45.303 Use of Government property on independent research and development programs
Source: FAR 45.303 on acquisition.gov
Contractors may use Government property for IR&D only if it doesn't interfere with primary use, no rental is charged to the Government, and commercial use costs are properly deducted from Government claims.
Overview
FAR 45.303 outlines the conditions under which a contracting officer may authorize a contractor to use Government property for independent research and development (IR&D) programs. The regulation ensures that such use does not interfere with the property's primary Government purpose, prevents improper retention of Government property, and establishes financial safeguards to avoid double-charging the Government for property use. Contractors must agree not to seek reimbursement for the rental value of the property under any Government contract, and any rental charges related to commercial work must be deducted from claims for Government reimbursement of IR&D costs. This section is designed to maintain proper stewardship of Government property while supporting contractor innovation through IR&D.
The contracting officer may authorize a contractor to use the property on an independent research and development (IR&D) program, if-
(a) Such use will not conflict with the primary use of the property or enable the contractor to retain property that could otherwise be released;
(b) The contractor agrees not to claim reimbursement against any Government contract for the rental value of the property; and
(c) A rental charge for the portion of the contractor’s IR&D program cost allocated to commercial work is deducted from the claim for reimbursement of any agreed-upon Government share of the contractor’s IR&D costs.