C. 3515, Federal Accounting Standards, and Office of Management and Budget (OMB) instructions.  Since contractors maintain NASA’s official records for its assets in their possession, NASA must obtain annual data from those records to meet these requirements.  Changes in Federal Accounting Standards and OMB reporting requirements may occur from year to year, requiring contractor submission of supplemental information with the NASA Form (NF) 1018.  Contractors shall retain documentation that supports data reported on NF 1018 in accordance with FAR subpart 4.7, Contractor Records Retention.  Classifications of property, related costs to be reported, and other reporting requirements are discussed in this subpart.  NASA Form 1018 (see 1853.3) provides critical information for NASA financial statements and property management.  Accuracy and timeliness of the report are very important.  If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) to discuss corrective action.  IPO’s shall work with NASA Center finance personnel to determine appropriate corrective action and provide guidance to contractors.

 

1845.7101-1  Property classification.

(a)    General.

      (1)  Contractors shall report costs in the classifications on NF 1018, as described in this section.  The cost of heritage assets will be reported on the NF 1018 under the appropriate classification.  Supplemental reporting may also be required.  Heritage assets are property, plant and equipment that possess one or more of the following characteristics:

            (i)  Historical or natural significance;

            (ii) Cultural, educational or aesthetic value; or

            (iii) Significant architectural characteristics. 

       (2) Examples of NASA heritage assets include buildings and structures designated as National Historic Landmarks as well as aircraft, spacecraft and related components on display to enhance public understanding of NASA programs.  Heritage assets which serve both a heritage and government operation function are considered multi-use when the predominant use is in general government operations.  Multi-use heritage assets will not be considered heritage assets for NF 1018 supplemental reporting purposes.

  (b)  Land.  Includes costs of land and improvements to land.   Contractors shall report land with a unit acquisition cost of $100,000 or more.

   (c)  Buildings.  Includes costs of buildings, improvements to buildings, and fixed equipment required for the operation of a building which is permanently attached to and a part of the building and cannot be removed without cutting into the walls, ceilings, or floors.  Contractors shall report buildings with a unit acquisition cost of $100,000 or more.  Examples of fixed equipment required for functioning of a building include plumbing, heating and lighting equipment, elevators, central air conditioning systems, and built-in safes and vaults.

  (d)  Other Structures and Facilities.  Includes costs of acquisitions and improvements of real property (i.e. structures and facilities other than buildings); for example, airfield pavements, harbor and port facilities, power production facilities and distribution systems, reclamation and irrigation facilities, flood control and navigation aids, utility systems (heating, sewage, water and electrical) when they serve several buildings or structures, communication systems, traffic aids, roads and bridges, railroads, monuments and memorials, and nonstructural improvements such as sidewalks, parking areas, and fences.  Contractors shall report other structures and facilities with a unit acquisition cost of $100,000 or more and a useful life of two years or more.

  (e)  Leasehold improvements.  Includes NASA-funded costs of improvements to leased buildings, structures, and facilities, as well as easements and right-of-way, where NASA is the lessee or the cost is charged to a NASA contract.  Contractors shall report leasehold

improvements with a unit acquisition cost of $100,000 or more and a useful life of two years or more. 

  (f)  Construction in Progress.  Includes costs of work in process for the construction of Buildings, Other Structures and Facilities, and Leasehold Improvements to which NASA has title, regardless of value.

   (g) Equipment.  Includes costs of commercially available personal property capable of stand-alone use in manufacturing supplies, performing services, or any general or administrative purpose (for example, machine tools, furniture, vehicles, computers, software, test equipment, including their accessory or auxiliary items).  Software integrated into and necessary to operate another item of Government property is considered to be an auxiliary item (see FAR 45.501) and should be considered part of the item of which it is an integral part.  Other software shall be classified as an individual item of equipment for reporting purposes if $100,000 or over.  Software licenses are excluded.  Contractors shall separately report:

       (1) the amount  for all items with a unit acquisition cost of $100,000 or more and a useful life of two years or more; and

       (2) All other items.

  (h) Special Tooling.  Includes costs of equipment and manufacturing aids (and their components and replacements) of such a specialized nature that, without substantial modification or alteration, their use is limited to development or production of particular supplies or parts, or performance of particular services (see FAR 45.101). Examples include jigs, dies, fixtures, molds, patterns, taps and gauges. Contractors shall separately report:

       (1) the amount for all items with a unit acquisition cost of $100,000 or  more and a useful life of two years or more; and

       (2) All other items.

   (i) Special Test Equipment.  Includes costs of equipment used to accomplish special purpose testing in performing a contract, and items or assemblies of equipment (see FAR 45.101).  Contractors shall separately report:

(1) the amount for all items with a unit acquisition cost of $100,000 or more and a useful life of two years or more; and

       (2)  All other items.

 (j)  Material.  Includes costs of NASA-owned property held in inventory regardless of whether or not it is unique to NASA programs that may become a part of an end item or be expended in performing a contract.  Examples include raw and processed material, spares, parts, assemblies, small tools and supplies.  Material that is part of work-in-process is not included.  Contractors shall report the amount for all Materials in inventory, regardless of unit acquisition cost.

