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Section 5452.245-9001: Evaluation of Use of Government Furnished Property

As prescribed in 45.106(90) insert the following provision:

EVALUATION OF USE OF GOVERNMENT FURNISHED PROPERTY (Jan 2007) - DLAD

(a) The term "Government Property", as used in this clause, shall be synonymous with the term "Government Furnished Property", as defined in FAR 45.101.

(b) Government property to the extent, if any, itemized below is offered for use without charge in performance under the item(s) with which it is identified. The offeror shall identify in its offer which, if any, of the items under this solicitation is offered by it on the basis of the Government making available without charge any of the listed Government property, and the period of use, in months, said property is to be made available to the offeror in performance of an awarded contract.

        FOR EVALUATION PURPOSES

        ITEM NO.

        IDENTIFICATION OF GOVERNMENT PROPERTY

        PRESENT LOCATION

        ACQUISITION COST

        RATE

        Period of Use

                   

        (c) The Government property to be furnished in accordance with this clause shall be delivered by the Government within ____ days after the effective date of the award/contract at a point specified in accordance with FAR 52.247-55 “F.0.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY." The offeror is requested to specify in the space below, by item, the F.O.B. Point for the delivery of the Government furnished property that will be used in contract performance.

        FOR EVALUATION PURPOSES

         

        F.O.B. POINT

        Private Rail Siding

        ITEM NO.

        (cite name, street address, city, state and zip code)

        Yes (State name of rail carrier)

        No (State name and address of nearest public rail siding and carrier)

               

        (d) If, in performance of any contract resulting from this solicitation, the offeror intends to use any Government owned property, such use shall be a factor in evaluating the offer and awarding the contract in accordance with Federal Acquisition Regulation (FAR) Part 45, Subpart 45.2, in order to avoid any competitive advantage that might accrue to a Contractor possessing Government property. Once the Contracting Officer determines the necessity, this is done by either:

            (1) Newly Furnished GFP: adjusting the offers of those contractors by applying, for evaluation purposes only, a rental equivalent evaluation factor, or by charging the Contractor rent for using the property. In evaluating offers, the contracting officer shall also consider any costs or savings to the Government related to providing such property, regardless of any competitive advantage that may result (see FAR 45.202-3). Computation of the rent charge or the rental equivalent evaluation factor will be made in accordance with the clause at FAR 52.245-9, “USE AND CHARGES”.

            (2) Existing GFP (Any offeror who desires to use Government property in its possession or for which it is an authorized user, or in the possession of its subcontractor or for which its subcontractor is an authorized user):

              a. Offeror shall furnish a copy of the written permission of the Contracting Officer having cognizance of the property for use of such facilities or tooling to include a statement as to whether or not rental will be charged for such use and the amount of monthly rent which would be charged for such use but for any rent-free use permission.

              b. If use is to be rent free, the offeror must provide the rent computed as provided by the contract or, in the absence of a contractual rate, by the clause set forth in FAR 52.245-9 entitled "Use and Charges", which the Government will use as an evaluation factor pursuant to FAR Subpart 45.2 in evaluating the offer. If use of the Government property is permitted, the offeror must:

              i. List or describe the Government property;

              ii. Identify the contract or other instrument under which the Government property is held and the date contract/instrument is to expire.

              iii. State the number of months during which the Government property will be used; and with respect to any such Government property which will be used concurrently in the performance of two or more contracts, state the amounts of the respective uses in sufficient detail to support the proration of rent between work resulting from an award under this solicitation and such other work.

        (e) The following list of known Subcontractors, if any, possessing Government Property which, in the past or currently, has been authorized for use in manufacturing components or parts of the items to be procured is set forth below.

        FOR EVALUATION PURPOSES

        ITEM NO.

        IDENTIFICATION OF GOVERNMENT PROPERTY

        PRESENT LOCATION (Including name of Subcontractor)

             

        (f) In the event any Subcontractor desiring to use Government property on a no-charge basis refused to quote to any prospective Prime Contractor, the Government reserves the right to:

            1) Refuse to authorize the Subcontractor's use of such property; or

            2) Evaluate 100 percent of the acquisition cost of said Government property against the bid of the Prime Contractor proposing to use such Subcontractor.

        (End of Provision)




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