# Presentation: 141719

## GODDARD SPACE FLIGHT CENTER 

- CONTRACT
- PROPERTY
- TRAINING
- COURSE

**Add ****Corporate****Logo****Here**

## CONTRACT  PROPERTY	

**GSFC**
**April 27, 2005**
**DAVID L. GRUNTMAN**
**CODE 235**
**301-286-3385**
**David.L.Gruntman@nasa.gov**

## CONTRACT PROPERTY TEAM

- DAVID L. GRUNTMAN
- 6-3385	_[DAVID.L.GRUNTMAN@NASA.GOV](mailto:DAVID.L.GRUNTMAN@NASA.GOV)_
- GARY V. MORRIS
- 6-5031 _[GARY.V.MORRIS@NASA.GOV](mailto:GARY.V.MORRIS@NASA.GOV)_
- DENISE M. DUIGNAN
- 6-8965 _[DENISE.M.DUIGNAN@NASA.GOV](mailto:DENISE.M.DUIGNAN@NASA.GOV)_

## PROPERTY

## PROPERTY

- DEFINITIONS
**PROPERTY** MEANS ALL PROPERTY, BOTH REAL AND PERSONAL.  IT INCLUDES FACILITIES, MATERIAL, SPECIAL TOOLING, SPECIAL TEST EQUIPMENT, AND AGENCY- PECULIAR.
**GOVERNMENT PROPERTY **MEANS ALL PROPERTY OWNED BY OR LEASED TO THE GOVERNMENT OR ACQUIRED BY THE GOVERNMENT UNDER THE TERMS OF THE CONTACT. IT INCLUDES BOTH GOVERNMENT FURNISHED AND CONTRACTOR-ACQUIRED PROPERTY AS DEFINED IN FAR PART 45.

## PROPERTY

- DEFINITIONS (CON’T)
**CONTRACTOR-ACQUIRED **MEANS PROPERTY ACQUIRED OR OTHEREWISE PROVIDED BY THE CONTRACTOR FOR PERFORMING A CONTRACT AND TO WHICH GOVERNMENT HAS TITLE.
**GOVERNMENT-FURNISHED **MEANS PROPERTY IN THE POSSESSION OF, OR DIRECTLY ACQUIRED BY THE GOVERNMENT AND SUBSEQUENTLY MADE AVAILABLE TO THE CONTRACTOR.

## PROPERTY

- DEFINITIONS (CON’T)
**FACILITIES** MEANS PROPERTY USED FOR PRODUCTION, MAINTENANCE, RESEARCH AND DEVELOPMENT, OR TESTING.  IT INCLUDES PLANT EQUIPMENT AND REAL PROPERTY.  IT DOES NOT INCLUDE MATERIAL, SPECIAL TEST EQUIPMENT, SPECIAL TOOLING, OR AGENCY-PECULIAR PROPERTY.

## PROPERTY

- DEFINITIONS (CON’T)
**PLANT EQUIPMENT **MEANS PERSONAL PROPERTY OF A CAPITAL NATURE (INCLUDING EQUIPMENT, MACHINE TOOLS, TEST EQUIPMENT, FURNITURE, VEHICLES, AND ACCESSORY AND AUXILIARY ITEMS) FOR USE IN MANUFACTURING SUPPLIES, IN PERFORMING SERVICES, OR FOR ANY ADMINISTRATIVE OR GENERAL PLANT PURPOSE.  IT DOES NOT INCLUDE SPECIAL TOOLING OR SPECIAL TEST EQUIPMENT.

## PROPERTY POLICY

**AGENCIES SHALL NOT FURNISH** **FACILITIES** TO CONTRACTORS FOR ANY PURPOSE, INCLUDING RESTORATION, REPLACEMENT, OR MODERNIZATION EXCEPT:
- FOR USE IN A GOVERNMENT-OWNED, CONTRACTOR OPERATED PLANT ON A COST-PLUS FIXED FEE BASIS.
- FOR SUPPORT OF INDUSTRIAL PREPAREDNESS PROGRAM

## PROPERTY POLICY

- 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 WRITTTEN STATEMENT ASSERTING INABILITY TO OBTAIN FACILITIES, THE AGENCY HEAD OR DESIGNEE ISSUES A DETERMINATION AND FINDING THAT THE CONTRACT CANNOT BE FULFILLED BY ANY OTHER PRACTICAL MEANS OR THAT IT IS IN THE PUBLIC INTEREST TO PROVIDE THE FACILITIES.

