45.000 Scope of part
Source: FAR 45.000 on acquisition.gov
FAR 45.000 clarifies when Government property management rules apply to contractors and lists key exclusions to prevent misapplication of Part 45.
Overview
FAR 45.000 defines the scope of Part 45, which establishes the policies and procedures for the provision, management, use, reporting, redistribution, and disposal of Government property furnished to contractors. It clarifies what is covered under Part 45 and explicitly lists several exclusions, such as property provided under statutory leasing authorities (with a specific exception), property acquired by the Government solely through certain types of payments, disposal of real property, software and intellectual property, and property incidental to the place of performance (e.g., office furniture and equipment at a Government site).
Key Rules
- Coverage of Government Property
- Part 45 applies to the management and use of Government property by contractors, including reporting and disposal of contractor inventory.
- Exclusions from Scope
- The part does not apply to property under statutory leasing, property acquired solely through certain payments, real property disposal, software/intellectual property, or incidental property at Government sites.
Responsibilities
- Contracting Officers: Must determine if Part 45 applies to the property involved in a contract and ensure proper clauses and procedures are followed.
- Contractors: Must comply with Part 45 requirements when Government property is provided, except for the listed exclusions.
- Agencies: Oversee compliance and ensure property management aligns with FAR requirements.
Practical Implications
- This section helps contracting professionals quickly determine whether Part 45 applies to their situation, preventing misapplication of property management rules.
- Understanding the exclusions is critical to avoid unnecessary compliance efforts and to ensure proper handling of Government property.
(a) This part prescribes policies and procedures for providing Government property to contractors; contractors’ management and use of Government property; and reporting, redistributing, and disposing of contractor inventory.
(b) It does not apply to-
(1) Government property provided under any statutory leasing authority, except as to non-Government use of property under 45.301(f);
(2) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance based payments;
(3) Disposal of real property;
(4) Software and intellectual property; or
(5) Government property that is incidental to the place of performance, when the contract requires contractor personnel to be located on a Government site or installation, and when the property used by the contractor within the location remains accountable to the Government. Items considered to be incidental to the place of performance include, for example, office space, desks, chairs, telephones, computers, and fax machines.