   (k) Agency-Peculiar Property.  Includes costs of completed items, unique to NASA aeronautical and space programs which are capable of stand alone operation.  Examples include research aircraft, reusable space vehicles, ground support equipment, prototypes, and mock-ups.  The amount of property, title to which vests in NASA as a result of progress payments to fixed price subcontractors, shall be included to reflect the pro rata cost of undelivered agency-peculiar property.  Completed end items which otherwise meet the definition of Agency-Peculiar Property, but are destined for permanent operation in space, such as satellites and space probes, shall be reported as Contract Work in Process.  Contractors shall separately report:

       (1) the amount for all items with a unit acquisition cost of $100,000 or more and a useful life of two years or more; and

       (2)  All other items.

   (l)  Contract Work-in-Process.  Includes costs of all work-in-process regardless of value; excludes costs of completed items reported in other categories.  Includes completed end items of property which otherwise meet the definition of Agency-Peculiar Property, but are destined for permanent operation in space, such as satellites and space probes.

 

1845.7101-2  Transfers of property.

  A transfer is a change in accountability between and among prime contracts, NASA Centers, and other Government agencies (e.g., between contracts of the same NASA Center, contracts of different NASA Centers, a contract of one NASA Center to another, a NASA Center to a contract of another NASA Center, and a contract to another Government agency or its contract).  To enable NASA to properly control and account for transfers, they shall be adequately documented.  Therefore, procurement, property, and financial organizations at NASA Centers must effect all transfers of accountability, although physical shipment and receipt of property may be made directly by contractors. The procedures described in this section shall be followed to provide an administrative and audit trail, even if property is physically shipped directly from one contractor to another.  Property shipped between September 1 and September 30, inclusively, shall be accounted for and reported by the shipping contractor, regardless of the method of shipment, unless written evidence of receipt at destination has been received.  Repairables provided under fixed price repair contracts that include the clause at 1852.245-72, Liability for Government Property Furnished for Repair or Other Services, remain accountable to the cognizant NASA Center and are not reportable on NF 1018; repairables provided under a cost-reimbursement contract, however, are accountable to the contractor and reportable on NF 1018.  All materials provided to conduct repairs are reportable, regardless of contract type.

  (a)  Approval and Notification.  The contractor must obtain approval of the contracting officer or designee for transfers of property before shipment.  Each shipping document must contain contract numbers, shipping references, property classifications in which the items are recorded (including Federal Supply Classification group (FSC) codes for equipment), unit acquisition  costs (as defined in 1845.7101-3, Unit Acquisition Cost), original acquisition dates for items with a unit acquisition cost of $100,000 or more and a useful life of two years or more, and any other appropriate identifying or descriptive data.  Where the DD Form 250, Material Inspection and Receiving Report, is used, the FSC code will be part of the national stock number (NSN) entered in Block 16 or, if the NSN is not provided, the FSC alone shall be shown in Block 16.  The original acquisition date shall be shown in Block 23, by item.  Other formats, such as the DD Form 1149, Requisition and Invoice/Shipping Document, should be clearly annotated with the required information.  Unit acquisition costs shall be obtained from records maintained pursuant to FAR Part 45 and this Part 1845, or, for uncompleted items where property records have not yet been established, from such other record systems as are appropriate such as manufacturing or engineering records used for work control and billing purposes.  Shipping contractors shall furnish a copy of the shipping document to the cognizant property administrator.  Shipping and receiving contractors shall promptly submit copies of shipping and receiving documents to the Center Deputy Chief Financial Officer, Finance, responsible for their respective contracts when accountability for NASA property is transferred to, or received from, other contracts, contractors, NASA Centers, or Government agencies.

  (b)  Reclassification.  If property is transferred to another contract or contractor, the receiving contractor shall record the property in the same property classification and amount appearing on the shipping document.  For example, when a contractor receives an item from another contractor that is identified on the shipping document as equipment, but that the recipient intends to incorporate into special test equipment, the recipient shall first record the item in the equipment account and subsequently reclassify it as special test equipment. Reclassification of equipment, special tooling, special test equipment, or agency-peculiar property requires prior approval of the contracting officer or a designee.

  (c)  Incomplete documentation.  If contractors receive transfer documents having insufficient detail to properly record the transfer (e.g., omission of property classification, FSC, unit acquisition cost, acquisition date, etc.) they shall request the omitted data directly from the shipping contractor or through the property administrator as provided in FAR 45.505-2.  The contracting officer shall assist the Government Property Administrator and the receiving contractor to obtain all required information for the receiving contractor to establish adequate property records.

 

1845.7101-3  Unit acquisition cost.

  (a)  The unit acquisition cost shall include all costs incurred to bring the property to a form and location suitable for its intended use. The following is representative of the types of costs that shall be included, when applicable:

(1)  Amounts paid to vendors or other contractors.

(2)  Transportation charges to the point of initial use.

