[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 835-836]

 

            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

 

45.302-1  Policy.



    (a) Contractors shall furnish all facilities required for performing 

Government contracts except as provided in this subsection. Government 

facilities provided to contractors shall be individually identified in 

the solicitation, if possible, and contract. Agencies shall not furnish 

facilities to contractors for any purpose, including restoration, 

replacement, or modernization, except as follows:

    (1) For use in a Government-owned, contractor-operated plant 

operated on a cost-plus-fee basis.

    (2) For support of industrial preparedness programs.

    (3) As components of special tooling or special test equipment 

acquired or fabricated at Government expense.

    (4) When, as a result of the prospective contractor's written 

statement asserting inability to obtain facilities, the agency head or 

designeee issues a Determination and Finding (see subpart 1.7) that the 

contract cannot be fulfilled by any other practical means or that it is 

in the public interest to provide the facilities.

    (i) If the contractor's inability to provide facilities is due to 

insufficient lead time, the Government may provide existing facilities 

until the contractor's facilities can be installed.

    (ii) Mere assertion by a contractor that it is unable to provide 

facilities is not, in itself, sufficient to justify approval. 

Appropriate Government officials must determine that providing 

Government facilities is justified.

    (iii) The determination shall include findings that private 

financing of the facilities was sought but not available



[[Page 836]]



or that private financing was determined not advantageous to the 

Government. The determination shall also state that the contract cannot 

be accomplished without Government facilities being provided.

    (iv) The original determination shall be included in the contract 

file.

    (v) No determination is required when the facilities are provided as 

components of special tooling or special test equipment acquired or 

fabricated at Government expense.

    (5) As otherwise authorized by law or regulation.

    (b) Agencies shall not--

    (1) Furnish new facilities to contractors unless existing 

Government-owned facilities are either inadequate or cannot be 

economically furnished;

    (2) Use research and development funds to provide contractors with 

new construction or improvements of general utility, unless authorized 

by law; or

    (3) Provide facilities to contractors solely for non-Government use, 

unless authorized by law.

    (c) Competitive solicitations shall not include an offer by the 

Government to provide new facilities, nor shall solicitations offer to 

furnish existing Government facilities that must be moved into a 

contractor's plant, unless adequate price competition cannot be 

otherwise obtained. Such solicitations shall require contractors to 

identify the Government-owned facilities desired to be moved into their 

plants.

    (d) Government facilities with a unit cost of less than $10,000 

shall not be provided to contractors unless--

    (1) The contractor is a nonprofit institution of higher education or 

other nonprofit organization whose primary purpose is the conduct of 

scientific research;

    (2) A contractor is operating a Government-owned plant on a cost-

plus-fee basis;

    (3) A contractor is performing on a Government establishment or 

installation;

    (4) A contractor is performing under a contract specifying that it 

may acquire or fabricate special tooling, special test equipment, and 

components thereof subsequent to obtaining the approval of the 

contracting officer; or

    (5) The facilities are unavailable from other than Government 

sources.



[48 FR 42392, Sept. 19, 1983, as amended at 54 FR 34756, Aug. 21, 1989]