[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 834]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 45_GOVERNMENT PROPERTY--Table of Contents

 

                   Subpart 45.2_Competitive Advantage

 

45.205  Solicitation requirements.



    (a) When Government production and research property (see 45.301) is 

offered for use in a competitive acquisition, solicitations will 

ordinarily require the contractor to assume all costs related to making 

the property available for use (such as payment of all transportation or 

rehabilitation costs).

    (b) The solicitation shall describe the evaluation procedures to be 

followed, including rental charges or equivalents (see 45.202) and other 

costs or savings to be evaluated (see 45.202-3), and shall require all 

offerors to submit with their offers the following information:

    (1) A list or description of all Government production and research 

property that the offeror or its subcontractors propose to use on a 

rent-free basis. The list shall include property offered for use in the 

solicitation, as well as property already in possession of the offeror 

and its subcontractors under other contracts.

    (2) Identification of the facilities contract or other instrument 

under which property already in possession of the offeror and its 

subcontractors is held, and the written permission for its use from the 

contracting officer having cognizance of the property.

    (3) 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 proration of the rent.

    (4) The amount of rent that would otherwise be charged, computed in 

accordance with 45.403.

    (c) Solicitations shall provide that using Government production and 

research property (other than as described and permitted in the 

solicitation (see paragraph (b) above)) will not be authorized under the 

contract unless such use is approved in writing by the contracting 

officer cognizant of the property, and either rent calculated in 

accordance with the clause at 52.245-9, Use and Charges, is charged, or 

the contract price is reduced by an equivalent amount. (See 45.203 for 

postaward requests for special tooling and special test equipment and 

45.204(c) for solicitation requirements for special tooling and special 

test equipment with residual value.)