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DLAD PART 45 – GOVERNMENT PROPERTY



PART 45 – GOVERNMENT PROPERTY

TABLE OF CONTENTS

45.000 Scope of part.

SUBPART 45.1 – GENERAL

45.102 Policy.

45.103 Responsibility and liability for Government property.

45.105 Records of Government Property.

45.106 Government Property Clauses.

SUBPART 45.2 – COMPETITIVE ADVANTAGE

45.205 Solicitation requirements.

SUBPART 45.3 – PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS

45.302 Providing facilities.

45.302-1 Policy.

45.306(90) Providing special tooling.

45.307-2 Acquiring special test equipment.

SUBPART 45.4 – CONTRACTOR USE AND RENTAL OF GOVERNMENT PROPERTY

45.407 Non-Government use of plant equipment.

SUBPART 45.6 – REPORTING, REDISTRIBUTION, AND DISPOSAL OF CONTRACTOR INVENTORY

45.608 Screening of contractor inventory.

45.608-1 General.

45.612 Removal and storage.

45.612-3 Special storage at the Government's expense.

45.000 Scope of Part.

This part is also applicable to those items for which the rotational/storage stock concept is used to maintain a sufficient quantity of items with short shelf life needed for wartime requirements. Rotational stocks should be considered government property (GP) and the appropriate GP clauses prescribed in this part should be incorporated to ensure that the stocks are properly maintained and accounted for by the contractor. Specific or unique requirements over and above those contained the GP clauses, such as a provision for acceptable replenishment rates, should be spelled out in the statement of work for the contract.

SUBPART 45.1 – GENERAL

45.102 Policy.

45.103 Responsibility and liability for Government property.

(90) Management of property associated with CIT.

(a) Each Supply Center that has GP will establish a property focal point who will:

(1) Verify the location, quantity, type, and condition of property being transferred to DLA. DCMA personnel can be used to assist in this process.

(2) Work with supply management and technical and logistics services to develop the identifying number (NSN, local stock number, part number) that will be used in the official system to account for GP.

(b) Supply management personnel are responsible for storage and accountability of GP.

(91) Management of property in DLAIER.

(a) The property focal point will:

(1) Ensure that a copy of the record for each set/piece of equipment under the Center's cognizance is available for authorizing its use on contracts as needed.

(2) Provide verification of availability and authorization to use equipment to contracting officers.

(3) Review the items in the DLAIER for continued retention or disposal. If continued retention is required, a biennial certification should be prepared for those items at the end of each even FY in accordance with the retention criteria in DLAI 4215.4.

(b) Supply management personnel are responsible for storage and accountability functions for GP.

45.105 Records of Government property.

(90) The property focal point will document additions and deletions to the DLAIER of idle and active equipment to ensure availability of this information and serve as the basis for the biennial certification signed by the chief of the contracting office.

(91) The supply management function will maintain the accountable inventory record of property under a Center's cognizance and report the property into DLA's accountable record.

45.106 Government Property Clauses.

45.106(90)

Use 52.245-9001, Evaluation of Use of Government Furnished Property, in solicitations when the Government offers to supply Government Furnished Property as defined in FAR 45.101. Fill in item number, identification of government property, etc., in paragraph (b) and time when the property would be delivered to the contractor in paragraph (c).

45.106(91)

Use the clause at 52.245-9002, Use of Government Furnished Property, in awards when Government property (tooling, molding, etc., other than Government material) is to be furnished to the contractor, and where FAR 52.245-2 or 52.245-4 are used. Fill in the blanks as appropriate. Paragraph (b), the "Period of Use" should normally be completed by insertion of the phrase "Duration of Contract”.

45.106(92)(a)

Use the clause at 52.245-9003, Transportation Costs of GFP, in all solicitations and awards to describe evaluation procedures when any type of GFP (material, special tooling, test equipment) is to be shipped to the contractor at Government expense, and where FAR 52.247-55 and the Government Furnished Property clause FAR 52.245-2 or 52.245-4 are used, except when Government-furnished precious metals are to be provided (DLAD 90.404 ) or special tooling is to be provided which is managed by a center. Buyer should complete paragraphs (a), (c), and (e). Offeror should complete paragraph (b).