## PROPERTY POLICY

- 5. AS OTHERWISE AUTHORIZED BY LAW OR REGULATION.
- AGENCIES SHALL NOT:
- A. FURNISH NEW FACILITIES TO CONTRACTORS UNLESS EXISTING GOVERNMENT-OWNED FACILITIES ARE EITHER INADEQUATE OR CANNOT BE ECONOMICALLY FURNISHED.
- B. USE RESEARCH AND DEVELOPMENT FUNDS TO PROVIDE CONTRACTORS WITH NEW CONSTRUCTION OR IMPROVEMENTS OF GENERAL UTILITY.
- C. PROVIDE FACILITIES TO CONTRACTOR SOLELY FOR NON-GOVERNMENT USE, UNLESS AUTHORIZED BY LAW.

## PROPERTY CONCERNS

- CONTRACTS NOT BEING FORWARDED FOR SEMO REVIEWS
- CONTRACTS NOT DELEGATED TO DOD ACTIVITY
- COST TYPE CONTRACTS (PERFORMANCE OFF SITE) NOT BEING FORWARDED TO PROPERTY TEAM FOR ADMINISTRATION
- FIX PRICE CONTRACTS WITH PROGRESS PAYMENTS, PERFORMANCE BASED TYPE PAYMENTS NOT INCLUDING PROPER CLAUSES AND FAILURE TO FORWARD TO PROPERTY  OFFICE FOR ADMINISTRATION.
- PROPER PROPERTY CLAUSES NOT INCLUDED IN CONTRACTS.

## PROPERTY CONCERNS

- COST TYPE CONTRACTS (OFF SITE)
- NO MORE “NEAR SITE” LOCATIONS
- IF BOTH ON/OFF SITE
- PROGRESS PAYMENTS
- PERFORMANCE BASED
- MILESTONE PAYMENTS
- NF1018 CLAUSE GOES IN ALL OF THESE TYPE OF CONTACTS.
- PROPERTY REPORTING NEEDS TO BE A DEFAULT POSITION

## PROPERTY CLAUSES

## PROPERTY CLAUSES

- WHAT ARE THE CLAUSES
- WHY ARE THEY REQUIRED
- HOW SHOULD THEY BE USED
- WHEN THEY SHOULD BE INCLUDED IN THE CONTRACT

## PROPERTY CLAUSES

- FAR 52.245-1
**PROPERTY RECORDS**
- USED ONLY IF GOVERNMENT WILL MAINTAIN THE OFFICIAL RECORDS
- FAR 45.106A PRESCRIBES WHEN.

## PROPERTY CLAUSES

- FAR 52.245-2
**GOVERNMENT PROPERTY FIXED PRICE**
- USED IN SOLICITATIONS AND CONTRACTS WHEN A FIXED PRICE IS CONTEMPLATED.
- PRESCRIPTION; FAR 45.106B

## PROPERTY CLAUSES

- FAR 52.245-2 ALT I
- CHANGES PARAGRAPH (G)
- USED IN FP SERVICE CONTRACTS
- PERFORMANCE PRIMARILY ON A GOVERNMENT INSTALLATION
- PRESCRIPTION; FAR 45.106B2(II)

## PROPERTY CLAUSES

- FAR 52.245-2 ALT II
- CHANGES PARAGRAPHS (C) AND (G)
- FOR CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION OR NONPROFIT ORGANIZATIONS.
- PRESCRIPTION FAR 45.106B(3)

## PROPERTY CLAUSES

- FAR 52.245-4
**GOVERNMENT FURNISHED PROPERTY SHORT FORM**
- IN SOLICITATIONS AND CONTRACTS WHEN A FP, T&M, OR LABOR-HOUR CONTRACT IS CONTEMPLATED AND THE ACQUISITION COST OF ALL GOVENRMENT-FURNISHED PROPERTY TO BE INVOLVED IN THE CONTRACT IS $100,000 OR LESS.
- NOT FOR EDUCATIONAL OR NONPROFIT ORGANIZATIONS
- PRESCRIPTION; FAR 45.106D.

## PROPERTY CLAUSES

- FAR 52.245-5
**GOVERNMENT PROPERTY COST-REIMBURSEMENT, TIME AND MATERIALS, OR LABOR-HOUR CONTRACTS.**
- USED WHEN CONDITIONS ARE NOT MET IN 52.245-4.
- PRESCRIPTION; FAR 45.106(F)(1)

## PROPERTY CLAUSES

- FAR52.245-5 ALT I
- CHANGES PARAGRAPH (C)
- WHEN CONTRACT IS FOR BASIC OR APPLIED RESEARCH AT NON-PROFIT INSTITUTIONS OF HIGHER EDUCATION OR NON-PROFIT ORGANIZATIONS
- PRESCRIPTION; FAR 45.106(F)(2)

## PROPERTY CLAUSES

- FAR 52.245-17
**SPECIAL TOOLING (ST)**
- USED IN SOLICTATIONS/CONTRACTS WHEN A FP CONTRACT IS CONTEMPLATED, AND EITHER THE CONTRACT WILL INCLUDE ST PROVIDED BY GOV’T OR THE GOV’T WILL ACQUIRE TITLE OR RIGHT TO TITLE IN ST TO BE ACQUIRED OR FABRFICATED BY THE CONTRACTOR FOR THE GOV’T**. **

