(Revised October 21, 2015 through PROCLTR 2015-12)
TABLE OF CONTENTS
45.000 Scope of part.
SUBPART 45.1 – GENERAL
45.102-90 Policy.
45.103 Responsibility and liability for Government property.
45.106 Government Property Clauses.
45.106(107) Firm and flexible sizes – clothing and textiles solicitations and contracts.
45.106(108) Special measurements – clothing and textiles solicitations and contracts.
45.106(111) Government-furnished property (GFP) mechanical gauges (loaned).
SUBPART 45.3 – PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS
45.302 Providing facilities.
45.302-1 Policy.
45.306(90) Special tooling – criteria for acquisition.
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.
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 and the appropriate Government property 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 Government property clauses, such as a provision for acceptable replenishment rates, should be spelled out in the statement of work for the contract.
(Revised October 21, 2015 through PROCLTR 2015-12)
45.102-90 Policy. Government property associated with the production of end items being assigned to DLA for management under the consumable item transfer (CIT) should be identified, located, moved to DLA-controlled storage, and entered into an accountable property record to assure availability for production when needed.
45.103 Responsibility and liability for Government property.
(S-90) Management of property associated with CIT.
(a) Each contracting activity or office that has Government property will establish a property focal point who will:
(i) Verify the location, quantity, type, and condition of property being transferred to DLA. DCMA personnel can be used to assist in this process.
(ii) Work with supply management and technical and logistics services to develop the identifying number (NSN, local stock number, orpart number) that will be used in the official system to account for Government property.
(b) Supply management personnel are responsible for storage and accountability of Government property.
(S-91) Vendor stock retention model.
(1) Refer to DLA Instruction 4000.3, Accountability and Management of DLA-Owned Contract Property, for procedures to establish and maintain records accountability in solicitations and contracts for Government contract property of any value furnished to contractors, or acquired by contractors and third parties, as Government-furnished property (GFP).
45.106 Government property clauses.
45.106(111) Government-furnished property (GFP) mechanical gauges (loaned).
Use 52.245-9027 when the POT requires use of Government-furnished mechanical gauges (including FSCs 5995 and 6150), managed by U.S. Army TMDE Support Center, Tobyhanna, Pennsylvania.
SUBPART 45.3 – PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS
(Revised October 21, 2015 through PROCLTR 2015-12)
(a) Maximum reliance shall be placed on the use of contractor-owned facilities to support current production requirements for DLA-managed items. If the Government authorizes the contractor to acquire facilities for the account of the Government, no fee or profit will be allowed, regardless of the type of contract used to reimburse the contractor for the cost of the facilities. This policy does not apply to the acquisition of general purpose components of special tooling or special test equipment.
(4) Requests for new facilities will be forwarded to DLA Acquisition J74 for approval by the Director, DLA. Sufficient documentation shall be provided with the request to show that the need for supplies or services cannot be met by any other practical means or that the furnishing of facilities will be in the public interest. A copy of the contractor’s written statement, expressing its unwillingness or financial inability to acquire the necessary facilities with its resources, shall be included as a part of requests for new facilities. In addition to a contractor’s statement, the following certification must be made by a contracting official at least one level above the contracting officer:
(S-90) That private financing of individual facilities was sought but was not available or that private financing was determined not to be advantageous to the Government.
(S-91) That the defense contract cannot be accomplished without Government- owned industrial facilities being provided. This requirement for certification applies to new facilities or existing facilities and to extending the authorized period of use. The original of the certification shall be included in the contract file and copies retained in a central office for oversight review. The certification will be included in the request for approval to acquire facilities or to provide existing facilities.
(c) When determination is made that solicitations should include an offer to furnish existing Government facilities because adequate price competition cannot be otherwise obtained, the case will be fully documented to indicate the basis for such determination.
45.306(90) 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.
45.307-2 Acquiring special test equipment.
(b) Notice and approval. When the contracting officer receives notice of the contractor’s intent to acquire or fabricate special test equipment, the contracting officer will, before permitting contractor acquisition or fabrication of the equipment as special test equipment, obtain a written determination from a 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.
SUBPART 45.4 – CONTRACTOR USE AND RENTAL OF GOVERNMENT PROPERTY
45.407 Non-Government use of plant equipment.
(a)(i) Authority to approve non-Government use of metalworking machinery exceeding 25 percent is delegated to the heads of the contracting activities (HCAs) without power of redelegation. All other contracting offices for which the DLA Acquisition Deputy Director serves as HCA, shall forward requests for approval to DLA Acquisition J74.
SUBPART 45.6 – REPORTING, REDISTRIBUTION, AND DISPOSAL OF CONTRACTOR INVENTORY
45.608 Screening of contractor inventory.
(a) Approval to transfer Government property to a DLA contract must have appropriate justification. The justification will specify the consideration the Government will receive for transfer of the property. If there is no known use for the property under an existing contract, but there is adequate justification and approval for retention of the property, the property shall be transferred to a facilities contract or directly funded storage agreement. Approvals for transfer and the justification upon which it is based shall be placed in the file of the gaining contract/agreement. The approval must be at a level above the contracting officer. Property which does not meet this criteria for transfer to another contract will continue to be screened through the plant clearance process. For each item transferred, the contracting officer will include the following descriptive data in the contract to which the items are transferred:
Category of property (facilities, special tooling, special test equipment, material, and agency-peculiar property);
National stock number (NSN) and part number (P/N), or P/N if an NSN is not assigned;
Noun ;
Acquisition cost ;
Condition code ; and
Age, if known.
45.612-3 Special storage at the Government’s expense.
(b) Storage of Government property for which there is not a known contract requirement will be separately priced and directly funded by the DLA contracting activity or office benefiting from the storage. Storage will not be charged to indirect costs to be paid by the Government. Retention plans will be prepared for storage of inactive property. Retention plans will provide a detailed description of the property requiring storage, storage cost, location, planned period of storage, and source of funds for storage. Retention plans will be submitted to DLA Acquisition J74.
(S-90) The use of no cost or no direct cost storage agreements is prohibited. Individual contracting activities or offices justifying retention of the property are responsible for funding storage agreements. Consideration of storage costs should be included in retention and/or disposition decisions.