45.106(93)

Use the clause at 52.245-9009, Government-furnished Property (GFP), when GFP will be provided to a Contractor in the performance of a contract for DLA Land and Maritime by the DLA Contracting Services Office, Columbus (DCSO-C). Enter a brief description of the property, quantity involved, and estimated value.

45.106(94)

Use the clause at 52.245-9010, Government-furnished Property (GFP): Hubs, Dies, Molds, Shaping Blocks, Guide Samples, and Inspection Gauges, in Clothing & Textiles solicitations and awards when hubs, dies, molds, inspection gauges, shaping blocks, and/or guide samples for metal insignia are to be furnished to the successful offeror.

45.106(95)

Use the clause at 52.245-9011, Government-furnished Material (GFM) (Bailment System) and Property Administration, in Clothing & Textiles solicitations and contracts when Government material (cloth) will be provided on a bailment (i.e. where ownership of material remains with the Government) basis. Do not use when Government material will be provided on a loan basis or for servicing (e.g. dyeing or finishing.) Use is also authorized in Medical acquisitions where Government material (cloth) will be provided in accordance with the C&T Bailment System procedures. Insert appropriate fill-in data for paragraphs (a)(1), (e), (f) and (g). Purchase orders must be assigned to DCMA for property administration.

45.106(96)

Use the provision at 52.245-9012, Government-furnished Property Cloth Only, in Clothing & Textiles solicitations where cloth is furnished under non-bailment procedures.

45.106(97)

Use the clause at 52.245-9013, Provisions Relating to Materials to Be Furnished by the Government (Non-Bailment)- Footwear, in Clothing & Textiles solicitations and contracts for footwear items where GFP (Non-Bailment) is involved. Insert entries in paragraphs (a), (b), and (f)(2)(ii thru iv).

45.106(98)

Use the clause at 52.245-9014, Government-furnished Property (GFP) Provisions – Dyeing & Finishing Contracts, in Clothing & Textiles solicitations and contracts for dyeing and/or finishing of textiles. Also, use FAR 52.247-55 with this clause. In paragraph (a), identify the material to be furnished by the Government. In paragraph (c), insert the number of days after date of award within which the Contractor can expect delivery of GFP.

45.106(99)

Use the clause at 52.245-9015, Dyeing and Finishing of Textiles, in Clothing & Textiles solicitations for services involving the dyeing and finishing of griege (i.e. fabric not yet dyed or finished) goods. Insert the appropriate percentages in paragraph(s) (a) and/or (b).

45.106(100)

Use the clause at 52.245-9016, Availability of Clothing Patterns, in Clothing & Textiles solicitations and contracts when the Government will furnish clothing patterns.

45.106(101)

Use the clause at 52.245-9017, Ownership of Overruns Containing Government-furnished Property, in Clothing & Textiles solicitations and contracts that provide for GFP, except dyeing and finishing contracts.

45.106(102)

Use the clause at 52.245-9018, Government-furnished Material – NIB and NISH, in Clothing and Textiles delivery orders involving GFM for NIB and NISH. In paragraph (a) insert nomenclature, unit price, allowance per unit, and value of allowance per unit of the GFM provided.

45.106(103)

Use the clause at 52.245-9019, Government-Owned Property (Bulk Storage Contract), in Medical bulk storage solicitations and contracts for vaccine. The Government-owned property under these acquisitions is manufactured by the Contractor, inspected and accepted by the Government, stored in bulk form at the same Contractor's plant, and is subsequently used to fill orders placed by the Government for finished product.

45.106(104)

Use the clause at 52.245-9020, Cartoons and Guide Samples for Embroidered Insignia, in Clothing and Textiles solicitations for embroidered insignia.

45.106(105)

Use the clause at 52.245-9021, Government Samples, in Clothing & Textiles solicitations when there are no end item samples available for loan to bidders, but a sample is available at the Supply Center for inspection.

45.106(106)

Use the clause at 52.245-9022, Sized Items, in Clothing & Textiles solicitations and contracts for sized items.

45.106(107)

Use the clause at 52.245-9023, Firm and Flexible Sizes, in Clothing & Textiles solicitations and contracts for cotton or woolen sized items involving GFM.

45.106(108)

Use the clause at 52.245-9024, Special Measurements, in Clothing & Textiles solicitations and contracts for all personal use sized items, including sewn leather items, but exclusive of non-sewn leather items, blocked (i.e. shaped over a mold) hats, and knitted items.

