2: Support Solicitation

PURPOSE:

Appropriately submit property clauses for solicitation to establish Government and contractor responsibilities.

DETAILED GUIDANCE AND POLICY:

• Description of property-related warranties and limitations of liability: FAR 52.245-1
  • What Government warrants regarding delivery: FAR 52.245-1(d)
  • When Government has title to property: FAR 52.245-1(e)
  • Contractor responsibilities: FAR 52.245-1(f)
• Guidelines for incorporating property clauses and alternates into a solicitation FAR 45.107, Contract Clauses
  • When to use Alternate 1: FAR 45.107(a)(2)
  • When to use Alternate 2: FAR 45.107(a)(3)
  • Format for creating the contract property account for each item of Government-furnished or contractor-acquired property: PGI 245.103-70

OVERVIEW OF GOVERNMENT TASKS:

0. Ask contracting officer (CO) to identify contract type (fixed-price or cost-reimbursement)
0. Use contract type to determine what warranties apply and when the Government will take title to property
0. Prepare list of property Government will provide
   • Identify any property that should be provided as-is in solicitation
   • Identify any property provided on a non-interference basis

0. Articulate the contractor’s limitation of liability in the pre-award discussions to ensure that the contractor understands the Government’s self-insurance policy
0. Determine whether Alternate I applies (such as when the contract is not one of the types listed in FAR 45.104, Responsibility and liability for Government property). Specifically, Alternate 1 applies if
   • Contract type does not appear on list at 45.104(a)
   • OR when CO revokes Government’s assumption of risk due to undue risk, IAW 45.104(b)
   • OR when property is provided to a subcontractor IAW 45.104(c)

0. Identify any installation operation services property that meets the criteria in FAR 45.107(b)
0. Incorporate property clauses and alternates into solicitation

OTHER RESOURCES:

• Contract Formation Questionnaire to help evaluate appropriateness of contract clauses

Disclaimer: The information contained in this resource should not be construed as official guidance. This job aid is a work in progress. Please submit suggestions to GovProperty@DAU.mil for how this tool can better support your performance.