[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR45]



[Page 833]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 45_GOVERNMENT PROPERTY--Table of Contents

 

                   Subpart 45.2_Competitive Advantage

 

45.201  General.





    (a) The contracting officer shall, to the maximum practical extent, 

eliminate competitive advantage accruing to a contractor possessing 

Government production and research property (see 45.301). This is done 

by (1) adjusting the offers of those contractors by applying, for 

evaluation purposes only, a rental equivalent evaluation factor or, (2) 

when adjusting offers is not practical, by charging the contractor rent 

for using the property. Applying a rental equivalent factor is not 

appropriate in awarding negotiated contracts when the contracting 

officer determines that using the factor would not affect the choice of 

contractors.

    (b) In evaluating offers, the contracting officer shall also 

consider any costs or savings to the Government related to providing 

such property, regardless of any competitive advantage that may result 

(see 45.202-3).