[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Rules and Regulations]
[Pages 2001-2011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32741]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1845 and 1852
RIN 2700-AD37
Government Property
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
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SUMMARY: NASA is issuing a final rule to revise the NASA FAR Supplement
(NFS) to update Agency-level, property-related provisions, clauses,
prescriptions and procedures to be consistent with changes made to Part
45 and Part 52.245 of the Federal Acquisition Regulation in Federal
Acquisition Circular (FAC) 2005-17. FAC 2005-17 significantly rewrote
FAR Part 45, Government Property, and changed property related
definitions, provisions and clauses which are required to be used in
all solicitations and contracts issued after the effective date of 14
June, 2007.
DATES: Effective Date: January 12, 2011.
FOR FURTHER INFORMATION CONTACT: Carl Weber, NASA, Office of
Procurement, Contract Management Division (Suite 5K80), (202) 358-1784,
e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Circular (FAC 2005-17) implemented the final
rule amending the Federal Acquisition Regulation (FAR) to simplify
procedures, clarify language, and eliminate obsolete requirements
related to the management and disposition of Government property in the
possession of contractors. FAC 2005-17 significantly rewrote FAR Part
45, Government Property, and changed property-related definitions,
provisions and clauses which are required to be used in all
solicitations and contracts issued after the effective date of 14 June,
2007. The purpose of this final rule is to establish a new NASA FAR
Supplement (NFS) Part 1845, Government Property, and related Agency-
level solicitation provisions and contract clauses in NFS Subpart
1852.245, that are consistent with the rewrite of FAR Part 45. This
rewrite of NFS Part 1845 and Subpart 1852.245 realigns Agency
regulations with the new definitions, practices and policy of the FAR,
a policy that fosters efficiency, flexibility, innovation and
creativity while continuing to protect the Government's interest. In
addition, this final rule includes Agency-level procedures,
solicitation provisions, and contract clause language necessary to
identify contractor-acquired assets which become capital assets of the
Government, in order to comply with Statement of Federal Financial
Accounting Standard (SFFAS) No. 6. NASA published a proposed rule at 73
FR 73202, December 2, 2008. The 60 day comment period for the proposed
rule ended February 2, 2009. Three respondents provided comments for a
total of 52 comments.
The public comments were considered by NASA in the formation of the
final rule.
Comment 1: One respondent recommended that language in 1845.107-
70(B)(5) be clarified to differentiate between government property
acquired which the government has title to and property acquired under
FAR 52.245-1 Alt 2, which is titled to the contractor.
Response: Concur. The word ``Government'' was appended to
``property'' in the language to differentiate between property acquired
and titled to the contractor under the alternate and property titled to
the Government.
Comment 2: One respondent recommended that the phrase ``IPO's
Center for transfer to the'' be added to 1852.245-70, Alternate I as
follows: (ii) If the Contractor determines that an item within NASA or
Federal excess is suitable, it shall contact the Center Industrial
Property Officer (IPO) to arrange for transfer of the item from the
identified source to the IPO's Center for transfer to the contractor.
Response: Non-concur. With the issuance of the final rule, the
process in Procurement Information Circular 05-07 will become obsolete.
The process suggested is internal to NASA and would be addressed
through Part 1845, and not thorough contract language. NASA may choose
a variety of methods to effect a transfer.
Comment 3: One respondent recommended establishing a threshold for
screening greater than $10,000 for items of property proposed for
acquisition by institutions of higher education and allowing
institutions to reject items if they are not technically sufficient.
Response: Non-concur. FAR Part 8 and 40 U.S.C. 524 require
screening of agency inventory and other agencies' excess prior to new
acquisitions whenever practicable. Though the screening practice may
not always be productive, screening activity is not impracticable;
therefore, we are required to perform it.
Comment 4: One respondent recommended changing the date for report
submission at 1852.245-73(c)(1) from October 15 to October 30.
Response: Non-concur. The October 15 date is needed to allow
sufficient time for contractor held property values to be compiled into
NASA's annual financial statement.
Comment 5: One respondent recommended modifying 1852.245-79(c) to
change the phrase ``Government-furnished property'' to ``Government
Property'' to clarify that it applies to both Government-furnished and
Contractor Acquired Government property.
Response: Concur. Change made.
Comment 6: One respondent recommended modifying 1852.245-79(c) to
change ``approval of the NASA Industrial Property Officer to ``approval
of the Plant Clearance Officer''.
Response: Concur. Change made.
Comment 7: One respondent recommended that the reference to
``Industrial Property Officer or Property Administrator'' in 1845.501-
70(b) be changed to only reference ``Government Property
Administrator''.
Response: Non-concur. Within NASA, the Industrial Property Officer
is the integral link between the contracting functions and the property
administration functions and serves as the advisor to the Contracting
Officer on property related topics. The reference to the Industrial
Property Officer and Property Administrator will remain.
Comment 8: One respondent recommended that 1845.501-70(b) be
changed to reflect that the Contracting Officer makes the final
determination as to the adequacy of the contractor's proposed property
management systems, standards and practices based on various inputs,
including those of the Property Administrator and Industrial Property
Officer.
Response: Concur. Language changed accordingly.
Comment 9: One respondent recommended that the reference to
``Industrial Property Officer or Property Administrator'' at 1845.501-
70(b)(1) be changed to reference only the Property Administrator.
Response: Non-concur. NASA contracts may operate under
circumstances that are unknown to the property administrator or differ
from those applied by the property administrator's own organization.
Within NASA, the Industrial Property Officer is the integral link
between the contracting functions and the property administration
functions and serves as the advisor to the Contracting Officer on
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property related topics. Original language left intact.
Comment 10: One respondent recommended that DCMA's PCARSS system be
used for all NASA contracts.
Response: Non-concur: NASA does not share all contractors with DOD.
As a result, NASA may need to disposition property outside of PCARSS.
Further, NASA, as a separate Federal agency maintains its own disposal
processes and may choose to use them when it is in the agency's best
interest.
Comment 11: One respondent recommended simplification of paragraph
(a) of 1845.7101-2.
Response: Paragraph (a) of 1845.7101-2 was not proposed to be
changed in the proposed rule, and was not published for comment, but
may be reviewed for change in the future.
Comment 12: One respondent recommended that 1845-7101-2(c) be
revised to incorporate a proactive approach to identification and
correction of property data, though no specific language was provided.
Response: Non-concur. The NASA proposed changes to this paragraph
were made only to omit obsolete FAR citations and the paragraph is
otherwise still applicable. While the CO may take proactive measures to
develop data for property being transferred, this remains an
alternative procedure to be used when data is found to be insufficient
by the contractor.
Comment 13: One respondent recommended deleting the entire clause
at 1852.245-70.
Response: Partially concur. The requirement for screening for
property for reuse is based on law, and therefore cannot be eliminated.
In addition, the FAR requires the contracting officer to determine
whether it is in the best interest for the Government to provide
property. The scope of the clause was, however, limited to equipment
requested after award.
