FAR PART 45 • Under this FAR, contractors are required to maintain property management systems that establish the contractor’s processes for receiving, safeguarding, and disposing of Government Property.
FAR PART 45 • Sets forth Policy and Procedures for Providing Government Property (GP) • Definitions peculiar to GP – 45.101 • Policy on Providing – 45.102 • Contractor PMS Compliance – 45.105 • Contract Clauses for GP – 45.107 • Solicitation & Evaluation Procedures re: GP – 45.2 • Use and Rental of GP – 45.3 • Title to GP – 45.4 • Support Property Administration for GP – 45.5 • Reporting, Reutilization and Disposal of GP – 45.6
What is Government Property? • “all property owned or leased by the government…[and] includes both Government-furnished property and contractor-acquired property.” • Real Property • Equipment • Special Tooling • Special Test Equipment • Repairables • Material
CONTRACT- ACQUIRED PROPERTY • “property acquired, fabricated, or otherwise provided by the contractor for performing a contract, and to which the Government has title.”
GOVERNMENT- FURNISHED PROPERTY • “property in the possession of, or directly acquired by, the Government and subsequently furnished to the contract for performance of a contract”.
PROPERTY RECORDS • “the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government Property.” • Such records are to be appropriately safeguarded and retained for four years
45.105 Contractor’s Property Management System Compliance • a) “The agency responsible for contract administration shall conduct an analysis of the contractor’s property management policies, procedures, practices, and system • b) The property administrator shall notify the contractor in writing when the contractor’s property management system does not comply with contractual requirements, and shall request prompt correction of deficiencies…” Failure to take corrective action may result in: • Revocation of the Government’s assumption of risk • Other rights and remedies available to the Contracting Officer
Property Records – Contractor’s Responsibility “Contractors shall develop property management plans and systems, at the contract, program, site or entity level that reflect their efforts to obtain best value” • Acquisition • Receipt • Records • Physical Inventory • Sub-contractor control • Reports • Utilization • Maintenance • Contract close-out
PROPERTY PLAN • Description of System to Manage Property • Outcomes • Standards Implemented • E2279-03 Standard Practice for Establishing the Guiding Principles of Property Management • E2221-02 Standard Practice for Administrative Control of Property • E2452-05 Standard Practice for Equipment Management Process Maturity (EMPM) Model • Self Assessment • Property Covered • Company Property; Customer Property; All Property
FAR 52.245-1Applicability of the Property Clause • All cost-reimbursement, time and material, and labor hour type solicitations and contracts • All fixed-price solicitations and contracts when the Government will provide Government Property (e.g. FP contract awarded on the basis of submission of cost or pricing data) • All Contracts or modifications awarded under FAR Part 12 procedures where Government Property that exceeds the simplified acquisition threshold
FAR 52.245-1 Alternate Clauses • ALTERNATE I: used in contracts with adequate price competition, i.e., Fixed Price. • Different liability provision. For such contracts, the contractor is liable for loss, damage, destruction, theft • Contractor not responsible for normal wear and tear or consumption in performing the contract • Government position is that it has already paid for any insurance required by the award – any additional coverage for loss, damage, destruction, or theft would require • ALTERNATE II: used in contracts involving basic or applied research at non profit institutions of higher education or non profit organizations involved in scientific research • Provides Vesting of TITLE to Contractor Acquired Property in the Non-Profit
FAR 52.245-2 Government Property Installations Operation Services • Used in service contracts to be performed on a Government installation when Government-Furnished property will be provided • This Clause provides for the initial provisioning of property; the Government is not responsible for repair or replacement • Property provided “as-is”
FAR 52.245-9 USE AND CHARGES • Describes the amount of rent that will be charged for use of government property. • Removes the term “equipment” and substitutes it with “plant equipment” • Personal property of a capital nature, including equipment, machine tools, test equipment, furniture and vehicles. • Special tooling and Special Test Equipment are not included
SOLICITATION REQUIREMENTS AND EVALUATION • The contracting officer shall insert a listing of the Government property [available] to be offered in all solicitations where Government-furnished property is anticipated (see FAR 45.102).
SOLICITATION REQUIREMENTS AND EVALUATION • FAR 45.201 – Solicitation The solicitation shall include…(c) (4) The voluntary consensus standard or industry leading practices and standards to be used in the management of Government property, or existing property managementplans, methods, practices, or procedures for accounting for property. • FAR 45.202 – Evaluation procedures • The contracting officer shall ensure the offeror’sproperty management plans, methods, practices, or procedures for accounting for property are consistent with the requirements of the solicitation.
42.302(a)(26) through (30) • (26) Perform property administration (see Part 45). • (27) [Reserved] • (28) Perform necessary screening, redistribution, and disposal of contractor inventory. • (29) Issue contract modifications requiring the contractor to provide packing, crating, and handling services on excess Government property. When the ACO determines it to be in the Government’s interests, the services may be secured from a contractor other than the contractor in possession of the property.
42.302(a)(26) through (30) • (30) When contractors request Government property— (i) Evaluate the contractor’s requests for Government property and for changes to existing Government property and provide appropriate recommendations to the contracting officer; (ii) Ensure required screening of Government property before acquisition by the contractor; (iii) Approve use of Government property on a noninterference basis in accordance with the clause at 52.245-9, Use and Charges; (iv) Ensure payment by the contractor of any rental due; and (v) Ensure reporting of items no longer needed for Government production.
DISPOSAL OF GOVERNMENT PROPERTY • Contractor, for GP, is required to: • PREPARE FOR SHIPMENT • DELIVER FOB ORIGIN • Government MAY have to Pay for the Disposal of GP That May: • Be Hazardous • Require Demilitarization • Exceed Contractually Authorized PROCESSING TIME (120 Days) (Yes, the Government may have to PAY!)
DO Ensure That The GP Clause Is In The Contract (When Applicable) • DOEnsure the PROPER LISTING of GFP • Furnished WITH Government Warranties • Furnished “AS IS” • Furnished under FAR 52.245-2 • Do Contact The Appropriate Government Property Administrator If You Have Technical Questions About GP! • DO Mod The Contract When Adding Or Decreasing GP