45.201 Solicitation
Source: FAR 45.201 on acquisition.gov
FAR 45.201 requires solicitations anticipating Government-furnished property to include detailed listings and clear instructions, ensuring contractors understand their responsibilities for property use, costs, and management.
Overview
FAR 45.201 outlines the requirements for including Government-furnished property (GFP) in solicitations. It mandates that contracting officers provide a detailed listing of any GFP anticipated for use in the contract, specifying key identification and management details. The section also sets forth requirements for how contractors must account for and propose the use of GFP, including cost responsibilities, evaluation procedures, and property management practices. Additional instructions regarding property management not covered by standard clauses must be clearly stated in the contract or special provisions.
Key Rules
- Listing of Government Property in Solicitations
- Solicitations must include a detailed list of GFP, including name, part number, description, manufacturer, model, NSN, quantity, unit cost, unique identifier, and condition/instructions for inspection.
- Contractor Cost Responsibilities
- Contractors are responsible for all costs related to making GFP available for use, such as transportation and installation, unless otherwise specified.
- Evaluation Procedures and Offeror Submissions
- Solicitations must describe evaluation procedures and require offerors to submit detailed information on proposed GFP use, including accountable contracts, usage periods, rent calculations, and property management systems.
- Additional Property Management Instructions
- Any requirements not covered by FAR 52.245-1 must be explicitly addressed in the contract or special provisions.
Responsibilities
- Contracting Officers: Must include comprehensive GFP listings and evaluation procedures in solicitations, and specify any additional property management instructions.
- Contractors: Must provide detailed information on proposed GFP use, bear associated costs, and describe their property management systems.
- Agencies: Ensure solicitations and contracts comply with GFP requirements and oversight.
Practical Implications
- Ensures transparency and accountability in the use of GFP.
- Helps contractors understand their obligations and cost responsibilities upfront.
- Reduces disputes over property use and management during contract performance.
- Common pitfalls include incomplete GFP listings or insufficient detail in contractor submissions.
(a) The contracting officer shall insert a listing of the Government property to be offered in all solicitations where Government-furnished property is anticipated (see 45.102). The listing shall include at a minimum-
(1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and management, and disposition);
(2) Quantity/unit of measure;
(3) Unit acquisition cost;
(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking and management); and
(5) A statement as to whether the property is to be furnished in an "as-is" condition and instructions for physical inspection.
(b) When Government property is offered for use in a competitive acquisition, solicitations should specify that the contractor is responsible for all costs related to making the property available for use, such as payment of all transportation, installation or rehabilitation costs.
(c) The solicitation shall describe the evaluation procedures to be followed, including rental charges or equivalents and other costs or savings to be evaluated, and shall require all offerors to submit the following information with their offers-
(1) A list or description of all Government property that the offeror or its subcontractors propose to use on a rent-free basis. The list shall identify the accountable contract under which the property is held and the authorization for its use (from the contracting officer having cognizance of the property);
(2) The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amounts of the respective uses in sufficient detail to support prorating the rent;
(3) The amount of rent that would otherwise be charged in accordance with FAR 52.245-9, Use and Charges; and
(4) A description of the offeror's property management system, plan, and any customary commercial practices, voluntary consensus standards, or industry-leading practices and standards to be used by the offeror in managing Government property.
(d) Any additional instructions to the contractor regarding property management, accountability, and use, not addressed in FAR clause 52.245-1, Government Property, should be specifically addressed in the statement of work on the contract providing property or in a special provision.