[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: 48CFR45]



[Page 831-832]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 45_GOVERNMENT PROPERTY--Table of Contents

 

                          Subpart 45.1_General

 

45.106  Government property clauses.



    This section prescribes the principal Government property clauses. 

Other clauses pertaining to Government property are prescribed in 

subpart 45.3.



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    (a) The contracting officer shall insert the clause at 52.245-1, 

Property Records, in solicitations and contracts when the conditions in 

45.105(b) exist and the Government maintains the Government's official 

Government property records.

    (b)(1) The contracting officer shall insert the clause at 52.245-2, 

Government Property (Fixed-Price Contracts), in solicitations and 

contracts when a fixed-price contract is contemplated, except as 

provided in paragraphs (d) and (e) below.

    (2) If the contract is--

    (i) A negotiated fixed-price contract for which prices are not based 

on an exception at 15.403-1; or

    (ii) A fixed-price service contract which is performed primarily on 

a Government installation, provided the contracting officer determines 

it to be in the best interest of the Government (see 45.103(b)(4)), the 

contracting officer shall use the clause with its Alternate I.

    (3) If the contract is for the conduct of basic or applied research 

at nonprofit institutions of higher education or at nonprofit 

organizations whose primary purpose is the conduct of scientific 

research (see 35.014), the contracting officer shall use the clause with 

its Alternate II.

    (c) The contracting officer shall insert the clause at 52.245-3, 

Identification of Government-Furnished Property, in addition to the 

clause at 52.245-2, Government Property (Fixed-Price Contracts), in 

solicitations and contracts when a fixed-price construction contract is 

contemplated under which the Government is to furnish Government 

property f.o.b. railroad cars at a specified destination or f.o.b. truck 

at the project site. The contract Schedule shall specify the point of 

delivery and may include special terms and conditions covering 

installation, preparation for operation, or equipment testing by the 

Government or by another contractor.

    (d) The contracting officer may insert the clause at 52.245-4, 

Government-Furnished Property (Short Form), in solicitations and 

contracts when a fixed-price, time-and-material, or labor-hour contract 

is contemplated and the acquisition cost of all Government-furnished 

property to be involved in the contract is $100,000 or less; unless a 

contract with an educational or nonprofit organization is contemplated.

    (e) When the cost of the item to be repaired does not exceed the 

simplified acquisition threshold, purchase orders for property repair 

need not include a Government property clause.

    (f)(1) The contracting officer shall insert the clause at 52.245-5, 

Government Property (Cost-Reimbursement, Time-and-Material, or Labor-

Hour Contracts), in solicitations and contracts when a cost-

reimbursement, time-and-material, or labor-hour contract is 

contemplated, except as provided in paragraph (d) above.

    (2) If the contract is for the conduct of basic or applied research 

at nonprofit institutions of higher education or at nonprofit 

organizations whose primary purpose is the conduct of scientific 

research (see 35.014), the contracting officer shall use the clause with 

its Alternate I.

    (g) The contracting officer shall insert the clause at 52.245-6, 

Liability for Government Property (Demolition Services), in addition to 

the clauses prescribed at 37.304, in solicitations and contracts for 

dismantling, demolition, or removal of improvements.

    (h)(1) Insert the clause at 52.245-9, Use and Charges--

    (i) In fixed-price or labor-hour solicitations and contracts under 

which the Government will furnish property for performance of the 

contract;

    (ii) In all cost-reimbursement and time-and-materials solicitations 

and contracts; and

    (iii) In solicitations and contracts when a consolidated facilities 

contract or a facilities use contract is contemplated.

    (2) The contracting officer may modify the clause if an alternative 

rental methodology is used in accordance with 45.403.



[48 FR 42392, Sept. 19, 1983, as amended at 53 FR 663, Jan. 11, 1988; 57 

FR 60588, Dec. 21, 1992; 60 FR 34760, July 3, 1995; 60 FR 48218, Sept. 

18, 1995; 61 FR 39190, July 26, 1996; 62 FR 51271, Sept. 30, 1997; 70 FR 

43584, July 27, 2005]



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