[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 840]

 

            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

 

45.309  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 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.



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