[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Proposed Rules]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21514]


[[Page Unknown]]

[Federal Register: September 2, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Parts 45 and 52

[FAR Case 91-114]

 

Federal Acquisition Regulation; Use of Government Facilities on A 
No-Charge Basis

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council (CAAC) and the Defense 
Acquisition Regulations Council (DARC) are proposing to amend the 
Federal Acquisition Regulation (FAR) to add two new clauses entitled, 
``Schedule of Government-Furnished Property'' and ``Use on No-Charge 
Basis--Government Facilities, Special Test Equipment and Special 
Tooling''. The Government property clauses have been changed to 
reference the ``Schedule of Government-Furnished Property'' clause. 
This regulatory action was not subject to Office of Management and 
Budget (OMB) review pursuant to Executive Order No. 12866 dated 
September 30, 1993.

DATES: Comments should be submitted on or before November 1, 1994 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW., Room 4037, Washington, DC 20405. Please cite FAR case 91-
114 in all correspondence related to this case.
FOR FURTHER INFORMATION CONTACT:

Ms. Linda Klein at (202) 501-3775 in reference to this FAR case. For 
general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC 20405, (202) 501-4755. Please cite FAR case 
91-114.
SUPPLEMENTARY INFORMATION: 
A. Background
    As part of the Defense Management Review, the DARC reviewed 
regulatory text and clauses at the component level of the military 
departments for possible elimination or combination into higher level 
regulations. Based on that review, two clauses are recommended for 
inclusion into the FAR, Schedule of Government-Furnished Property and 
Use on No-Charge-Basis--Government Facilities, Special Test Equipment 
and Special Tooling. The first clause will be used by contracting 
officers to describe the items of Government-furnished property to be 
provided to the contractor, and the second clause will authorize for 
the contractor's use on a no-charge basis, Government facilities, 
special test equipment and special tooling. These clauses provide 
controls on the use of Government property by identifying the items of 
property furnished under a contract or used on a no-charge basis, and 
the clauses also describe the obligations of both parties in regard to 
the property.
B. Regulatory Flexibility Act
    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the 
clauses identify and authorize property for use by the contractor which 
is mutually beneficial to both parties and do not burden the 
contractor. An Initial Regulatory Flexibility Analysis has, therefore, 
not been performed. However, comments are invited from small businesses 
and other interested parties. Such comments must be submitted 
separately and should cite 5 U.S.C. 601, et seq., (FAR case 91-114), in 
correspondence.

C. Paperwork Reduction Act

    This rule does not impose any additional reporting or recordkeeping 
requirements which require the approval of OMB under 44 U.S.C. 3501, et 
seq. Therefore, the Paperwork Reduction Act does not apply.

List of Subjects in 48 CFR Parts 45 and 52

    Government procurement.

    Dated: August 24, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, it is proposed that 48 CFR parts 45 and 52 be amended as 
set forth below:

PART 45--GOVERNMENT PROPERTY

    1. The authority citation for 48 CFR parts 45 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 45.106 is amended by revising paragraphs (b)(1), (f)(1), 
and (g); and by adding paragraphs (h) and (i) to read as follows:


45.106   Government property clauses.

* * * * *
    (b)(1) The contracting officer shall insert the clause at 52.245-2, 
Government Property (Fixed-Price Contracts), in solicitations and 
contracts when a fixed-price contract is contemplated, if Government 
property is to be furnished under the contract, except as provided in 
paragraphs (d) and (e) of this section.
* * * * *
    (f)(1) The contracting officer shall insert the clause at 52.245-5, 
Government Property (Cost-Reimbursement, Time-and-Material, or Labor-
Hour Contracts), in solicitations and contracts when a cost-
reimbursement, time-and-material, or labor-hour contract is 
contemplated, if Government property is to be furnished under the 
contract, except as provided in paragraph (d) of this section.
* * * * *
    (g) The contracting officer shall insert the clause at 52.245-6, 
Liability for Government Property (Demolition Services Contracts), in 
addition to the clauses prescribed at 37.304, in solicitations and 
contracts for dismantling, demolition, or removal of improvements, if 
Government property is to be furnished under the contract.
    (h) The contracting officer shall insert the clause at 52.245-20, 
Schedule of Government-Furnished Property, in solicitations and 
contracts if Government property is to be furnished under the contract.
    (i) The contracting officer shall insert the clause at 52.245-21, 
Use on a No-Charge Basis--Government Facilities, Special Test 
Equipment, and Special Tooling, in solicitations and contracts if 
Government facilities, special test equipment, or special tooling, 
accountable under another contract(s), is authorized for use.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.245-2  [Amended]

    3. Section 52.245-2 is amended in--
    (a) The clause heading by removing ``(DEC 1989)'' and inserting 
``(Date)'' in its place;
    (b) Paragraph (a)(1) after the word ``Schedule'' by inserting ``of 
Government-Furnished Property clause of this contract,'' and by 
removing the parenthetical at the end of the paragraph;
    (c) Paragraphs (a)(2) and (b)(2) after the word ``Schedule'' by 
inserting ``of Government-Furnished Property clause of this 
contract,''; and
    (d) Paragraph (j)(2) after the word ``Schedule'' by inserting ``of 
Government-Furnished Property clause of this contract,'', and by 
inserting
 ``-furnished'' between the words ``Government property''.
    4. Section 52.245-3 is amended by revising the introductory 
paragraph; removing in the clause heading ``(APR 1984)'' and inserting 
``(Date)''; removing the designation of paragraph (a) and revising the 
first sentence; removing paragraph (b); and removing the derivation 
line following ``(End of clause)'' to read as follows:


52.245-3  Identification of government-furnished property

    As prescribed in 45.106(c), insert the following clause:

IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY (DATE)

