[Code of Federal Regulations] [Title 48, Volume 1] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 48CFR45] [Page 813-814] TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM CHAPTER 1--FEDERAL ACQUISITION REGULATION PART 45--GOVERNMENT PROPERTY--Table of Contents Subpart 45.3--Providing Government Property to Contractors 45.302-1 Policy. (a) Contractors shall furnish all facilities required for performing Government contracts except as provided in this subsection. Government facilities provided to contractors shall be individually identified in the solicitation, if possible, and contract. Agencies shall not furnish facilities to contractors for any purpose, including restoration, replacement, or modernization, except as follows: (1) For use in a Government-owned, contractor-operated plant operated on a cost-plus-fee basis. (2) For support of industrial preparedness programs. (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 written statement asserting inability to obtain facilities, the agency head or designeee issues a Determination and Finding (see subpart 1.7) that the contract cannot be fulfilled by any other practical means or that it is in the public interest to provide the facilities. (i) If the contractor's inability to provide facilities is due to insufficient lead time, the Government may provide existing facilities until the contractor's facilities can be installed. (ii) Mere assertion by a contractor that it is unable to provide facilities is not, in itself, sufficient to justify approval. Appropriate Government officials must determine that providing Government facilities is justified. (iii) The determination shall include findings that private financing of the facilities was sought but not available or that private financing was determined not advantageous to the Government. The determination shall also state that the contract cannot be accomplished without Government facilities being provided. (iv) The original determination shall be included in the contract file. (v) No determination is required when the facilities are provided as components of special tooling or special test equipment acquired or fabricated at Government expense. (5) As otherwise authorized by law or regulation. (b) Agencies shall not-- (1) Furnish new facilities to contractors unless existing Government-owned facilities are either inadequate or cannot be economically furnished; (2) Use research and development funds to provide contractors with new [[Page 814]] construction or improvements of general utility, unless authorized by law; or (3) Provide facilities to contractors solely for non-Government use, unless authorized by law. (c) Competitive solicitations shall not include an offer by the Government to provide new facilities, nor shall solicitations offer to furnish existing Government facilities that must be moved into a contractor's plant, unless adequate price competition cannot be otherwise obtained. Such solicitations shall require contractors to identify the Government-owned facilities desired to be moved into their plants. (d) Government facilities with a unit cost of less than $10,000 shall not be provided to contractors unless-- (1) The contractor is a nonprofit institution of higher education or other nonprofit organization whose primary purpose is the conduct of scientific research; (2) A contractor is operating a Government-owned plant on a cost- plus-fee basis; (3) A contractor is performing on a Government establishment or installation; (4) A contractor is performing under a contract specifying that it may acquire or fabricate special tooling, special test equipment, and components thereof subsequent to obtaining the approval of the contracting officer; or (5) The facilities are unavailable from other than Government sources. [48 FR 42392, Sept. 19, 1983, as amended at 54 FR 34756, Aug. 21, 1989]