Comment 14: One respondent recommended that we remove the
requirement for contractors to hold employees liable for LDD&T as
specified at 1852.245-71(a). Collective bargaining agreements, labor
relations laws, State and local law may prohibit holding an employee
liable for LDD&T of Government owned property.
Response: Partially concur. Although the language was unchanged
from the previous NFS clause, and the liability requirement was
ameliorated by the phrase ``as appropriate'', the language will be
changed to read: ``In accordance with FAR 52.245-1(h)(1) the contractor
shall be liable for property lost, damaged, destroyed or stolen by the
contractor or their employees when determined responsible by a NASA
Property Survey Board, in accordance with the NASA guidance in this
clause.''
Comment 15: One respondent recommended that the language at
1852.245-71(b)(iii) be changed so that it is clear that contractors are
not required to establish a property record until the property is
titled to the government.
Response: Concur. 1852.245-71(b)(iii) is changed to read: ``The
Contractor shall establish a record for Government titled property as
required by FAR 52.245-1 and shall maintain that record until
accountability is accepted by the Government.'' The final sentence of
the paragraph is deleted.
Comment 16: One respondent recommended that NASA rewrite the clause
at 1852.245-72 to utilize DOD condition codes F, J and K in determining
whether property is ``economically repairable''.
Response: Non-concur. The economic repair codes suggested by the
contractor are Department of Defense codes not applicable to NASA. NASA
utilizes its own criteria to determine whether it is economically
feasible to repair items.
Comment 17: One respondent recommended revising the language at
1852.245-72(c) to make liability for Government property furnished more
consistent with FAR 52.245-1(h)(i) and commercial practices.
Response: Concur. The phrase ``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.'' is deleted from the first sentence of
paragraph (c) of 1852.245-72.
Comment 18: One respondent recommended deleting paragraph (d) of
1852.245-72, regarding insurance requirements since in conflict with
FAR Part 45.
Response: Concur. Paragraph (d) deleted.
Comment 19: One respondent recommended deleting the clause at
1852.245-73.
Response: Non-concur. The reporting requirements of this clause
were not added or significantly altered in the proposed rule. NASA
requires submission of this report to support generation of its
financial statement and other Government financial management reporting
requirements. Financial reporting requirements of NASA property in the
custody of contractors may be revised in the future based on advances
in electronic accounting and reporting systems, and public comment will
be solicited.
Comment 20: One respondent recommended eliminating the UID number
and Data matrix ID symbols requirements contained in the clause at
1852.245-74 for research and development contracts with higher
education, non-profit organizations.
Response: Partially Concur. NASA requires identification to assure
that its property is adequately managed and controlled. However,
language has been added to allow performing entities to propose
alternate, commercial methods of durable marking that retain the data
required by the above standards. Such alternate methods may be used if
approved by the NASA Industrial Property Officer.
Comment 21: One respondent recommended moving the clause at
1852.245-74 to 1852.211-XX for consistency with the FAR, and that a
dollar threshold be established below which marking would not be
required.
Response: Partially concur. This is a property specific requirement
limited to equipment items to be delivered to the Government. While a
threshold is not acceptable to NASA, material and Special Tooling are
not included in this requirement, thereby eliminating many low dollar
items from the requirement.
Equipment is well defined in FAR. It is not applicable to items
used by the contractor unless those items are no longer required and
instructions require delivery to the Government. NASA does wish to
apply this to equipment produced for delivery to the Government. NASA
intends that this clause will assist the administration in the
identification and control of equipment items that qualify for internal
management recordkeeping and controls on delivery to the agency.
Comment 22: One respondent recommended that the term ``item'' be
substituted for the term ``equipment'' throughout the clause at
1852.245-74.
Response: Non-concur. The requirements in this clause are intended
to apply to ``equipment'' as defined in FAR Part 45. The term ``item''
could have a much broader meaning, including such things as ``parts''
and ``items of material'' NASA does not intend to apply this
requirement to materials (parts). Rather, it is intended for equipment
only, hence the terminology used.
Comment 23: One respondent recommended that NASA utilize DOD's MIL
STD 130 and related DOD infrastructure as the basis for its
``Identifications and Markings. * * *'' clause at 1852.245-74.
Response: Partially concur. NASA has modified the clause language
to allow the use of commercially produced
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markings when those markings otherwise comply with the data and
legibility requirements of the NASA standard.
Comment 24: One respondent recommended that 1852.245-74(c) include
additional, specific instructions on what needs to be marked and those
instructions be included in the contract. In addition, the respondent
commented that the reporting requirements would be in addition to
standard FAR requirements.
Response: Non-concur. NASA intends the use of these identification
requirements only on delivered or transferred equipment. Instructions
in the clause are sufficient to define its applicability.
Comment 25: One respondent recommended that the phrase ``For Items
physically transferred'' in paragraph (d) of 1852.245-74 be clarified.
Response: Partially concur. Language is changed to clarify by
adding the phrase, ``equipment no longer required for contract
performance.'' in paragraphs (a) and (d).
Comment 26: One respondent recommended deleting the requirement to
provide item condition at 1852.245-74(d)(2) since condition code is not
required by the FAR clause at 52.245-1.
Response: Partially concur. Condition codes are discussed within
the FAR Property Clause at 52.245-1(j)(3)(iv) and are normally
ascertained by the contractor at the time the items are no longer
required for contract performance. Clause language is changed to
implement condition codes used at time of disposal.
Comment 27: One respondent recommended deleting the requirement to
provide ``date last serviced'' at 1852.245-74(d)(3).
Response: Concur. Requirement is deleted.
Comment 28: One respondent recommended replacing the term
``equipment'' in paragraph (f) of 1852.245-74 with the term ``an end
item'' to standardize terminology throughout rule.
Response: Non-concur. NASA has standardized terminology on the term
``equipment''.
Comment 29: One respondent recommended deleting the clause at
1852.245-75, stating ``portions are repetitive of the FAR
requirements.''
Response: Non-concur. This clause clarifies the term
``significant'' in the FAR clause at 52.245-1(b)(1) to ensure NASA is
notified when contractor changes may increase risk to property and
contract performance.
Comment 30: One respondent recommended the single point of contact
referenced in paragraph (a) of 1852.245-75 be the Property
Administrator.
Response: Partially concur. While the NASA Industrial Property
Officer must be advised of significant changes as defined in this
clause, the Property Administrator will be the single source for
direction to the contractor regarding the acceptability of proposed
changes.
Comment 31: One Respondent suggested that sub paragraphs (a)(1),
(2), & (3) of the proposed clause at 1852.245-75 were written too
broadly in an attempt to clarify the phrase ``the Contractor shall
disclose any significant changes to their property management system''
at FAR 52.245-1(b)(1).
Response: Non-concur. This language provides more specific
descriptions of what constitutes a ``significant change'' to a
contractor's property management system as stated in FAR 52.245-1(b).
The more specific language was written to ensure that NASA is notified
when contractor changes may increase risk to property and risk to
contract performance.
