[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 836-837]

 

            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

 

45.302-3  Other contracts.



    (a) Facilities may be provided to a contractor under a contract 

other than a facilities contract when one of the following exceptions 

applies:

    (1) The actual or estimated cumulative acquisition cost of the 

facilities provided by the contracting activity to the contractor at one 

plant or general location does not exceed $1,000,000;

    (2) The number of items of plant equipment provided is ten or fewer;

    (3) The contract performance period is twelve months or less;

    (4) The contract is for construction;



[[Page 837]]



    (5) The contract is for services and the facilities are to be used 

in connection with the operation of a Government-owned plant or 

installation; or

    (6) The contract is for work within an establishment or installation 

operated by the Government.

    (b) When a facilities contract is not used, the Government's 

interest shall normally be protected by using the appropriate Government 

property clause or, in the case of subparagraph (a)(5) of this 

subsection, by appropriate portions of the facilities clauses.

    (c) No profit or fee shall be allowed on the cost of the facilities 

when purchased for the account of the Government under other than a 

facilities contract. General purpose components of special tooling or 

special test equipment are not facilities.



[48 FR 42392, Sept. 19, 1983, as amended at 55 FR 52796, Dec. 21, 1990; 

57 FR 60588, 60589, Dec. 21, 1992]