(3)  Handling and storage charges.

(4)  Labor and other direct or indirect production costs (for assets produced or constructed).

(5)  Engineering, architectural, and other outside services for designs, plans, specifications, and surveys.

(6)  Acquisition and preparation costs of buildings and other facilities.

(7)  An appropriate share of the cost of the equipment and facilities used in construction work.

(8)  Fixed equipment and related installation costs required for activities in a building or facility.

(9)  Direct costs of inspection, supervision, and administration of construction contracts and construction work.

(10) Legal and recording fees and damage claims.

(11) Fair values of facilities and equipment donated to the Government.

  (b)  Acquisition cost shall include, where appropriate, for contractor acquired property, related fees, or a pro rata portion of fees, paid by NASA to the contractor.  Situations where inclusion of fees in the acquisition cost would be appropriate are those in which the contractor designs, develops, fabricates or purchases property for NASA and part of the fees paid to the contractor by NASA are related to that effort.

  (c)  The use of weighted average methodologies is acceptable for valuation of Material.

  (d)  Contractors shall report unit acquisition costs using records that are part of the prescribed property or financial control system as provided in this section.  Fabrication costs shall be based on approved systems or procedures and include all direct and indirect costs of fabrication.

  (e)  Only modifications that improve an item’s capacity or extend its useful life two years or more and that cost $100,000 or more shall be reported on the NF 1018 on the $100,000 & Over line.  The costs of any other modifications, excluding routine maintenance, will be reported on the Under $100,000 line.  If an item’s original unit acquisition cost is less than $100,000, but a single subsequent modification costs $100,000 or more, that modification only will be reported as an item $100,000 or more on subsequent NF 1018s.  The original acquisition cost of the item will continue to be included in the under $100,000 total.  The quantity for the modified item will remain “1” and be reported with the original acquisition cost of the item.  If an item’s acquisition cost is reduced by removal of components so that its remaining acquisition cost is under $100,000, it shall be reported as under $100,000.

  (f)  The computation of work in process shall include all direct and indirect costs of fabrication, including associated systems, subsystems, and spare parts and components furnished or acquired and charged to work in process pending incorporation into a finished item. These types of items make up what is sometimes called production inventory and include programmed extra units to cover replacement during the fabrication process (production spares).  Also included are deliverable items on which the contractor or a subcontractor has begun work, and materials issued from inventory.  Work in Process shall include the unit acquisition cost of completed end items of property which  otherwise meet the definition of Agency-Peculiar Property, but which are destined for permanent operation in space, such as satellites and space probes.

 

1845.7101-4  Types of deletions from contractor property records.

  Contractors shall report the types of deletions from contract property records as described in this section.

  (a)  Lost, Damaged or Destroyed. Deletion amounts that result from relief from responsibility under FAR 45.503 granted during the reporting period.

  (b) Transferred in Place.  Deletion amounts that result from transfer of property to a follow-on prime contract or other prime contract with the same contractor.

  (c)  Transferred to NASA Center Accountability.  Deletion amounts that result from transfer of accountability to the NASA Center responsible for the contract, whether or not items are physically moved.

  (d)  Transferred to Another NASA Center.  Deletion amounts that result from transfer of accountability to a NASA Center other than the one responsible for the contract, whether or not items are physically moved.

  (e)  Transferred to Another Government Agency.  Deletion amounts that result from transfer of property to another Government agency.

  (f)  Purchased at Cost/Returned for Credit.  Deletion amounts that result from contractor purchase or retention of contractor acquired property as provided in FAR 45.605-1, or from contractor returns to suppliers under FAR 45.605-2.

  (g)  Disposed of Through Plant Clearance Process.  Deletions other than transfers within the Federal Government, e.g., donations to eligible recipients, sold at less than cost, or abandoned/directed destruction, or trade-ins.

  (h) Other.  Types of deletion other than those reported in paragraph (a) through (g) of this section such as those resulting from reclassifications (e.g. from equipment to agency-peculiar property).

 

1845.7101-5  Contractor's privileged financial and business information.

  If a transfer of property between contractors involves disclosing costs of a proprietary nature, the contractor shall furnish unit acquisition costs only on  copies of  shipping documents sent to the shipping and receiving NASA Centers.

 

1845.7102     Instructions for preparing DD Form 1419.

   (a)  The contractor shall enter the essential information covering Sections I and II before submission of DD Form 1419, DOD Industrial Plant Equipment Requisition, to the Industrial Property Officer (IPO).  The IPO shall review each submission for completeness and authenticity.  Incomplete or invalid requests shall be returned for correction.

  (b)  When a suitable item is allocated in Section IV, inspection of the equipment is recommended.  Notification of acceptance or rejection of the item offered must reach NASA within 30 days after allocation.  A copy of the DD Form 1419, or equivalent format, will serve as the clearance document to inspect the equipment at the storage site.  Note acceptance or rejection  of the item, without inspection or after inspection in Section VI.  If the item is acceptable, execute Section VII.  Cite the NASA appropriation symbol where applicable in Section VII.