Comment 32: One respondent recommended that since the FAR states
that any ``significant'' changes be disclosed to the Property
Administrator (PA), the single point of contact should be PA in
paragraph (b) the proposed rule at 1852.245-75.
Response: Partially concur. While the NASA Industrial Property
Officer must be advised of significant changes as defined in this
clause, the Property Administrator will be the single source for
direction to the contractor regarding the acceptability of proposed
changes.
Comment 33: One respondent suggested adding language allowing the
contractor to acquire property identified in their proposal in response
to the provision at 1852.245-80 without further approval.
Response: Concur. Such language will be added to the clause at
1852.245-70.
Comment 34: One respondent suggested adding the dates for FAR
clauses referenced in the NASA FAR supplement Clauses.
Response: Partially concur. Wherever FAR clauses are referenced in
NASA FAR Supplement (NFS) clauses, the date of the FAR clause will be
included at least once in the same clause, or the reference may use the
language ``FAR 52.245-X, as incorporated in this contract''.
Comment 35: One respondent recommended deleting the clause at
1852.245-78, Physical Inventory of Capital Personal Property,
suggesting the clause is overly prescriptive and goes beyond industry
and other government standards. The respondent further suggested, that
in accordance with NASA's own accounting rules, property with an
acquisition value of more than $100,000 would not necessarily be
considered a capital asset.
Response: Partially-concur. NASA believes the clause, and the
specific annual physical inventory requirements required by the clause
for high value items, are necessary to ensure the existence and
completeness of inventory records associated with such items that may
be included in NASA's financial statements as capital assets. The
$100,000 threshold was chosen since it matches one of the base criteria
used to determine an item as a capital asset. Since as the respondent
suggests, contractors shouldn't and couldn't determine which items
greater than $100,000 were considered NASA Capital assets, the dollar
threshold alone is used as a demarcation for ease of use by the
contractor. Further, ASTM Standards allow for stratified inventories,
as high value items may require more visibility than low value items.
Comment 36: One respondent recommended removing the requirement at
1852.245-78(a)(2) to use inventory results to validate the ``condition
and use status'' in property record data, since inventory personnel
rarely have the skill to determine condition of property and condition
is generally determined at time of disposition.
Response: Partially concur. The requirement to validate
``condition'' and use are removed, however, the requirement to verify
the existence of the items and the completeness of the records were
restated.
Comment 37: One respondent suggested that the FAR deleted the
requirement for ``separation of duties'' (inventory to be performed by
individuals other than those assigned custody, or responsibility for
maintenance or posting); likewise, NASA should delete the requirement
for ``separation of duties'' at 1852.245-78(b).
Response: Non-concur. ASTM Standards and GAO Best Practices
recommend separation of duties either physically or by technologic
means. This rule allows for either.
Comment 38: One respondent recommended deleting the prohibition for
manual entry of data at 1852.245-78(b)(1) when an electronic property
identification systems is utilized.
Response: Non-concur. Allowing manual entry of critical data would
permit tampering with existence and
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completeness records and would negate the ``separation of duties''
benefit derived from software controls.
Comment 39: One Respondent recommended deleting the condition at
1852.245-78(b)(2)(ii) since it wasn't relevant to physical inventory.
Response: Concur. Deleted.
Comment 40: One Respondent recommended deleting the requirement at
1852.245-78(b)(3) for the contractor to obtain approval for waivers
from the NASA IPO, and substituting approval from the Property
Administrator.
Response: Concur. Waivers will be required to be submitted to and
approved by the Property Administrator. NASA will accomplish desired
IPO notification and concurrence requirements through delegation
instructions to the Property administrator.
Comment 41: One respondent suggested that the requirement at
1852.245-78(c) to deliver the physical inventory report within 10-
calendar days of completion of the physical inventory was not
sufficient time considering time needed for reconciliation.
Response: Non-concur. 10 calendar days is sufficient time. NASA
considers the reconciliation process to be included as part of the
physical inventory process.
Comment 42: One respondent recommended that the requirement at
1852.245-78(c) to report the results of the physical inventory to the
NASA IPO be changed to the Property Administrator.
Response: Concur. Language changed.
Comment 43: One Respondent recommended standardizing the ``loss,
damage or destruction * * *'' language at 1852.245-71(c)(2)(i) with the
FAR language in 52,245-1.
Response: Concur. Language changed to ``Loss, damage, destruction
or theft * * *''
Comment 44: One respondent recommended changing the requirement at
1852.245-78(d) for the Contractor to retain ``all physical inventory
records'' to ``pertinent physical inventory records''.
Response: Partially-concur. Language changed to require the
Contractor to ``retain auditable physical inventory records''.
Comment 45: One respondent recommended deleting the clause at
1852.245-79, Records and Disposition Reports for Government Property
with Potential Historic or Significant Real Value.
Response: Non-concur. NASA believes this clause is necessary to
ensure there are complete records for high value or historic value
items.
Comment 46: One respondent suggested that the first two sentences
of paragraph (a) of the clause at 1852.245-79 were ``commentary'' in
nature and should be deleted.
Response: Concur. Sentences delete.
Comment 47: One respondent recommended changing the requirement for
the Contractor to obtain approval from the NASA IPO to approval from
the Property Administrator at 1852.245-79(c).
Response: Concur. Approval requirement changed from NASA IPO to
Property administrator.
Comment 48: One respondent suggested that the provision at
1852.245-80, Government Property Management Information, was a
duplicate of requirements in FAR Part 45.
Response: Noted. This provision implements requirements in FAR Part
45 by providing specific language for NASA Contracting Officers to
include in NASA Solicitations.
Comment 49: One respondent recommended deleting paragraph (e) of
the provision at 1852.245-80, since contractors must otherwise comply
with CAS 402 which defines direct costs.
Response: Partially-concur. NASA agrees that compliance with CAS
and the contractor's disclosure statement will determine how a
particular cost can be allocated. The provision only requires the
contractor to disclose in the proposal any such accounting practices.
Comment 50: One respondent recommended limiting the scope of
paragraph (g) of 1852.245-80 to items valued over $100,000, and
eliminating the requirement for detailed information on the items.
Response: Partially-concur. Items below $100,000 will still be
required to be listed; however, detail will be limited to a description
of the intended end item and its estimated value.
Comment 51: One respondent recommended changing the prescription at
1852.245-81 from ``insert the following provision'' to ``insert the
following clause''.
Response: Non-concur. The Prescription references a solicitation
provision.
Comment 52: One respondent recommended inserting the date for the
FAR clause referenced at 1852.245-81(b).
Response: Concur. Date inserted.
This is not a significant regulatory action and, therefore, is not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This final
rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
because it largely implements changes to the FAR Parts 45 and 52.245
set forth in FAC 2005-17, and does not impose an significant economic
impact beyond that addressed in the FAC 2005-17 publication of the FAR
final rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) is applicable.
