presentation to gsfc procurement mike showers may 6 2010 l.
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Presentation to GSFC Procurement Mike Showers May 6, 2010. CONTRACT PROPERTY. AGENDA. What is property Property in the contract “lifecycle” Preaward Award Administration Closeout. GOVERNMENT PROPERTY. WHAT IS PROPERTY?. PROPERTY. Contractor Owned. Government Owned. Part 45.

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agenda
AGENDA
  • What is property
  • Property in the contract “lifecycle”
    • Preaward
    • Award
    • Administration
    • Closeout
slide3

GOVERNMENT PROPERTY

WHAT IS PROPERTY?

PROPERTY

Contractor Owned

Government Owned

Part 45

Personal Property

Personal Property

Real Property

Real Property

Intangible Property

Intangible Property

personal property
PERSONAL PROPERTY

Material

Equipment

Special Tooling

Special Test

property life cycle
PROPERTY LIFE CYCLE

PLANNING

DISPOSING

ACQUIRING

MANAGING

contract property lifecycle
CONTRACT PROPERTY LIFECYCLE

PLANNING

DISPOSITION

SOLICITATION

MANAGEMENT

EVALUATION

AWARD

preaward
PREAWARD
  • Planning for property
  • Solicitation Preparation
  • Contractor’s Property System Evaluation
  • Providing Property With Award
planning
PLANNING
  • FAR Part 7
    • Include ALL Relevant Personnel
    • Consider ALL life cycle costs INCLUDING Disposition
    • Description of Supplies…
      • Federal Cataloging Requirement in Federal Property and Administrative Services Act (40 USC)
    • Identify Risks
      • Risk of performance from provided property
      • Risk of loss, damage or destruction of property
planning9
PLANNING
  • FAR Part 7
    • Government Furnished Property
      • Should be Government “provided” property
      • CO must consider policy in 45.102 and NFS 1845.102-70
  • NFS
    • Contract Administration Functions
      • Property Administration
      • Plant clearance
solicitation preparation
SOLICITATION PREPARATION
  • FAR Requirements
    • List of property to be offered
    • Description of evaluation procedures
      • List of rent free use
        • Other CO approvals
        • Dates and times available for use on instant contract
        • Amount of rent that would be charged otherwise
      • The Contractor’s proposed VCS or ILPS for management of Government property
      • Degree to which the language of contract needs to address use on multiple contracts
solicitation preparation11
SOLICITATION PREPARATION
  • NFS Requirements
    • IPO Review Required
      • For all Cost Reimbursement contracts
      • For on-site contracts over the simplified acquisition threshold
      • When existing GP is furnished
      • Property may be acquired and titled to Government under FAR property clause
    • IPO Reviews for
      • Correct clauses
      • Impact on center logistics and supply operations
      • Assure transactions take place as required
    • Center Public Affairs Office
      • Review for possible artifact significance (NFS clause)
solicitation provisions
SOLICITATION PROVISIONS
  • NFS 1852.245-80 Government Property Management Information
    • When GP is known or likely (Cost Reimbursement Contracts)
    • Use alternate when providing “as-is”
  • NFS 1852.245-81 List of Available GP
    • When GP will be made available for performance of a contract
use of far clauses
USE OF FAR CLAUSES
  • FAR 52.245-1
    • All cost contracts
    • Any Fixed Price Contract with GFP
  • FAR 52.245-2
    • On-site contracts where property will be furnished initially and it will not survive the life of the contract.
use of nfs clauses
USE OF NFS CLAUSES
  • 1852.245-70 Contractor Requests for Government-Provided Equipment
    • Cost contracts
    • Alternate for contractors with screening ability
  • 1852.245-71 IAGP
    • On-site contracts
    • Alternate for contractors with receiving activities
use of nfs clauses15
USE OF NFS CLAUSES
  • 1852.245-72 Liability for GP Furnished for Repair or Other Services
    • Fixed Price, Time and Material and Labor Hour contracts for repairs, mods and servicing of GP
  • 1852.245-73 Financial Reporting of GP in Custody of Contractors
    • All Cost type
