[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR45]

[Page 816-817]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 45_GOVERNMENT PROPERTY--Table of Contents
 
        Subpart 45.3_Providing Government Property to Contractors
 
Sec.  45.309  Providing Government production and research property under 
special restrictions.

    (a) Government production and research property, other than 
foundations and similar improvements necessary for installing special 
tooling, special test equipment, or plant equipment, shall not be 
installed or constructed on land not owned by the Government in such 
fashion as to be nonseverable, unless the head of the contracting 
activity determines that the location is necessary, and the contract 
under which the property is provided contains--
    (1) A requirement for the contractor to reimburse the Government for 
the fair value of the property at contract

[[Page 817]]

completion or termination or within a reasonable time thereafter (for 
example, the provision may require the contractor to purchase the 
property at a value determined by appraisal or at a price equal to its 
acquisition cost less depreciation at a specified rate);
    (2) An option for the Government to acquire the underlying land; or
    (3) An alternative provision that the agency head considers adequate 
to protect the Government's interests.
    (b) If patent or other proprietary rights of a contractor may 
restrict the disposal of Government production and research property, 
the condition in either paragraph (a)(1) or (a)(3) above shall be 
satisfied before the property is provided.
    (c) If Government production and research property is not available 
to all offerors, the solicitation shall identify the offerors to whom 
the property is available.