However, the NFS changes do not impose information collection
requirements that require the approval of the Office of Management and
Budget under 44 U.S.C. 3501, et seq. beyond those identified and
approved as part of the FAR Part 45 rewrite contained in FAC 2005-17
(Ref OMB control no. 9000-0075) and those previously approved under
NASA clearances (Ref OMB control nos. 2700-0017, 2700-0088, and 2700-
0089)
List of Subjects in 48 CFR Parts 1845 and 1852
Government procurement, Government property.
William P. McNally,
Assistant Administrator for Procurement.
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Accordingly, 48 CFR parts 1845 and 1852 are amended as follows:
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1. The authority citation for 48 CFR parts 1845 and 1852 continues to
read as follows:
Authority: 42 U.S.C. 2455(a), 2473(c)(1).
PART 1845--GOVERNMENT PROPERTY
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2. Subpart 1845.1 is revised to read as follows:
Subpart 1845.1--General
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 center Supply and
Equipment Management Officer (SEMO) consents to permit the contractor
to screen Government inventory for available property in lieu of
contractor acquisition of new items.
(b)(1) The contracting officer shall insert the clause at 1852.245-
71, Installation--Accountable Government
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Property, in solicitations and contracts when Government property is to
be made available to a contractor working on a NASA installation, and
the Government will maintain accountability for the property. The
contracting officer shall list in the clause the applicable property
user responsibilities. For purposes of this clause, NASA installations
include local off-site buildings owned or leased by NASA.
(2) Use of this clause is subject to the SEMO's concurrence that
adequate Government property management resources are available for
oversight of the property in accordance with all applicable NASA
installation property management directives.
(3) The contracting officer shall identify, in the contract, the
nature, quantity, and acquisition cost of the property and make it
available on a nocharge basis.
(4) The contracting officer shall use the clause with its Alternate
I if the SEMO requests that the contractor be restricted from use of
the center central receiving facility for the purposes of receiving
contractor-acquired property.
(5) For contractors with both onsite and offsite performance
requirements, contracting officers shall list Government property
provided for offsite use separately in the contract. This Government
property is furnished under FAR 52.245-1, Government Property, and
remains accountable to the contractor during its use on the contract.
This Government property is not subject to the clause at 1852.245-71,
Installation--Accountable Government Property. The contracting officer
shall address any specific maintenance considerations (e.g., requiring
or precluding use of an installation calibration or repair facility)
elsewhere in the contract.
(c) The contracting officer shall insert the clause at 1852.245-72,
Liability for e Government Property Furnished for Repair or Other
Services, in fixed-price, time-and-material, and labor-hour
solicitations and contracts (except for experimental, developmental, or
research work with educational or nonprofit institutions, where no
profit is contemplated) for repair, modification, rehabilitation, or
other servicing of Government property, if such property is to be
furnished to a contractor for that purpose and no other Government
property is to be furnished. The contracting officer shall not require
additional insurance under the clause unless the circumstances clearly
indicate advantages to the Government.
(d) The contracting officer shall insert the clause at 1852.245-73,
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. In addition, the
contracting officer shall insert the following language in the blanks
in paragraph (e) of the clause at 52.245-2:
``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 Historic Preservation Officer,
it is determined that the items acquired for or produced by the
contract are likely to have historic significance or increased value
due to their use in support of NASA projects and programs.
(k)(1) The contracting officer shall insert the provision at
1852.245-80, Government Property Management Information, in
solicitations when it is known, or there is a reasonable chance, that
Government property will be provided to the contractor for contract
performance.
(2) The contracting officer shall use the provision with Alternate
1 when there are sufficient time and resources to allow prospective
contractors the opportunity to inspect the property.
(l) The contracting officer shall insert the provision at 1852.245-
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.
0
3. Subpart 1845.3 is added to read as follows:
Subpart 1845.3--Authorizing the Use and Rental of Government
Property
1845.301-71 Use of Government property for commercial work.
(a) The coverage at FAR 45.3 applies to a contractor's commercial
(any non-Government) use of any NASA equipment.
1845.302 Use of Government property on contracts with foreign
governments or international organizations.
(a) NASA contracting officers will recover a fair share of the cost
of Government property if such property is used in performing services
or manufacturing articles for foreign countries or for international
organizations.
Subpart 1845.4--[Removed and Reserved]
0
4. Subpart 1845.4 is removed and reserved.
0
5. Subpart 1845.5 is revised to read as follows:
Subpart 1845.5--Support Government Property Administration
Sec.
1845.501-70 General.
1845.503-70 Delegations of property administration and plant
clearance.
[[Page 2006]]
1845.505-70 Responsibilities of the property administrator.
1845.506-70 Responsibilities of the plant clearance officer.
Subpart 1845.5--Support Government Property Administration
1845.501-70 General.
(b) When the Industrial Property Officer or Property Administrator
determines that the contractor's proposed systems, standards and
practices for the management of Government property are inadequate to
manage Government property, the Contracting Officer should: (1) Require
the contractor to provide a written revision that addresses the
determination of the Industrial Property Officer or Property
Administrator.
1845.503-70 Delegations of property administration and plant
clearance.
(e) Under the clause at 1852.245-71, Installation-Accountable
Government Property, property is managed by center logistics functions
using NASA internal policy and procedural guidance, except--
(1) When contractors are provided or are allowed the use of
property that is not governed by that procedural guidance, management
of that property is governed by the applicable FAR clause.
(2) When the contractor is responsible for performance of any
segment of a property system under a FAR property clause, then property
administration and plant clearance are required.
1845.505-70 Responsibilities of the property administrator.
(c) When the property administrator determines that all or a
portion of a contractor's property management practices and processes
do not afford sufficient protection against loss, damage or destruction
of Government property:
(1) The property administrator shall increase surveillance to
prevent, to the extent possible, any loss, damage, or destruction of
Government property; and
(2) Advise the contracting officer of any known or reported
incidence of loss, damage or destruction identified during any period
in which the contracting officer has revoked the Government's
acceptance of risk.
(d) The property administrator shall review records and the results
of contractor actions to identify any and all incidence where the
contractor fails to report property no longer required for performance
for periods longer than called for in their standards and practices.
1845.506-70 Responsibilities of the plant clearance officer.
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 and providing feedback to the Property Administrator
regarding the contractor's performance in property disposal activities;
(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; and
(m) Recommending the reasonableness of selling expenses related to
any contractor-conducted sales.
Subpart 1845.6--Reporting, Reutilization, and Disposal
0
6. Section 1845.606-70 is added to read as follows:
1845.606-70 Contractor's approved scrap procedure.
(a) When a contractor has an approved scrap procedure, certain
property may be routinely disposed of in accordance with that procedure
and not processed under this section.
(d) Property in scrap condition, other than that disposed of
through the contractor's approved scrap procedure, shall be reported on
appropriate inventory schedules for disposition in accordance with the
provisions of FAR Part 45 and NFS 1845.
Subpart 1845.7101--Forms Preparation
0
7. Paragraph (c) of section 1845.7101-2 is revised to read as follows:
1845.7101-2 Transfer of property.
* * * * *
(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,
Government acquisition date, required signatures, etc.) they shall
request the omitted data directly from the shipping contractor or
through the property administrator. 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.
