Part 45 - Government Property (2024)

As used in this part-

Cannibalize means to remove parts from Government property for use or for installation on other Government property.

Contractor-acquired property means property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

Contractor inventory means-

(1) Any property acquired by and in the possession of a contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

Contractor’s managerial personnel means the contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the contractor’s business;

(2) All or substantially all of the contractor’s operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

Demilitarization means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.

Discrepancies incident to shipment means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property means all property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Loss of Government property means unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to-

(1) Items that cannot be found after a reasonable search;

(2) Theft;

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

Material means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, special test equipment or real property.

Nonseverable means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.

Precious metals means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

Production scrap means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.

Property means all tangible property, both real and personal.

Property Administrator means an authorized representative of the contracting officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

Property records means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

Provide means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

Real property See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

Unit acquisition cost means-

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

Part 45 - Government Property (2024)

FAQs

What is considered government property? ›

Government property consists of land or assets owned by federal, state, or local governments and may also include government agencies or government-sponsored organizations such as libraries or parks.

What is the difference between contractor acquired property and Government furnished property? ›

Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract. Government property means all property owned or leased by the Government.

What does the government property policy at far 45.102 attempt to reduce? ›

The Government Property policy at FAR 45.102 attempts to reduce the Government's risk when providing property to the contractor.

What is a Government furnished property? ›

Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract.

What is an example of a government owned property? ›

Public property refers to property owned by the government (or its agency), rather than by a private individual or a company. It belongs to the public at large. Examples include many parks, streets, sidewalks, libraries, schools, playgrounds that are used regularly by the general public.

What are the two types of property according to the state and federal government? ›

Real property generally includes land, houses and unextracted natural resources. Personal property includes both tangible and intangible goods such as clothing and financial holdings. The differences between real property and personal property can matter in estate planning.

How can I buy a US government property? ›

You can purchase surplus government property through GSA AuctionsSM. The site offers the general public the chance to bid electronically on federal assets. All registered participants can bid on a single item or multiple items (lots) within specified time frames.

When the government provides government property to a contractor? ›

Government Furnished Property (GFP) – is defined as property in the possession of or acquired by the Government and subsequently furnished to the Contractor for performance of a contract.

Are laptops considered government furnished property? ›

A1: Yes, laptops and other Government property and equipment may be provided to contractor personnel to facilitate performance offsite. Property furnished by the Government to use in the performance of a contract is Government-Furnished Property (GFP).

Why can the government take private property? ›

Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

What are the only exceptions to final acceptance? ›

EXCEPTIONS TO FINAL ACCEPTANCE: LATENT DEFECTS, FRAUD & GROSS MISTAKES AMOUNTING TO FRAUD.

Who is ultimately responsible for contract administration? ›

Ultimately, the administration of a contract is the responsibility of the contracting officer who is the only person who may modify the contract or take action to enter into or change a contractual commitment on behalf of the U.S. Government.

What is allowed use of Government furnished equipment? ›

Explanation: The allowed use of government furnished equipment (GFE) typically adheres to strict guidelines set forth by the providing agency or institution. Generally, GFE should be used for official business related to the functions and duties of the government position for which the equipment has been provided.

What is far Government furnished material? ›

Government-furnished property means prop- erty in the possession of, or directly acquired by, the Government and subsequently fur- nished to the Contractor for performance of a contract. Government property means all property owned or leased by the Government.

Are military personnel considered Government property? ›

No, just government employees. If we were government property, we would be thrown away or sold, instead of retired or discharged. And, killing a soldier or sailor (in a domestic dispute or a bar fight, for example) would only be 'destruction of government property', not 'Murder'.

What are government assets? ›

What are Government Fixed Assets? Buildings, roads, military equipment, and software are examples of government assets that may be fixed assets, or used repeatedly for a year or more. Statistics for state and local governments combined and for the U.S. government include the age and value of assets.

What are considered government devices? ›

State-issued or state-owned devices refer to electronic devices, such as computers, tablets, or smartphones, that are provided by a government agency to its employees or officials for official use.

What is land owned by the government called? ›

Federal lands are publicly owned lands in the United States managed by the federal government. Pursuant to the Property Clause of the United States Constitution (Article 4, section 3, clause 2), Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them.

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