[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR752.245-71]



[Page 65]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 752_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 752.2_Texts of Provisions and Clauses

 

Sec. 752.245-71  Title to and care of property.



    As prescribed in 745.106(a), the following clause shall be included 

in all contracts when the contractor will acquire property under the 

contract for use overseas and the contract funds were obligated under a 

Strategic Objective agreement (or similar agreement) with the 

cooperating country.



                Title to and Care of Property (APR 1984)



    (a) Title to all non-expendable property purchased with contract 

funds under this contract and used in the Cooperating Country, shall at 

all times be in the name of the Cooperating Government, or such public 

or private agency as the Cooperating Government may designate, unless 

title to specified types or classes of non-expendable property is 

reserved to USAID under provisions set forth in the schedule of this 

contract; but all such property shall be under the custody and control 

of Contractor until the owner of title directs otherwise, or completion 

of work under this contract or its termination, at which time custody 

and control shall be turned over to the owner of title or disposed of in 

accordance with its instructions. All performance guaranties and 

warranties obtained from suppliers shall be taken in the name of the 

title owner. (Non-expendable property is property which is complete in 

itself, does not lose its identity or become a component part of another 

article when put into use; is durable, with an expected service life of 

two years or more; and which has a unit cost of $500 of more.)

    (b) Contractor shall prepare and establish a program, to be approved 

by the Mission, for the receipt, use, maintenance, protection, custody, 

and care of non-expendable property for which it has custodial 

responsibility, including the establishment of reasonable controls to 

enforce such program.

    (c)(1) For non-expendable property to which title is reserved to the 

U.S. Government under provisions set forth in the schedule of this 

contract, Contractor shall submit an annual report on all non-expendable 

property under its custody as required in the clause of this contract 

entitled ``Government Property''.

    (2) For non-expendable property titled to the Cooperating 

Government, the Contractor shall, within 90 days after completion of 

this contract, or at such other date as may be fixed by the Contracting 

Officer, submit an inventory schedule covering all items of non-

expendable property under its custody, which have not been consumed in 

the performance of this contract. The Contractor shall also indicate 

what disposition has been made of such property.



[49 FR 13259, Apr. 3, 1984, as amended at 62 FR 40470, July 29, 1997; 64 

FR 5009, Feb. 2, 1999]