* * * * *
1845.7102 [Removed]
0
8. Section 1845.7102 is removed.
Subpart 1845.72--[Removed]
0
9. Subpart 1845.72 is removed.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
10. In Part 1852, sections 1852.245-70 through 1852.245-80 are revised
and sections 1852.245-81 through 1852.245-83 are added to read as
follows:
Subpart 1852.2--Text of Provisions and Clauses
* * * * *
Sec.
1852.245-70 Contractor requests for Government-provided property.
1852.245-71 Installation-accountable Government property.
1852.245-72 Liability for Government property furnished for repair
or other services.
1852.245-73 Financial reporting of NASA property in the custody of
contractors.
1852.245-74 Identification and marking of Government equipment.
1852.245-75 Property management changes.
1852.245-76 List of Government property furnished pursuant to FAR
52.245-1.
1852.245-77 List of Government property furnished pursuant to FAR
52.245-2.
1852.245-78 Physical inventory of capital personal property.
1852.245-79 Records and disposition reports for Government property
with potential historic or significant real value.
1852.245-80 Government property management information.
1852.245-81 List of available Government property.
1852.245-82 Occupancy management requirements.
1852.245-83 Real property management requirements.
* * * * *
[[Page 2007]]
Subpart 1852.2--Text of Provisions and Clauses
* * * * *
1852.245-70 Contractor Requests for Government-Provided Equipment.
As prescribed in 1845.107-70(a)(1), insert the following clause:
CONTRACTOR REQUESTS FOR GOVERNMENT-PROVIDED EQUIPMENT (JAN 2011)
(a) The Contractor shall provide all property required for the
performance of this contract. The Contractor shall not acquire or
construct items of property to which the Government will have title
under the provisions of this contract without the Contracting
Officer's written authorization. Property which will be acquired as
a deliverable end item as material or as a component for
incorporation into a deliverable end item is exempt from this
requirement. Property approved as part of the contract award or
specifically required within the statement of work is exempt from
this requirement.
(b)(1) In the event the Contractor is unable to provide the
property necessary for performance, and the Contractor requests
provision of property by the Government, the Contractor's request
shall--
(i) Justify the need for the property;
(ii) Provide the reasons why contractor-owned property cannot be
used;
(iii) Describe the property in sufficient detail to enable the
Government to screen its inventories for available property or to
otherwise acquire property, including applicable manufacturer,
model, part, catalog, National Stock Number or other pertinent
identifiers;
(iv) Combine requests for quantities of items with identical
descriptions and estimated values when the estimated values do not
exceed $100,000 per unit; and
(v) Include only a single unit when the acquisition or
construction value equals or exceeds $100,000.
(2) Contracting Officer authorization is required for items the
Contractor intends to manufacture as well as those it intends to
purchase.
(3) The Contractor shall submit requests to the Contracting
Officer no less than 30 days in advance of the date the Contractor
would, should it receive authorization, acquire or begin fabrication
of the item.
(c) The Contractor shall maintain copies of Contracting Officer
authorizations, appropriately cross-referenced to the individual
property record, within its property management system.
(d) Property furnished from Government excess sources is
provided as-is, where-is. The Government makes no warranty regarding
its applicability for performance of the contract or its ability to
operate. Failure of property obtained from Government excess sources
under this clause is insufficient reason for submission of requests
for equitable adjustments discussed in the clause at FAR 52.245-1,
Government Property, as incorporated in this contract.
(End of Clause)
ALTERNATE I (JAN 2011)
As prescribed in 1845.107-70(a)(2), add the following paragraph
(e).
(e) In the event the Contracting Officer issues written
authorization to provide property, the Contractor shall screen
Government sources to determine the availability of property from
Government inventory or excess property.
(1) The Contractor shall review NASA inventories and other
authorized Federal excess sources for availability of items that
meet the performance requirements of the requested property.
(i) If the Contractor determines that a suitable item is
available from NASA supply inventory, it shall request the item
using applicable Center procedures.
(ii) If the Contractor determines that an item within NASA or
Federal excess is suitable, it shall contact the Center Industrial
Property Officer to arrange for transfer of the item from the
identified source to the Contractor.
(2) If the Contractor determines that the required property is
not available from inventory or excess sources, the Contractor shall
note the acquisition file with a list of sources reviewed and the
findings regarding the lack of availability. If the required
property is available, but unsuitable for use, the contractor shall
document the rationale for rejection of available property. The
Contractor shall retain appropriate cross-referenced documentary
evidence of the outcome of those screening efforts as part of its
property records system.
1852.245-71 Installation-accountable Government Property.
As prescribed in 1845.107-70(b)(1), insert the following clause:
INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (JAN 2011)
(a) The Government property described in paragraph (c) of this
clause may be made available to the Contractor on a no-charge basis
for use in performance of this contract. This property shall be
utilized only within the physical confines of the NASA installation
that provided the property unless authorized by the Contracting
Officer under (b)(1)(iv). Under this clause, the Government retains
accountability for, and title to, the property, and the Contractor
shall comply with the following:
NASA Procedural Requirements (NPR) 4100.1, NASA Materials
Inventory Management Manual;
NASA Procedural Requirements (NPR) 4200.1, NASA Equipment
Management Procedural Requirements;
NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property
Disposal Procedural Requirements;
[Insert any additional property management responsibilities.].
Property not recorded in NASA property systems must be managed
in accordance with the requirements of the clause at FAR 52.245-1,
as incorporated in this contract.
The Contractor shall establish and adhere to a system of written
procedures to assure continued, effective management control and
compliance with these user responsibilities. In accordance with FAR
52.245-1(h)(1) the contractor shall be liable for property lost,
damaged, destroyed or stolen by the contractor or their employees
when determined responsible by a NASA Property Survey Board, in
accordance with the NASA guidance in this clause.
(b)(1) The official accountable recordkeeping, financial
control, and reporting of the property subject to this clause shall
be retained by the Government and accomplished within NASA
management information systems prescribed by the installation Supply
and Equipment Management Officer (SEMO) and Financial Management
Officer. If this contract provides for the Contractor to acquire
property, title to which will vest in the Government, the following
additional procedures apply:
(i) The Contractor's purchase order shall require the vendor to
deliver the property to the installation central receiving area.
(ii) The Contractor shall furnish a copy of each purchase order,
prior to delivery by the vendor, to the installation central
receiving area.
(iii) The Contractor shall establish a record for Government
titled property as required by FAR 52.245-1, as incorporated in this
contract, and shall maintain that record until accountability is
accepted by the Government.
(iv) Contractor use of Government property at an off-site
location and off-site subcontractor use requires advance approval of
the Contracting Officer and notification of the Industrial Property
Officer. The property shall be considered Government furnished and
the Contractor shall assume accountability and financial reporting
responsibility. The Contractor shall establish records and property
control procedures and maintain the property in accordance with the
requirements of FAR 52.245-1, Government Property (as incorporated
in this contract), until its return to the installation. NASA
Procedural Requirements related to property loans shall not apply to
offsite use of property by contractors.