  (c)  The IPO shall assign a requisition number to each DD Form 1419, or equivalent format request.

  (d)  Next will be a four-digit entry comprised of the last digit of the current calendar year and the Julian date of the year.  For example, April 15, 1997, would be written as 7095 (April 15 being the 95th day of the year).  The last entry will be a four-digit number from 0001 to 9999 to sequentially number requisition forms prepared on the same date. For example, the ninth requisition prepared on April 15, 1997, would be 7095-0009, preceded by the FEDSTRIP/MILSTRIP Activity Address Code.  When submitting subsequent DD Forms 1419, or equivalent format, related to the item requested, the IPO  shall use the same requisition number and add the alpha code to the end of the requisition number to indicate a second or third action on the basic request.  Alpha "A" would indicate a second request, "B" a third, etc.  In this manner, all actions, correspondence, etc., relative to a given request can be identified at all levels of processing by the use of the requisition number.

  (e)  Detailed directions for completing the DD Form 1419 follow.  The contractor may elect to provide the required data in an equivalent format, which complies with these directions.

 

Section I

   Item Description.  To ensure adequate screening, the item description must be complete.  For single-purpose equipment or general-purpose equipment with special features, requests must contain detailed descriptive data as to size and capacities, setting forth special operating features or particular operations required to be performed by the item.

   Block 1.  Not applicable.

   Block 2.  Enter the manufacturer's name and Federal Supply Code for manufacturer (Cataloging Handbook H4-1) of the item requested.

   Block 3.  Enter the manufacturer's model, style, or catalog number assigned to the equipment being requisitioned.  Always use the model number, if available.  The style number is the next preference.  Enter "None" in this block if the model, style or catalog number is not known.

   Block 4.  Enter the first four digits of the National Stock Number, if known.

   Block 5.  Not applicable.

   Block 6.  Self-explanatory.

   Block 7.  Place an "X" in the applicable block to indicate whether you desire to physically inspect the item before acceptance.

   Block 8.  Self-explanatory.

   Block 9.  Enter the complete description of the item.  Continue the description in Block 53 if additional space is needed.

Section II.

   Block 10.  Enter the contractor's name, street address, city, state, and zip code from which the requisition is being initiated.  The address should be the one to which inquiries of a technical nature will be referred. Specify the telephone number of an individual who will respond to inquiries concerning the request.

   Block 11.  Enter the contract number or document number authorizing acquisition of the items shown in Section I.  This normally will be a facility contract number.  Otherwise, it should be a purchase order or procurement request number.

   Block 12.  Self-explanatory.

   Block 13.  Not applicable.

   Block 14.  Disregard the "Military" block. Show the NASA contract number and program for which the item is to be used.

   Block 15.  Enter the specific function to be performed by the equipment.  When applicable, enter the tolerances, capacities, specifications, etc., that the equipment must satisfy.

   Block 16.  Determine the date the item must be installed to meet production requirements.  From this date deduct the estimated number of days required for installation.  Enter the adjusted date in this block.

   Block 17.  Enter the date by which NASA must issue a Certificate of Nonavailability.  Determine the date by subtracting the acquisition lead time and 30 days administrative lead time from the date shown in Block 16.

   Block 18.  Enter the Defense Priority and Allocations System (DPAS) rating assigned to the contract or anticipated purchase order, if applicable.

   Block 19.  Place an "X" in the appropriate box.  If for replacement, identify the item being replaced and the reason for replacement.

   Block 20.  Place  an "X" in the appropriate box.  Show the appropriation symbol if the answer is "yes."

   Block 21.  Not applicable.

   Blocks 22 and 23.  In addition to the official's title and signature, type the signing official's name, office symbol or name, and telephone number plus extension.  The company representative who prepares and submits the requirement to the cognizant NASA certifying office should sign.

   Block 24.  Self-explanatory.

   Block 25a.  Not applicable.

   Block 25b.  Enter the name and address of the installation certifying the requirement.

   Block 25c.  This block is for signature of the property administrator or contracting officer at plant level.

   Block 25d.  Self-explanatory.

   Block 25e.  This block is for the signature of NASA installation official certifying the requirement.

   Block 25f.  Self-explanatory.

Section III.

   Blocks 26-29.  Self-explanatory.

Section IV.

   N/A.

Section V.

   Complete this section if equipment is unavailable.

Section VI.

   Blocks 44-47.  The requesting official signing Section II, Block 23, shall complete Section VI and shall list reasons for non-acceptance in Section VIII, Remarks, or on a separate document attached to the DD Form 1419.

Section VII.

   Block 48.  Enter the complete name, street address, city, state, and zip code of the contractor or installation to which the item is to be shipped.  Indicate railhead and truck delivery points when other than the address named.

   Blocks 49 and 50.  Self-explanatory.

   Blocks 51a. and b.  Ensure that NASA appropriation symbols are included with the work order number.

   Block 51c.  Enter the NASA appropriation symbol chargeable for any special work ordered (e.g., rebuild, repair, or accessory replacement).