    The Government will furnish to the Contractor the Government-
furnished property identified in the Schedule of Government-
Furnished Property clause of this contract, to be incorporated or 
installed into the work or used in performing the contract. * * *
        (End of clause)


52.245-4  [Amended]

    5. Section 52.245-4 is amended in the clause heading by removing 
``(APR 1984)'' and inserting ``(Date)''; in paragraph (a) introductory 
text after the word ``Schedule'' by adding ``of Government-Furnished 
Property clause of this contract,''; and removing the derivation line 
following ``(End of clause)''


52.245-5  [Amended]

    6. Section 52.245-5 is amended in the clause heading by removing 
``(JAN 1986)'' and inserting ``(Date)''; and after the word 
``Schedule'' in paragraphs (a)(2), (a)(3), and (j)(2) by inserting ``of 
Government-Furnished Property clause of this contract,''.
    7. Section 52.245-7 is amended by revising the introductory 
paragraph and the first sentence in paragraph (b)(2); in the clause 
heading by removing ``(APR 1984)'' and inserting ``(Date)''; in 
paragraph (e) after the word ``Schedule'' by inserting ``of Government-
Furnished Property clause of this contract,''; and by removing the 15 
derivations lines following ``(End of clause)'' to read as follows:


52.245-7  Government property (consolidated facilities).

    As prescribed in 45.302-6(a), insert the following clause:

GOVERNMENT PROPERTY (CONSOLIDATED FACILITIES) (DATE)

* * * * *
    (b) * * *
    (2) The Government, subject to the provisions of this contract, 
shall furnish to the Contractor the facilities identified in the 
Schedule of Government-Furnished Property clause of this contract. * 
* *
* * * * *
        (End of clause)

    8. Section 52.245-10 is amended by revising the introductory 
paragraph and the first sentence in paragraph (b)(2); in the clause 
heading by removing ``(APR 1984)'' and inserting ``(Date)''; in 
paragraph (g)(2)(i) after the word ``Schedule'' by inserting ``of 
Government-Furnished Property clause of this contract''; and by 
removing the 10 derivation lines following ``(End of clause)'' to read 
as follows:


52.245-10  Government property (facilities acquisition).

    As prescribed in 45.302-6(d), insert the following clause:

GOVERNMENT PROPERTY (FACILITIES ACQUISITION) (DATE)

* * * * *
    (b) * * *
* * * * *
    (2) The Government, subject to the provisions of this contract, 
shall furnish to the Contractor the facilities identified in the 
Schedule of Government-Furnished Property clause of this contract. * 
* *
* * * * *
        (End of clause)

    9. Section 52.245-13 is revised to read as follows:


52.245-13  Accountable facilities (nonprofit educational institutions).

    As prescribed in 45.302-7(b), the contracting officer may insert 
the following clause:
ACCOUNTABLE FACILITIES (NONPROFIT EDUCATIONAL INSTITUTIONS) (DATE)

    The facilities accountable under this contract are those 
facilities furnished or acquired under this contract and those 
facilities furnished or acquired under those related contracts that 
are specifically identified in the Schedule of Government-Furnished 
Property clause of this contract.
        (End of clause)

    10. Sections 52.245-XX and 52.245-XX are added to read as follows:


52.245-XX  Schedule of government-furnished property.

    As prescribed in 45.106(h), insert the following clause:

SCHEDULE OF GOVERNMENT-FURNISHED PROPERTY (DATE)

    (a) The Government will make available to the Contractor for 
performance of work under this contract, the Government property 
identified below or in Attachment ____*____ of this contract.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Date to be  
                     Item**                       National stock    Acquisition     Quantity**     furnished to 
                                                       No.**          cost**                       contractor** 
----------------------------------------------------------------------------------------------------------------
                                                  ..............  ..............  ..............  ..............
                                                  ..............  ..............  ..............  ..............
                                                  ..............  ..............  ..............  ..............
                                                  ..............  ..............  ..............  ..............
                                                  ..............  ..............  ..............  ..............
----------------------------------------------------------------------------------------------------------------

    (b) The Contractor shall use this property in the performance of 
this contract at the following sites***
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and at other location(s) as may be approved by the Contracting 
Officer.

    (c) Under the Government property clause of this contract, the 
Contractor is responsible for the identified property.

    *The Contracting Officer shall insert the attachment number or 
``not applicable''.

    **The Contracting Officer shall insert a description of the 
item(s), national stock number (NSN) (if NSN is not available, 
include Commercial and Government Entity (CAGE) Code, if applicable, 
and manufacturer's part number), acquisition cost (if contract under 
which the item is furnished has been awarded), quantity, and date 
the property will be furnished to the Contractor.

    ***The Contracting Officer shall insert applicable site(s) where 
property will be used, if known.

        (End of clause)


52.245-XX  Use on a no-charge basis--government facilities, special 
test equipment, and special tooling.

    As prescribed in 45.106(i), insert the following clause:

USE ON A NO-CHARGE BASIS--GOVERNMENT FACILITIES, SPECIAL TEST 
EQUIPMENT, AND SPECIAL TOOLING (DATE)

    In the performing this contract, the Contractor is authorized to 
use on a no-charge basis the Government-owned facilities, special 
test equipment, and special tooling provided to the Contractor under 
the contract(s) specified below and identified in the Contracting 
Officer's letter approving use of the property. Use is authorized on 
the basis that it will not interfere with performance of the 
Government contract(s) under which the property was originally 
furnished. Use shall be in accordance with the terms and conditions 
of these contracts and the Contracting Officer's approval letter.

  Contract No.(s):-----------------------------------------------------
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[Insert the contract number(s) under which the Government property 
is accountable.]
        (End of clause)
[FR Doc. 94-21514 Filed 9-1-94; 8:45 am]
BILLING CODE 6820-34-M