    • All Fixed Price with GFP, Progress or Performance Payments
    • Not in IAGP Exclusive Contracts
use of nfs clauses16
USE OF NFS CLAUSES
  • 1852.245-74 Identification and Marking of GP
    • Any contract with FAR52.245-1
    • Any contract with deliverable supplies
  • 1852.245-75 Property Management Changes
    • Any contract with FAR Property clause or Progress Payments
use of nfs clauses17
USE OF NFS CLAUSES
  • 1852.245-76 List of GFP Pursuant to FAR 52.245-1
    • In contracts – not solicitations
    • Must be modified to add property furnished later in contract
  • 1852.245-77 List of GFP Pursuant to FAR 52.245-2
    • In contracts, not solicitations
    • No modification – initial provisioning only
  • 1852.245-78 Physical Inventory of Capital GP
    • Cost Reimbursement and Fixed Price with GP Provided
use of nfs clauses18
USE OF NFS CLAUSES
  • 1852.245-79 Records and Dispositon Reports for GP with Potential Historic or Significant Real Value
    • Consult Center Historic Preservation Officer
    • GP likely to have historic value or greater value at sale due to its NASA pedigree
proposal evaluation
PROPOSAL EVALUATION
  • FAR Evaluation Procedures
    • CO consider and adjust for unfair advantage associated with provision of property
    • Ensure that the contractors property management plans, practices, systems, etc. are consistent with the requirements of the solicitation
      • Property Clause FAR 52.245-1
      • NFS Clauses
      • Additional Center Requirements
  • IPO Review Required
    • Establish Responsibility (Minimum)
    • Selection evaluation when property management is critical to contract success
proposal evaluation20
PROPOSAL EVALUATION
  • NFS Evaluation Requirements
    • Establish responsibility of contractor related to property management
    • IPO Review of property management standards, practices, etc. prior to award
      • IPO may involve cognizant PA
        • Past performance
        • Difference from current practice/system
        • Risk evaluation
    • CO adjusts proposal to accommodate competitive impact from provision of property
    • CO charges rent as appropriate
    • CO requires correction of system/plan/practice/standard deficiencies prior to award
providing with award
PROVIDING WITH AWARD
  • Contractors should provide all property needed for performance
  • Providing includes
    • Property (not just equipment) “furnished” to a contractor
      • Property from preceeding contracts is furnished
      • Property transferred otherwise to a contractor is furnished
    • Property acquired and directly charged under cost type contracts or cost lines on fixed price contracts
award actions
AWARD ACTIONS
  • Process property transactions authorized in award
    • IPO works with CO, COTR, Contractor and NASA Equipment Management
    • Property transactions IAW PIC 05-07 (or NFS hopefully)
    • Full documentation and audit trail
    • Excess from any preceding contract processed
    • Equitable Adjustments for missing or non-functional property
  • Delegations put in place
    • Property Administration
    • Plant Clearance
    • All cost type contracts off site
    • Fixed price with GFP or cost line off site
administration actions
ADMINISTRATION ACTIONS
  • Enforcement of Property Administrator Determinations
    • Contractor system inadequate
    • Contractor Loss, Damage, Destruction or Theft Liability
  • Enforce submission of reports in accordance with NFS 1852.245-73
  • Decisions to provide additional equipment
  • Use of provided property on other contracts
post award provision
POST – AWARD PROVISION
  • COs should ask:
    • Is it in the Government’s Best Interest?
    • Is the increased cost of Admin OK?
      • DON’T FORGET PLANT CLEARANCE COSTS
    • Is the increased risk to the Government acceptable?
    • WHAT CONSIDERATION WILL WE RECEIVE?
closeout
CLOSEOUT
  • DO
    • Support the Plant Clearance Officer
  • DON’T
    • Close the contract until all property is used, transferred or dispositioned AND PA sends closeout
    • Agree to pay for contractor premises rehab associated with property
    • REQUIRE CONTRACTORS TO STORE PROPERTY PAST CONTRACT END