   Block 51d.  Enter the NASA installation and office symbol for the organization that will make payment for transportation and packing, crating, and handling.

   Block 52.  Self-explanatory.

Section VIII.

   Block 53.  This block can be used to expand or explain entries made in Blocks 1 through 52.  When requisitioning equipment from excess listings, identify the issuing office, list number, date, control number, and item number assigned to the equipment.  When requesting equipment from DOD inventories, refer to DOD instructions.

 

Subpart 1845.72--Contract Property Management

 

1845.7201  Definitions.

   "Supporting responsibility," as used in this subpart, relates to the assignment of a subcontract, or a portion of a prime contract being performed at a secondary location of the prime contractor, to a property administrator other than the individual assigned to the prime location.

  "Property control system," as used in this subpart, identifies a contractor's internal management program encompassing the protection of, preservation of, accounting for, and control of property from its acquisition through disposition.

 

1845.7202  General.

  This subpart describes major elements of the NASA Contract  Property Management Program.  It provides guidance to NASA installation personnel responsible for NASA contract property (NASA personal property in the possession of contractors). It applies to all NASA installation personnel charged with this responsibility, including industrial property officers and specialists, property administrators, and plant clearance officers. It also provides detailed procedures for property administration.  The NASA Contract Property Management Program includes the following three major elements:

  (a) Performance of property administration and plant clearance by DOD under delegations from NASA, pursuant to 1842.101.

  (b) Performance of property administration and plant clearance by NASA under certain situations, pursuant to 1842.203.

  (c) Maintenance of property administration and plant clearance functional oversight, regardless of delegations. 

 

1845.7203  Delegations of property administration and plant clearance.

  When delegated to DOD, property administration and plant clearance are performed in accordance with DOD's regulations and procedures, as amended by the NASA Letter of Contract Administration Delegation, Special Instructions on Property Administration and Plant Clearance. These Special Instructions are developed by the Headquarters Office of Management Systems and Facilities Logistics Management Office (Code JLG), and are available from that office upon request.  The contracting officer shall issue the Special Instructions with delegations whenever Government property will be involved.  Additional or more tailored property instructions are not proscribed but must be coordinated with Code JLG before issuance.

 

1845.7204  Retention of property administration and plant clearance.

  NASA may occasionally retain the property administration and plant clearance function, such as for contract work performed at the installation awarding the contract and not subject to the clause at 1852.245-71, Installation-Accountable Government Property.  In these cases, property administration shall be performed in accordance with 1845.3 through 1845.6, and plant clearance shall be performed in accordance with FAR Subpart 45.6 and 1845.6.  Under the clause at 1852.245-71, property administration and plant clearance are neither delegated nor retained; they are simply not required because the property is treated as installation rather than contract property.

 

1845.7205  Functional oversight of property administration and plant clearance.

  NASA contracting officers retain functional management responsibility for their contracts. Utilization of the contract administration services of another Government agency in no way relieves NASA contracting officers of their ultimate responsibility for the proper and effective management of contracts. The functional management responsibility for contract property is described in this section. Beyond individual contracting officers, each NASA installation has designated an industrial property officer to manage and coordinate property matters among the various contracting officers, technical officials, contractor officials, and delegated property administrators and plant clearance officers.  Generally, that individual is responsible for the entire contract property management function outlined below; the installation is responsible for the entire function regardless of how it is organized and distributed.  The responsibilities are:

  (a) Provide a focal point for all management of contract property, including Government property (Government-furnished and contractor-acquired) provided to universities as well as to industry.

  (b) Provide guidance to contracting and other personnel on the NASA property provisions.

  (c) To the extent feasible, review property provisions of acquisition plans, solicitations, contracts, and modifications for potential problems.  Propose changes as necessary.

  (d) To the extent feasible, participate in pre-award surveys/post-award orientations when significant amounts of Government property will be involved.

  (e) Ensure that vesting-of-title determinations are made and documented pursuant to FAR 35.014(b).

  (f) Maintain effective communications with delegated property administrators and plant clearance officers to keep fully informed about contractor performance and progress on any property control problems.

      (1) Obtain and review property control system survey summaries for all contracts for which property administration has been delegated.  Advise Code JLG of any severe or continuing problems.

      (2) Provide property administrators copies of all pertinent contract property documentation.

 (g)  Review and analyze NASA Form 1018, NASA Property in the Custody of Contractors.

 (h)  Negotiate, or ensure the negotiation of, facilities contracts when required by FAR 45.302 and 1845.302. Advise Code JLG annually of new and completed facilities contracts.

  (i) Review property administrators' approvals of relief of responsibility for lost, damaged, and destroyed property and question any excessive or repetitive approvals.

  (j) When appropriate, make recommendations to source and performance evaluation boards

regarding property management and award fee criteria and evaluations regarding property management.

  (k) Monitor plant clearance status to preclude delays in contract closeout.

  (l) Maintain contract property files for all transactions and correspondence associated with each contract. Upon receipt of Standard Form 1424, Inventory Disposal Report, and DD Form 1593, Contract Administration Completion Record, or equivalents, merge all property records for the contract and forward for inclusion with the official completed file.