(2) After transfer of accountability to the Government, the
Contractor shall continue to maintain such internal records as are
necessary to execute the user responsibilities identified in
paragraph (a) of this clause and document the acquisition, billing,
and disposition of the property. These records and supporting
documentation shall be made available, upon request, to the SEMO and
any other authorized representatives of the Contracting Officer.
(c) The following property and services are provided if checked:
(1) Office space, work area space, and utilities. Government
telephones are available for official purposes only.
(2) Office furniture.
(3) Property listed in [Insert attachment number or ``not
applicable'' if no equipment is provided].
(i) If the Contractor acquires property, title to which vests in
the Government pursuant to other provisions of this contract, this
property also shall become accountable to the Government upon its
entry into Government records.
[[Page 2008]]
(ii) The Contractor shall not bring to the installation for use
under this contract any property owned or leased by the Contractor,
or other property that the Contractor is accountable for under any
other Government contract, without the Contracting Officer's prior
written approval.
(4) Supplies from stores stock.
(5) Publications and blank forms stocked by the installation.
(6) Safety and fire protection for Contractor personnel and
facilities.
(7) Installation service facilities: [Insert the name of the
facilities or ``none''].
(8) Medical treatment of a first-aid nature for Contractor
personnel injuries or illnesses sustained during on-site duty.
(9) Cafeteria privileges for Contractor employees during normal
operating hours.
(10) Building maintenance for facilities occupied by Contractor
personnel.
(11) Moving and hauling for office moves, movement of large
equipment, and delivery of supplies. Moving services may be provided
on-site, as approved by the Contracting Officer.
(End of clause)
ALTERNATE I (JAN 2011)
As prescribed in 1845.107-70(b)(4), substitute the following for
paragraph (b)(1)(i) of the basic clause:
(i) The Contractor shall not utilize the installation's central
receiving facility for receipt of contractor-acquired property.
However, the Contractor shall provide listings suitable for
establishing accountable records of all such property received, on a
monthly basis, to the SEMO.
1852.245-72 Liability for Government Property Furnished for Repair or
Other Services.
As prescribed in 1845.107-70(c), insert the following clause:
LIABILITY FOR GOVERNMENT PROPERTY FURNISHED FOR REPAIR OR OTHER
SERVICES (JAN 2011)
(a) This clause shall govern with respect to any Government
property furnished to the Contractor for repair or other services
that is to be returned to the Government. Such property, hereinafter
referred to as ``Government property furnished for servicing,''
shall not be subject to FAR 52.245-1, Government Property.
(b) The official accountable recordkeeping and financial control
and reporting of the property subject to this clause shall be
retained by the Government. The Contractor shall maintain adequate
records and procedures to ensure that the Government property
furnished for servicing can be readily accounted for and identified
at all times while in its custody or possession or in the custody or
possession of any subcontractor.
(c) The Contractor shall be liable for any loss, damage, or
destruction of the Government property furnished for servicing when
caused by the Contractor's failure to exercise such care and
diligence as a reasonable prudent owner of similar property would
exercise under similar circumstances. The Contractor shall not be
liable for loss, damage, or destruction of Government property
furnished for servicing resulting from any other cause except to the
extent that the loss, damage, or destruction is covered by insurance
(including self-insurance funds or reserves).
(d) The Contractor shall hold the Government harmless and shall
indemnify the Government against all claims for injury to persons or
damage to property of the Contractor or others arising from the
Contractor's possession or use of the Government property furnished
for servicing or arising from the presence of that property on the
Contractor's premises or property.
(End of clause)
1852.245-73 Financial Reporting of NASA Property in the Custody of
Contractors.
0
As prescribed in 1845.106-70(d), insert the following clause:
FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTRACTORS (JAN
2011)
(a) The Contractor shall submit annually a NASA Form (NF) 1018,
NASA Property in the Custody of Contractors, in accordance with this
clause, the instructions on the form and NFS subpart 1845.71, and
any supplemental instructions for the current reporting period
issued by NASA.
(b)(1) Subcontractor use of NF 1018 is not required by this
clause; however, the Contractor shall include data on property in
the possession of subcontractors in the annual NF 1018.
(2) The Contractor shall mail the original signed NF 1018
directly to the cognizant NASA Center Deputy Chief Financial
Officer, Finance, unless the Contractor uses the NF 1018 Electronic
Submission System (NESS) for report preparation and submission.
(3) One copy shall be submitted (through the Department of
Defense (DOD) Property Administrator if contract administration has
been delegated to DOD) to the following address: [Insert name and
address of appropriate NASA Center office.], unless the Contractor
uses the NF 1018 Electronic Submission System (NESS) for report
preparation and submission.
(c)(1) The annual reporting period shall be from October 1 of
each year through September 30 of the following year. The report
shall be submitted in time to be received by October 15. The
information contained in these reports is entered into the NASA
accounting system to reflect current asset values for agency
financial statement purposes. Therefore, it is essential that
required reports be received no later than October 15. Some activity
may be estimated for the month of September, if necessary, to ensure
the NF 1018 is received when due. However, contractors' procedures
must document the process for developing these estimates based on
planned activity such as planned purchases or NASA Form 533 (NF 533
Contractor Financial Management Report) cost estimates. It should be
supported and documented by historical experience or other
corroborating evidence, and be retained in accordance with FAR
Subpart 4.7, Contractor Records Retention. Contractors shall
validate the reasonableness of the estimates and associated
methodology by comparing them to the actual activity once that data
is available, and adjust them accordingly. In addition, differences
between the estimated cost and actual cost must be adjusted during
the next reporting period. Contractors shall have formal policies
and procedures, which address the validation of NF 1018 data,
including data from subcontractors, and the identification and
timely reporting of errors. The objective of this validation is to
ensure that information reported is accurate and in compliance with
the NASA FAR Supplement. If errors are discovered on NF 1018 after
submission, the contractor shall contact the cognizant NASA Center
Industrial Property Officer (IPO) within 30 days after discovery of
the error to discuss corrective action.
(2) The Contracting Officer may, in NASA's interest, withhold
payment until a reserve not exceeding $25,000 or 5 percent of the
amount of the contract, whichever is less, has been set aside, if
the Contractor fails to submit annual NF 1018 reports in accordance
with NFS subpart 1845.71 and any supplemental instructions for the
current reporting period issued by NASA. Such reserve shall be
withheld until the Contracting Officer has determined that NASA has
received the required reports. The withholding of any amount or the
subsequent payment thereof shall not be construed as a waiver of any
Government right.
(d) A final report shall be submitted within 30 days after
disposition of all property subject to reporting when the contract
performance period is complete in accordance with paragraph (b)(1)
through (3) of this clause.
(End of clause)
1852.245-74 Identification and Marking of Government Equipment.
0
As prescribed by 1845.107-70(e), insert the following clause.
IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT (JAN 2011)
(a) The Contractor shall identify all equipment to be delivered
to the Government using NASA Technical Handbook (NASA-HDBK) 6003,
Application of Data Matrix Identification Symbols to Aerospace Parts
Using Direct Part Marking Methods/Techniques, and NASA Standard
(NASA-STD) 6002, Applying Data Matrix Identification Symbols on
Aerospace Parts or through the use of commercial marking techniques
that: (1) are sufficiently durable to remain intact through the
typical lifespan of the property: and, (2) contain the data and data
format required by the standards. This requirement includes
deliverable equipment listed in the schedule and other equipment
when no longer required for contract performance and NASA directs
physical transfer to NASA or a third party. The Contractor shall
identify property in both machine and human readable form unless the
use of a machine readable-only format is approved by the NASA
Industrial Property Officer.
[[Page 2009]]
(b) Equipment shall be marked in a location that will be human
readable, without disassembly or movement of the equipment, when the
items are placed in service unless such placement would have a
deleterious effect on safety or on the item's operation.
(c) Concurrent with equipment delivery or transfer, the
Contractor shall provide the following data in an electronic
spreadsheet format:
(1) Item Description.
(2) Unique Identification Number (License Tag).
(3) Unit Price.
(4) An explanation of the data used to make the unique
identification number.
(d) For equipment no longer needed for contract performance and
physically transferred under paragraph (a) of this clause, the
following additional data is required:
(1) Date originally placed in service.
(2) Item condition.
(e) The data required in paragraphs (c) and (d) of this clause
shall be delivered to the NASA center receiving activity listed
below:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
(f) The contractor shall include the substance of this clause,
including this paragraph (f), in all subcontracts that require
delivery of equipment.
(End of clause)
1852.245-75 Property Management Changes.
0
As prescribed in 1845.107-70(f), insert the following clause.
PROPERTY MANAGEMENT CHANGES (JAN 2011)
(a) The Contractor shall submit any changes to standards and
practices used for management and control of Government property
under this contract to the assigned property administrator prior to
making the change whenever the change--
(1) Employs a standard that allows increase in thresholds or
changes the timing for reporting loss, damage, or destruction of
property;
(2) Alters physical inventory timing or procedures;
(3) Alters recordkeeping practices;
(4) Alters practices for recording the transport or delivery of
Government property; or
(5) Alters practices for disposition of Government property.
(End of clause)
1852.245-76 List of Government Property Furnished Pursuant to FAR
52.245-1.
0
As prescribed in 1845.107-70(g), insert the following clause:
LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245-1 (JAN
2011)
For performance of work under this contract, the Government will
make available Government property identified below or in Attachment
[Insert attachment number or ``not applicable''] of this contract on
a no charge-for-use basis pursuant to the clause at FAR 52.245-1,
Government Property, as incorporated in this contract. The
Contractor shall use this property in the performance of this
contract at [Insert applicable site(s) where property will be used]
and at other location(s) as may be approved by the Contracting
Officer. Under FAR 52.245-1, the Contractor is accountable for the
identified property.
(End of clause)
1852.245-77 List of Government Property Furnished Pursuant to FAR
52.245-2.
0
As prescribed in 1845.107-70(h), insert the following clause:
LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR 52.245-2 (JAN
2011)
For performance of work under this contract, the Government will
make available Government property identified below or in Attachment
---- [Insert attachment number or ``not applicable''] of this
contract on a nocharge-for-use basis pursuant to FAR 52.245-2,
Government Property Installation Operation Services, as incorporated
in this contract. The Contractor shall use this property in the
performance of this contract at ---- [Insert applicable site(s)
where property will be used] and at other location(s) as may be
approved by the Contracting Officer.
[Insert a description of the item(s), acquisition date,
quantity, acquisition cost, and applicable equipment information]
(End of clause)
1852.245-78 Physical Inventory of Capital Personal Property.
0
As prescribed in 1845.107-70(i), insert the following clause.
PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY (JAN 2011)
(a) In addition to physical inventory requirements under the
clause at FAR 52.245-1, Government Property, as incorporated in this
contract, the Contractor shall conduct annual physical inventories
for individual property items with an acquisition cost exceeding
$100,000.
(1) The Contractor shall inventory--
(i) Items of property furnished by the Government;
(ii) Items acquired by the Contractor and titled to the
Government under the clause at FAR 52.245-1;
(iii) Items constructed by the Contractor and not included in
the deliverable, but titled to the Government under the clause at
FAR 52.245-1; and
(iv) Complete but undelivered deliverables.
(2) The Contractor shall use the physical inventory results to
validate the property record data, specifically location and use
status, and to prepare summary reports of inventory as described in
paragraph (c) of this clause.
(b) Unless specifically authorized in writing by the Property
Administrator, the inventory shall be performed and posted by
individuals other than those assigned custody of the items,
responsibility for maintenance, or responsibility for posting to the
property record. The Contractor may request a waiver from this
separation of duties requirement from the Property Administrator,
when all of the conditions in either (1) or (2) of this paragraph
are met.
(1) The Contractor utilizes an electronic system for property
identification, such as a laser bar-code reader or radio frequency
identification reader, and
(i) The programs or software preclude manual data entry of
inventory identification data by the individual performing the
inventory; and
(ii) The inventory and property management systems contain
sufficient management controls to prevent tampering and assure
proper posting of collected inventory data.
(2) The Contractor has limited quantities of property, limited
personnel, or limited property systems; and the Contractor provides
written confirmation that the Government property exists in the
recorded condition and location;
(3) The Contractor shall submit the request to the cognizant
property administrator and obtain approval from the property
administrator prior to implementation of the practice.
(c) The Contractor shall report the results of the physical
inventory to the property administrator within 10 calendar days of
completion of the physical inventory. The report shall--
(1) Provide a summary showing number and value of items
inventoried; and
(2) Include additional supporting reports of--
(i) Loss in accordance with the clause at 52.245-1, Government
Property;
(ii) Idle property available for reuse or disposition; and
(iii) A summary of adjustments made to location, condition,
status, or user as a result of the physical inventory
reconciliation.
(d) The Contractor shall retain auditable physical inventory
records, including records supporting transactions associated with
inventory reconciliation. All records shall be subject to Government
review and/or audit.
(End of clause)
1852.245-79 Records and Disposition Reports for Government Property
with Potential Historic or Significant Real Value.
0
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 (JAN 2011)
(a) In addition to the property record data required by the
clause at FAR 52.245-1, Government Property as incorporated in this
contract, Contractor records of all Government property under this
contract shall--
(1) Identify the projects or missions that used the items;
[[Page 2010]]
(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 0conducted the test.
(b) The Contractor shall include this information within item
descriptions--
(1) On any Standard Form 1428, Inventory Schedule;
(2) In automated disposition systems;
(3) In any other disposition related reports; and
(4) In other requests for disposition instructions.
(c) The Contractor shall not remove NASA identification or
markings from Government property prior to or during disposition
without the advanced written approval of the Plant Clearance
Officer.
(End of clause)
1852.245-80 Government Property Management Information.
0
As prescribed in 1845.107-70(k)(1), insert the following provision.
