[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR37.304]



[Page 763-764]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 37_SERVICE CONTRACTING--Table of Contents

 

    Subpart 37.3_Dismantling, Demolition, or Removal of Improvements

 

Sec. 37.304  Contract clauses.



    (a) The contracting officer shall insert the clause at 52.237-4, 

Payment by Government to Contractor, in solicitations and contracts 

solely for dismantling, demolition, or removal of improvements whenever 

the contracting officer determines that the Government shall make 

payment to the contractor in addition to any title to property that the 

contractor may receive under the contract. If the contracting officer 

determines that all material resulting from the dismantling or 

demolition work is to be retained by the Government, use the basic 

clause with its Alternate I.

    (b) The contracting officer shall insert the clause at 52.237-5, 

Payment by



[[Page 764]]



Contractor to Government in solicitations and contracts for dismantling, 

demolition, or removal of improvements whenever the contractor is to 

receive title to dismantled or demolished property and a net amount of 

compensation is due to the Government, except if the contracting officer 

determines that it would be advantageous to the Government for the 

contractor to pay in increments and the government to transfer title to 

the contractor for increments of property only upon receipt of those 

payments.

    (c) The contracting officer shall insert the clause at 52.237-6, 

Incremental Payment by Contractor to Government, in solicitations and 

contracts for dismantling, demolition, or removal of improvements if (1) 

the contractor is to receive title to dismantled or demolished property 

and a net amount of compensation is due the Government, and (2) the 

contracting officer determines that it would be advantageous to the 

Government for the contractor to pay in increments, and for the 

Government to transfer title to the contractor for increments of 

property only upon receipt of those payments. This determination may be 

appropriate, for example, if it encourages greater competition or 

participation of small business concerns.