  (m) Perform on-site property administration and plant clearance when they are not delegated to DOD and the property is not subject to the clause at 1852.245-71.

 

1845.7206  Responsibilities of property administrators and plant clearance officers. 

 

1845.7206-1  Property administrators.

  (a) When property administration is not delegated to DOD, the property administrator shall evaluate the contractor's management and control of Government property and ascertain whether the contractor is effectively complying with the contract provisions.  The property administrator's responsibilities include--

      (1) Developing and applying a system survey program for each contractor under the property administrator's cognizance;

      (2) Evaluating the contractor's property control system and approving or recommending disapproval;

      (3) Advising the contracting officer of any (i) contractor noncompliance with approved procedures and (ii) other significant problems the property administrator cannot resolve, and recommending appropriate action, which may include disapproval of the contractor's property control system;

      (4) Resolving property administration matters as necessary with the contractor's management, personnel from Government procurement and logistics activities, and representatives of the NASA Headquarters Office of the Inspector General, the Defense Contract Audit Agency (DCAA), and other Government agencies; and

      (5) Recognizing the functions of other Government personnel having cognizance of Government property and obtaining their assistance when required.  (These functions include, but are not limited to, contract audit, quality assurance, engineering, pricing, and other technical areas. Assistance and advice on matters involving analyses of the contractor's books and accounting records and on any other audit matters deemed appropriate shall be obtained from the cognizant auditor.)

  (b) The participation of  property administrators (or other Government industrial property personnel) in pre-award surveys/post-award orientations is required whenever significant amounts of Government property will be involved, in order to reveal and resolve property management problems early in the acquisition cycle.

 

1845.7206-2  Plant clearance officers.

  When plant clearance is not delegated to DOD, NASA plant clearance officers shall be responsible for--

  (a) Providing the contractor with instructions and advice regarding the proper preparation of inventory schedules;

  (b) Accepting or rejecting inventory schedules;

  (c) Conducting or arranging for inventory verification;

  (d) Initiating prescribed screening and effecting resulting actions;

  (e) Final plant clearance of contractor inventory;

  (f) Pre-inventory scrap determinations, as appropriate;

  (g) Evaluating the adequacy of the contractor's procedures for property disposal;

  (h) Determining the method of disposal;

  (i) Surveillance of any contractor-conducted sales;

  (j) Accounting for all contractor inventory reported by the contractor;

  (k) Advising and assisting, as appropriate, the contractor, the Supply and Equipment Management Officer (SEMO) and other Federal agencies in all actions relating to the proper and timely disposal of contractor inventory;

  (l) Approving the method of sale, evaluating bids, and approving sale prices for any contractor-conducted sales;

  (m) Recommending the reasonableness of selling expenses related to any contractor-conducted sales;

  (n) Securing antitrust clearance, as required; and

  (o) Advising the contracting officer on all property disposal matters.

 

 1845.7207  Declaration of excess property.

  A problem often disclosed by system analysis is the failure of a contractor to report Government property not needed in performance of the contract (excess).  The property administrator shall fully document and report any such finding to the administrative contracting officer.  After a report of excess received from a contractor has been referred to the plant clearance officer for screening and ultimate disposition, the property administrator shall ensure prompt disposition.  For centrally reportable plant equipment, the property administrator shall--

  (a) Assure the preparation and submission of individual reports  required of the contractor;

  (b) Verify the permit certifications required by the forms; and

  (c) Transmit the report to the NASA Industrial Property Officer.

 

1845.7208  Closure of contracts.

 

1845.7208-1  Completion or termination.

  Upon completion or termination of a contract, the property administrator shall--

  (a) Monitor the actions of the contractor in returning excess Government property not referred to the plant clearance officer; and

  (b) Advise the cognizant plant clearance officer as to the existence at a contractor's plant of residual property requiring disposal.

 

1845.7208-2  Final review and closing of contracts. 

  (a) When informed that disposition of Government property under a contract has been completed, the property administrator shall perform a final review and sign a determination that--

      (1) Disposition of Government property has been properly accomplished and documented;

      (2) Adjustment documents, including any request of the contractor for relief from responsibility, have been processed to completion;

      (3) Proceeds from disposals or other property transactions, including adjustments, have been properly credited to the contract or paid to the Government as directed by the contracting officer;

      (4) All questions regarding title to property fabricated or acquired under the contract have been resolved and appropriately documented; and

      (5) The contract property control record file is complete and ready for retirement.

  (b) When final review pursuant to paragraph (a) of this section reveals that such action is proper, the property administrator shall accomplish and sign a DD Form 1593, Contract Administration Completion Record, or equivalent.

  (c) The executed DD Form 1593 shall be forwarded to the contracting officer, the Property Summary Data Record shall be so annotated, and the contracting officer shall include it in the contract file.

 

1845.7209  Special subjects.

 

1845.7209-1  Government property at alternate locations of the prime contractor and subcontractor plants.

