Government Property

Purpose

To provide or acquire government property, which is defined as assets owned by, leased by, or purchased under contract by a contractor using government funds.

Procedure

There are two types of government property. The government owns government-furnished property and makes it available to a contractor. A contractor acquires or provides contractor-acquired property. Contractors and subcontractors are liable for government property unless stated otherwise in a contract. Contractors ordinarily furnish facilities and property necessary to perform a contract.

Contracting officers and project officers jointly decide, with input from an NIH property administrator, whether to provide contractors or subcontractors government property.

Only contracting officers can authorize a contractor to purchase property. Before award, this authorization is part of a contract. After award, contracting officers determine whether to use a contract modification or a contracting officer's authorization. Whether pre-award or post-award, the authorization process is the same.

Offerors or Contractors

• If you need government property, request it in your proposal, or during contract performance send your request to the contracting officer.
• Provide a written justification, including a statement of how the purchase relates to fulfilling the work statement, whether there are funds in the contract for it, and cost quotes from at least three vendors.
• Provide statement indicating why property will not be provided by contractor.
• Provide information on allocation of cost and use if shared equipment.
• Include all property on the contractor's annual property inventory.

Project Officers

• Review property requests and send recommendation of approval or disapproval to contracting officers.
• At least three months before contracts expire, give input to contracting officers on instructing contractors how to dispose of property, ensuring maximum practical reutilization.

Contracting Officers

• Review property requests and forward them to project officers to determine need.
• If project officers recommend approval and contract funds are available, prepare and sign a determination and findings to provide non-expendable equipment and forward it to a property administrator in the NIH Property Management Division. Property administrators determine whether property is available and forward signed "screening certifications" to contracting officers.
• If the government purchases facilities, prepare a Determination and Findings to Provide Nonexpendable Equipment to Contractor.
• After receiving screening certifications, authorize purchase by either including the property in a contract, preparing and signing a contracting officer's authorization on form NIH 2321, or executing a contract modification.
• Obtain and review annual property inventory to ensure all items have been added and updated. File inventory in the official contract file.
• Put contractor requests, determination and findings with signed screening certification, and contracting officer's authorization or contract modification in the official contract file.
• At least three months before contracts expire, instruct contractors how to dispose of property and document files accordingly, ensuring maximum practical reutilization of government property.

Contacts

See the Office of Acquisitions staff listing for the appropriate contract specialist.

If you have knowledge to share or want more information on this topic, email deaweb@niaid.nih.gov with the title of this page or its URL and your question or comment. Thanks for helping us clarify and expand our knowledge base.

Links

Determination and Findings to Provide Nonexpendable Equipment to Contractor

FAR Part 45, Government Property

NIH Manual 26101-25-2, Personal Property Management Guide

SF-30, Amendment of Solicitation/Modification of Contract

Contract Closeout SOP

Contract Modifications SOP

Contracting Officer SOP

Project Officer SOP