## PROPERTY CLAUSES

- FAR52.245-17 (CON’T)
- THE SPECIAL TOOLING CLAUSE SHALL APPLY TO ALL SPECIAL TOOLING ACCOUNTABLE TO THE CONTRACT.
- PRESCRIBED IN FAR45.306-5

## PROPERTY CLAUSES

- FAR 52.245-18
**SPECIAL TEST EQUIPMENT(STE****)**
- USED IN CONTRACTS WHEN CONTRACTING BY NEGOTIATION AND THE CONTRACTOR WILL ACQUIRE OR FABRICATE STE FOR THE GVN’T BUT THE EXACT IDENTIFICATION OF THE STE TO BE ACQUIRED OR FABRICATED IS UNKNOWN.

## NASA FAR SUPPLEMENT PROPERTY CLAUSES

## NFS PROPERTY CLAUSES

- 1852.245-70
**CONTRACTOR REQUEST FOR GOV’T EQUIPMENT**
- USED IN ALL SOLICITATIONS AND CONTRACTS THAT HAVE THE POTENTIAL FOR CONTRACTOR ACQUISITION OF EQUIPMENT FOR THE ACCOUNT OF THE GOVERNMENT THAT IS NOT LISTED AS A SPECIFIC CONTRACT DELIVERABLE.
- PRESCRIPTION; 1845.106-70(a)

## NFS PROPERTY CLAUSES

- 1852.245-71
**INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY**
- USED IN SOLICITATIONS AND CONTRACTS WHEN GOV’T PROPERTY IS TO BE MADE AVAILABLE TO A CONTRACTOR WORKING ON A NASA INSTALLATION, AND THE GOVERNMENT WILL MAINTAIN ACCOUNTABILITY FOR THE PROPERTY.
- PRESCRIPTION; 1845.106-70(b)

## NFS PROPERTY CLAUSES

- 1852.245-71 ALT I
- CO’S SHALL USE THIS CLAUSE IF THE SEMO REQUESTS THAT THE CONTRACTOR BE RESTRICTED FROM USE OF THE CENTER’S CENTRAL RECEIVING FACILITY FOR THE PURPOSES OF RECEIVING CONTRACTOR-ACQUIRED PROPERTY.
- PRESCRIPTION; 1845.106(B)(4)

## NFS PROPERTY CLAUSES

- 1852.245-72
**LIABILITY FOR GOVERNMENT PROPERTY FOR REPAIR OR OTHER SERVICES**
- USED IN FP SOLICITATIONS AND CONTRACTS (EXCEPTIONS) FOR REPAIR, MODIFICATION, REHABILITATION, OR OTHER SERVICING OF GOV’T PROPERTY, IF SUCH PROPERTY IS TO BE FURNISHED TO A CONTRACTOR FOR THAT PURPOSE AND NO OTHER GOV’T PROPERTY IS TO BE FURNISHED.
- PRESCRIPTION; 1845.106-70(c)

## NFS PROPERTY CLAUSES

- 1852.245-73
**FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTACTORS.**
- USED IN COST REIMBURSEMENT CONTRACTS UNLESS ALL PROPERTY TO BE PROVIDED IS SUBJECT TO THE CLAUSE 1852.245-71.  SHALL ALSO BE INCLUDED IN OTHER TYPES OF CONTRACTS WHEN IT IS KNOWN AT TIME OF AWARD THAT PROPERTY WILL BE PROVIDED TO THE CONTRACTOR OR THAT THE CONTRACTOR WILL ACQUIRE PROPERTY TO WHICH TITLE WILL VEST IN THE GOVERNMENT PRIOR TO DELIVERY.
- PRESCRIPTION; 1845.106-70(d)

## NFS SUPPLEMENT CLAUSES

- 1852.245-74
**CONTRACTOR ACCOUNTABLE ON-SITE GOVERNMENT PROPERTY**.
_**MUST BE APPROVED BY CODE JLG**_
- INSERT IN LIEU OF THE CLAUSE 1852.245-71, IN SOLICITATIONS AND CONTRACTS WHEN _**ACCOUNTABILITY**_ RESTS WITH AN ON-SITE CONTRACTOR.
- PRESCRIPTION; 1845.106.70 (e)

## NFS PROPERTY CLAUSES

- 1852.245-75
**TITLE TO EQUIPMENT**
- SHALL BE INSERTED IN SOLICITATIONS AND CONTRACTS WHERE THE CLAUSE FAR52.245-2 ALT II OR FAR52.245-5 ALT** I **USED.
- PRESCRIPTION; 1845.106.70(f)