  (a) Government property provided to a prime contractor may be located at other plants of the prime contractor or at subcontractor locations. The prime contractor is accountable and responsible to the Government for this property.

  (b) A Government property administrator cognizant of the location of the property shall normally be designated to (1) perform required surveys of the property control system and (2) exercise surveillance over the property as a supporting responsibility.

  (c) If the property administrator determines that supporting property administration is required, he or she shall write the cognizant contract administration office asking that a property administrator be assigned.  The request for supporting property administration shall include--

      (1) The name and address of the prime contractor;

      (2) The prime contract number;

      (3) The name and address of the alternate location of the prime contractor, or of the subcontractor where the property will be located;

      (4) A listing of the property being furnished, or, if property is being acquired locally, a statement to this effect; and

      (5) A copy of the subcontract or other document under which the property will be furnished or acquired.

  (d) Concurrent with the action cited in paragraph (c) of this section, the property administrator shall ascertain whether the prime contractor will perform the necessary reviews and surveillance with the contractor's own personnel, or elect to rely upon the system approval and continuing surveillance by a supporting property administrator of the property control system at the alternate location or subcontractor plant.  If the prime contractor advises that it will accept the findings of a supporting property administrator, a statement in writing to that effect shall be obtained.  If the prime contractor does not so elect, it shall be required to perform the requisite reviews and surveillance and document its actions and findings.

  (e) If a single item or limited quantities of property will be located at an alternate location or subcontractor plant, the property administrator may determine that supporting property administration is unnecessary, provided--

      (1) The prime contractor's records adequately reflect the location and use of the property;

      (2) The nature of the property is such that the possibility of its use for unauthorized purposes is unlikely; and

      (3) The nature of the property is such that a program of preventive maintenance is not required.

  (f) When supporting property administration will not be requested, the services of a property administrator in the contract administration office cognizant of the site where the property is located may be requested on an occasional basis for special reviews or such other support as may be necessary.  Repeated requests for assistance indicate a requirement for requesting supporting property administration.

 

1845.7209-2  Loss, damage, or destruction of Government property.

  (a) Normally, contract provisions provide for assumption of risk of loss, damage, or destruction of Government property as described by the following:

      (1) Sealed-bid and certain negotiated fixed-price contracts provide that the contractor assumes the risk for all Government property provided under the contract (see the clause at FAR 52.245-2, Government Property (Fixed-Price Contracts)).

      (2) Other negotiated fixed-price contracts provide that the contractor assumes the risk for all Government property provided under the contract, with the exceptions set forth in the clause at FAR 52.245-2, Alternate I and Alternate II.

     (3) Cost-reimbursement contracts (see the clause at FAR 52.245-5, Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts)) provide that the Government assumes the risk for all Government property provided under the contract when there is no willful misconduct or lack of good faith of any of the contractor's managerial personnel as defined in the contract.

      (4) There are certain events for which the Government does not assume the risk of loss, damage, or destruction of Government property, such as risks the contract expressly requires the contractor to insure against.  Therefore, before reaching a conclusion or making a determination, the contracting officer shall obtain property administrator review of the contract clause and shall obtain advice from appropriate legal counsel on questions of legal meaning or intent.

      (5) "Willful misconduct" may involve any intentional or deliberate act or failure to act causing, or resulting in, loss, damage, or destruction of Government property.

      (6) "Lack of good faith" may involve gross neglect or disregard of the terms of the contract or of appropriate directions of the contracting officer or the contracting officer's authorized representatives.  Examples of lack of good faith may be demonstrated by the failure of the contractor's managerial personnel to establish and maintain proper training and supervision of employees and proper application of controls in compliance with instructions issued by authorized Government personnel.

  (b) If part of the contractor's system is found to be unsatisfactory, the property administrator shall increase surveillance of that part to prevent, to the extent possible, any loss, damage, or destruction of Government property.  The property administrator shall give special attention to reasonably ensuring that any loss, damage, or destruction occurring during a period when a contractor's system is not approved is identified before approval or reinstatement of approval.

 

1845.7209-3  Loss, damage, or destruction of Government property while in contractor's possession or control.

  (a) The property administrator shall require the contractor to report any loss, damage, or destruction of Government property in its possession or control (including property in the possession or control of subcontractors) as soon as it becomes known.

  (b) When physical inventories, consumption analyses, or other actions disclose consumption of Government property considered unreasonable by the property administrator or loss, damage, or destruction of Government property not reported by the contractor, the property administrator shall prepare a statement of the items and amount involved.  This statement shall be furnished to the contractor for investigation and submission of a written report to the property administrator relative to the incidents reported.

