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

FederalRegulations

Ask Donna

How this section applies to your facts.

Federal Register › Vol. 59 ›

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

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.

-----------------------------------------------------------------------

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;

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***

----------------------------------------------------------------------

and at other location(s) as may be approved by the Contracting

Officer.

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):-----------------------------------------------------

----------------------------------------------------------------------

[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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.