## NFS PROPERTY CLAUSES

- 1852.245-76
**LIST OF GOVERNMENT-FURNISHED PROPERTY.**
- SHALL INSERT IN SOLICITATIONS AND CONTRACTS IF THE CONTRACTOR IS TO BE ACCOUNTABLE UNDER THE CONTRACT FOR GOVERNMENT PROPERTY.
- PRESCRIPTION; 1845.106.70(g)

## NFS PROPERTY CLAUSES

- 1852.245-77
**LIST OF INSTALLATION-ACCOUNTABLE PROPERTY AND SERVICES.**
- SHALL INSERT THE CLAUSE IN SOLICITATIONS AND CONTRACTS THAT REQUIRE PERFORMANCE ON SITE AND AUTHORIZE CONTRACTOR USE OF PROPERTY WITHIN THE PHYSICAL BORDERS OF THE CENTER.
- PRESCRIPTION; 1845.106-70(h)

## NFS PROPERTY CLAUSES

- 1852.245-79
**USE OF GOVERNMENT-OWNED PROPERTY.**
- SHALL INSERT IN ALL SOLICITATIONS WHEN GOVERNMENT PROPERTY MAY BE USED BY THE CONTRACTOR.
- PRESCRIPTION; 1845.106-70(i)

## NFS PROPERTY CLAUSES

- 1852.245-80
**USE OF GOVERNMENT PRODUCTION AND RESEARCH PROPERTY ON A NO-CHARGE BASIS.**
- SHALL INSERT IN SOLICITATIONS AND CONTRACTS WHEN GOVERNMENT PROPERTY (REAL PROPERTY, COMMERICALLY AVAILABLE EQUIPMENT, STE, ST) ACCOUNTABLE UNDER ANOTHER CONTRACT(S) IS AUTHORIZED FOR USE.
- PRESCRIPTION; 1845.106-70 (J)

## GODDARD CLAUSES

## GSFC CLAUSES

- GSFC52.245-91
- Motor Pool Vehicles
- If applicable Use with 1852.245-77
- GSFC52.245-92
- Repair or Replacement of Government Property
- Use with FAR 52.245-5

## GSFC CLAUSES

- GSFC52.245-93
- Contractor Acquired Government Property
**Use Only with 1852.245.71 ALT 1**
- GSFC52.245-96
- Property Clause Applicability
- Used when contractor has government property for both On and Off site. Also Clauses 1852.245-70, 73 and 76 ***must be in full text.***

## GSFC Property Clauses

- GSFC52.245-97
- Contractor-Acquired NASA Conditions
- 1845.502-70 specifies the general and specific conditions that applies to the contract.

## GRANT CLAUSES

- OMB CIRCULARS A-110 & A-122
- NPG 5800.1 (HANDBOOK)
***SECTIONS A&B RELATES TO GRANTS & COOPERATIVE AGREEMENTS W/INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS AND OTHER NON PROFIT ORGANIZATIONS*****.**
- SECTION A –PROVIDES TEST OF PROVISIONS & SPECIAL CONDITIONS
- SECTION B – ADOPTS REQUIREMENTS OF OMB CIRCULAR A110 AND INCLUDES NASA’S CHOICES IN ALTERNATIVES OFFERED BY A-110

## GRANT CLAUSES

- NPG 5800.2 (CON’T)
- SECTION C-RELATES TO LOCAL & STATE GOVERNMENT.
- SECTION C – ADOPTS THE ADMINISTRATIVE REQUIREMENTS OF OMB CIRCULAR NO. A-102
- SECTION D – RELATES TO COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS.

## GRANT CLAUSES

- SECTION A
- 1260-27 EQUIPMENT AND OTHER PROPERTY
- 1260-66 LISTING OF REPORTABLE EQUIPMENT AND OTHER PROPERTY
- 1260-67 EQUIPMENT AND OTHER PROPERTY UNDER GRANTS WITH COMMERCIAL FIRMS.
- 1260-74 PROPERTY USE, DISPOSITION, AND VESTING TITLE.
- 1260-75 SUMMARY OF REPORT REQUIREMENTS

## GRANT CLAUSES

- SECTION B
- 1260.130 PURPOSE OF PROPERTY STANDARDS.
- 1260-131 THROUGH 137 SET FORTH UNIFORM STANDARDS GOVERNMENT MANAGEMENT AND DISPOSITION OF PROPERTY.

## GRANT CLAUSES

- SECTION C
- 1273.31 REAL PROPERTY
- 1273.32 EQUIPMENT
- 1273.33 SUPPLIES

## GRANT CLAUSES

- SECTION D
- 1274-401 Subpart D-Government Property
- 1274-802 Closeout procedures
- 1274-923 Equipment and Other Property

## PROPERTY CLAUSES

- DISCUSSION
- QUESTIONS
- COMMENTS