45.106(109)

Use the clause at 52.245-9025, Contractor Control of Government-furnished Property (GFP), in Subsistence acquisitions for MRE, semi-perishable items.

45.106(110)

Use the clause at 52.245-9026, Special Instructions for Compressed Gas Requirements (including FSCs 6830 and 8120), in solicitations and awards for refurbishment/refill of compressed gas cylinders (includes FSCs 6830 and 8120). If the Contractor has indicated they will pick up the cylinders from the Depot, the buyer will annotate “Contractor Pick-up” on the FL226.

45.106(111)

Use the clause at 52.245-9027, Government-furnished Property (GFP) Mechanical Gauges (Loaned) (Includes FSCs 5995 and 6150), when the PID requires use of Government-furnished mechanical gauges (including FSCs 5995 and 6150), managed by U.S. Army TMDE Support Center, Tobyhanna, PA. Insert data regarding gauges in paragraph (a) of 52.245-9003 under “Identification of Property”.

45.106(112)

Use the clause at DLAD 52.245-9028, Allowable Losses for Meal, Ready-to-Eat (MRE) and Tray Pack Government-furnished Property (GFP), in Subsistence solicitations and contracts for MRE and tray pack semi perishable items.

SUBPART 45.2 – COMPETITIVE ADVANTAGE

45.205 Solicitation requirements.

(b) The preferable evaluation procedure is to use rental equivalents and authorize rent-free use of GFP because the resulting award price will be lower. This conserves DLA's funds because rental monies flow back into the U.S. Treasury at the expense of the DLA budget. Charging the contractor rent shall be used only when absolutely necessary.

SUBPART 45.3 – PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS

45.302 Providing facilities.

45.302-1 Policy.

45.302-6(90)

45.306(90) Providing special tooling.

Criteria for acquisition. When the contracting officer receives notice of the contractor's intent to acquire or fabricate special tooling, the contracting officer will, before agreeing to the classification and approval for payment of the property as special tooling, obtain a written determination from a Defense Contract Management Agency (DCMA) representative that the property is needed and properly classified. The written determination by the DCMA technical evaluator will be included in the contract file.

45.306-5(91)

Use the clause at 52.245-9005, Government-Owned Tooling, when Government owned special tooling is mentioned in the PID or in the Manufacturer's Part Number Data field of the PR trailer. Buyer should coordinate with the appropriate Supply Center Special Tooling Coordinator to obtain availability information and data for paragraph (a). Use 52.245-17, 52.245-19, 252.245-7001 (Sec I), 52.245-9006, and 52.245-2 or 52.245-4, as appropriate, with this clause. Purchase Orders containing this clause will be bilateral. Buyer shall indicate on distribution schedule that one copy of award be furnished to Special Tooling Coordinator.

45.306-5(92)

Use the clause at 52.245-9006, Use of Government-Owned Tooling, in Contract Section I, Representations and Certifications, when Government owned special tooling is mentioned in the PID or in the Manufacturer's Part Number Data field of the PR trailer. If gov’t tooling is used, the rental equivalency evaluation factor will be calculated in accordance with the Use and Charges clause set forth in FAR 52.245-9. Use DLAD 52.245-9005 with this clause.

45.306-5(93)

Insert the clause at 52.245-9007, Use of Government-Owned Special Tooling or Test Equipment, in Contract Section I, Representations and Certifications, when FSCs 1560, 1670, 1680, FSGs 28 or 29 are used, when there is uncertainty regarding the existence of Government-owned special tooling or test equipment which could be used in producing the items. If Government owned special tooling or special test equipment will be furnished, ensure FAR Clause 52.245-2 or 52.245-4, as appropriate, is included in Section I of the award.

45.307-2 Acquiring special test equipment.

SUBPART 45.4 – CONTRACTOR USE AND RENTAL OF GOVERNMENT PROPERTY

45.407 Non-Government use of plant equipment.

SUBPART 45.6 – REPORTING, REDISTRIBUTION, AND DISPOSAL OF CONTRACTOR INVENTORY

45.608 Screening of contractor inventory.

45.608-1 General.

45.612 Removal and storage.

45.612-3 Special storage at the Government's expense.

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