GOVERNMENT PROPERTY MANAGEMENT INFORMATION (JAN 2011)
(a) The offeror shall identify the industry leading or voluntary
consensus standards, and/or the industry leading practices, that it
intends to employ for the management of Government property under
any contract awarded from this solicitation.
(b) The offeror shall provide the date of its last Government
property control system analysis along with its overall status, a
summary of findings and recommendations, the status of any
recommended corrective actions, the name of the Government activity
that performed the analysis, and the latest available contact
information for that activity.
(c) The offeror shall identify any property it intends to use in
performance of this contract from the list of available Government
property in the provision at 1852.245-81, List of Available
Government Property.
(d) The offeror shall identify all Government property in its
possession, provided under other Government contracts that it
intends to use in the performance of this contract. The offeror
shall also identify: The contract that provided the property, the
responsible Contracting Officer, the dates during which the property
will be available for use (including the first, last, and all
intervening months), and, for any property that will be used
concurrently in performing two or more contracts, the amounts of the
respective uses in sufficient detail to support prorating the rent,
the amount of rent that would otherwise be charged in accordance
with FAR 52.245-9, Use and Charges (June 2007), and the contact
information for the responsible Government Contracting Officer. The
offeror shall provide proof that such use was authorized by the
responsible Contracting Officer.
(e) The offeror shall disclose cost accounting practices that
allow for direct charging of commercially available equipment, when
commercially available equipment is to be used in performance of the
contract and the equipment is not a deliverable.
(f) The offeror shall identify, in list form, any equipment that
it intends to acquire and directly charge to the Government under
this contract. The list shall include a description, manufacturer,
model number (when available), quantity required, and estimated unit
cost. Equipment approved as part of the award need not be requested
under NFS clause 1852.245-70,
(g) The offeror shall disclose its intention to acquire any
parts, supplies, materials or equipment, to fabricate an item of
equipment for use under any contract resulting from this
solicitation when that item of equipment:
Will be titled to the government under the provisions of the
contract; is not included as a contract deliverable; and the
Contractor intends to charge the costs of materials directly to the
contract. The disclosure shall identify the end item or system and
shall include all descriptive information, identification numbers
(when available), quantities required and estimated costs.
(h) Existing Government property may be reviewed at the
following locations, dates, and times: [Enter the appropriate
information]
(End of provision)
ALTERNATE 1 (JAN 2011)
As prescribed in 1845.107-70(k)(2) add the following paragraph
(i).
(i) Existing available Government property listed in the
provision at 1852.245-81 is provided ``as-is.'' NASA makes no
warranty regarding its performance or condition. The offeror uses
this property at its own risk and should make its own assessment of
the property's suitability for use. The equitable adjustment
provisions of the clause at 52.245-1, Government Property as
included in this solicitation, are not applicable to this property.
The offeror must obtain the Contracting Officer's written approval
before acquiring replacement property when it intends to charge the
cost directly to the contract.
18.52.245-81 List of Available Government Property.
0
As prescribed in 1845.107-70(l), insert the following provision.
LIST OF AVAILABLE GOVERNMENT PROPERTY (JAN 2011)
(a) The Government will make the following Government property
available for use in performance of the contract resulting from this
solicitation, on a no-charge-for-use basis in accordance with FAR
52.245-1, Government Property, included in this solicitation. The
offeror shall notify the Government, as part of its proposal, of its
intention to use or not use the property.
(b) The Government will make the following Government property
available for use in performance of the contract resulting from this
solicitation, on a no-charge-for-use basis in accordance with FAR
52.245-2, Government Property Installation Operation Services, as
included in this solicitation. The offeror shall notify the
Government of its intention to use or not use the property.
(c) The selected Contractor will be responsible for costs
associated with transportation, and installation of the property
listed in this provision.
(End of provision)
1852.245-82 Occupancy Management Requirements.
0
As prescribed in 1845.106-70(m), insert the following clause:
OCCUPANY MANAGEMENT REQUIREMENTS (JAN 2011)
(a) In addition to the requirements of the clause at FAR 52.245-
1, Government Property, as included in this contract, the Contractor
shall comply with the following in performance of work in and around
Government real property:
(1) NPD 8800.14, Policy for Real Property Management.
(2) NPR 8831.2, Facility Maintenance Management.
[Insert any additional Center occupancy requirements here]
(b) The Contractor shall obtain the written approval of the
Contracting Officer before installing or removing Contractor-owned
property onto or into any Government real property or when movement
of Contractor-owned property may damage or destroy Government-owned
property. The Contractor shall restore damaged property to its
original condition at the Contractor's expense.
(c) The Contractor shall not acquire, construct or install any
fixed improvement or structural alterations in Government buildings
or other real property without the advance, written approval of the
Contracting Officer. Fixed improvement or structural alterations, as
used herein, means any alteration or improvement in the nature of
the building or other real property that, after completion, cannot
be removed without substantial loss of value or damage to the
premises. Title to such property shall vest in the Government.
(d) The Contractor shall report any real property or any portion
thereof when it is no longer required for performance under the
contract, as directed by the Contracting Officer.
(End of clause)
1852.245-83 Real Property Management Requirements.
0
As prescribed in 1845.106-70(n), insert the following clause:
REAL PROPERTY MANAGEMENT REQUIREMENTS (JAN 2011)
(a) In addition to the requirements of the FAR Government
Property Clause incorporated in this contract (FAR 52.245-1), the
Contractor shall comply with the following in performance of any
maintenance, construction, modification, demolition, or management
activities of any Government real property:
(1) NPD 8800.14, Policy for Real Property Management.
[[Page 2011]]
(2) NPR 8831.2, Facility Maintenance Management.
[Insert any real property related Center requirements here]
(b) Within 30 calendar days following award, the Contractor
shall provide a plan for maintenance of Government real property
provided for use under this contract. The Contractor's maintenance
program shall enable the identification, disclosure, and performance
of normal and routine preventative maintenance and repair. The
Contractor shall disclose and report to the Contracting Officer the
need for replacement and/or capital rehabilitation. Upon acceptance
by the Contracting Officer, the program shall become a requirement
under this contract.
(c) Title to parts replaced by the Contractor in carrying out
its normal maintenance obligations shall pass to and vest in the
Government upon completion of their installation in the facilities.
The Contractor shall keep the property free and clear of all liens
and encumbrances.
(d) The Contractor shall keep records of all work done to real
property, including plans, drawings, charts, warranties, and
manuals. Records shall be complete and current. Record of all
transactions shall be auditable. The Government shall have access to
these records at all reasonable times, for the purposes of
reviewing, inspecting, and evaluating the Contractor's real property
management effectiveness. When real property is disposed of under
this contract, the Contractor shall deliver the related records to
the Government.
(e) The Contracting Officer may direct the Contractor in writing
to reduce the work required by the maintenance program authorized in
paragraph (b) of this clause at any time.
(End of clause)
[FR Doc. 2010-32741 Filed 1-11-11; 8:45 am]
BILLING CODE 7510-01-P