  (c) The contractor's reports referenced in paragraphs (a) and (b) of this section shall contain factual data as to the circumstances surrounding the loss, damage, destruction, or excessive consumption, including--

      (1) The contractor's name and the contract number;

      (2) A description of items lost, damaged, destroyed, or unreasonably consumed;

      (3) The cost of property lost, damaged, destroyed, or unreasonably consumed and cost of repairs in instances of damage (in event actual cost is not known, use a reasonable estimate);

      (4) The date, time (if pertinent), and cause or origin of the loss, damage, destruction, or consumption;

      (5) Known interests in any commingled property of which the Government property lost, damaged, destroyed, or unreasonably consumed is (or was) a part;

      (6) Insurance, if any, covering the Government property or any part or interest in any commingled property;

      (7) Actions taken by the contractor to prevent further loss, damage, destruction, or unreasonable consumption and to prevent repetition of similar incidents; and

      (8) Other facts or circumstances relevant to determining liability and responsibility for repair or replacement.

  (d) The property administrator shall investigate the incident to the degree required to reach a valid and supportable conclusion as to the contractor's liability for the loss, damage, destruction, or unreasonable consumption under the terms of the contract, and the course of action required to conclude the adjustment action.  When required, the assistance of the quality assurance representative, industrial specialist, insurance officer, legal counsel, or other technician will be secured.  When the contractor acknowledges liability, the property administrator shall forward a copy of the credit memorandum or other adjusting document to the administrative contracting officer and auditor, if appropriate, to assure proper credit. If analysis of contract provisions and circumstances establishes that the loss, damage, destruction, or consumption constitutes a risk assumed by the Government, the property administrator shall so advise the contractor in writing, thereby relieving the contractor of responsibility for the property. A copy of the documentation and notification to the contractor shall be retained in the Contract Property Control Data File for the contract.

  (e)(1) If the property administrator concludes that the contractor is liable for the loss, damage, destruction, or unreasonable consumption of Government property, he or she shall forward the complete file with conclusions and recommendations to the contracting officer for review and determination. The file shall contain--

           (i) A statement of facts as supported by investigation;

           (ii) Recommendations as to the contractor's liability and its amount;

           (iii) Recommendations as to action to be taken with regard to third party liability, if appropriate;

           (iv) Requirements for disposition, repair, or replacement of damaged property; and

           (v) Other pertinent comments.

      (2) A copy of the contracting officer's determination shall be furnished to the contractor and the property administrator, and a copy shall be retained in the contracting officer's files.  The property administrator's copy shall be filed in the Contract Property Control Data File for the contract when all pertinent actions, such as compensation to the Government or repair or replacement of the property, have been completed.

 

1845.7209-4  Financial reports.

  The property administrator is responsible for obtaining financial reports as prescribed in 1845.505-14 for all assigned contracts. Reports shall be accumulated, reviewed and distributed as required.  Contractors are required to submit separate reports on each contract that contains the property reporting clause (see 1852.245-73) except as noted in 1845.7101-4(c).

 

1845.7210  Contractor utilization of Government property.

 

1845.7210-1  Utilization surveys.

  (a) The property administrator is responsible for ensuring that the contractor has effective procedures for evaluating Government property utilization.  However, when necessary, the contract administration office shall provide specialists qualified to perform the technical portion of utilization surveys to assist the property administrator in determining the adequacy of these procedures.

  (b) Upon assignment of an initial contract under which Government-owned plant equipment in particular will be provided to a contractor, the property administrator shall ensure that the contractor has established effective procedures and techniques for controlling its utilization.  The property administrator, with the assistance of technical specialists, if necessary, shall evaluate these procedures.  A record of the evaluation shall be prepared and become a part of the property administration file.  If the procedures are determined inadequate, the record shall identify the deficiencies and the corrective actions necessary.  If the deficiencies are not corrected by the contractor, the property administrator shall promptly refer the matter to the contracting officer.

  (c) The property administrator shall perform annual surveys of the contractor's procedures related to utilization of Government-owned plant equipment.  At contractor facilities having a substantial quantity of plant equipment, the surveys should normally be conducted on a continual basis, reviewing equipment utilization records and physically observing a group of preselected items during each portion of the survey. Surveys shall be conducted to the degree determined necessary, considering the findings of prior surveys and the contractor's performance history in identifying and declaring equipment excess to authorized requirements.  The contractor shall be required to justify, by specific Government programs, the retention of all Government-owned plant equipment.  The property administrator shall make maximum use of contractor's machine loading data, order boards, production planning records, machine time records, and other production control methods.

  (d) The property administrator shall conduct a special survey when a significant change occurs in the contractor's production schedules, such as a termination, completion of a contract, or a major adjustment in a program.  Special surveys may be limited to a given department, activity, or division of a contractor's operation.

  (e) In the absence of adequate justification for retention, the contractor shall identify and report Government-owned plant equipment in accordance with FAR 45.502(g) and 45.509-2(b)(4).  Items that are part of approved inactive package plants or standby lines are exempted from utilization surveys.  The contracting officer shall ascertain periodically whether existing authorizations for standby or lay-away requirements are current.

 

1845.7210-2  Records of surveys.

  The property administrator shall prepare a record incorporating written findings, conclusions, and recommendations at the conclusion of each survey.  If appropriate, the property administrator's record may be limited to a statement expressing concurrence with the reports of other specialists.  The property administrator shall retain one copy of each record in the property administration file.