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  • Question

    Is a signed letter to the contractor, and provided in the accountable contract file legally sufficient, or does there need to be a mod to all contracts involved? The GFP is accountable to only one contract.


    Answer

    Yes, a letter signed by the cognizant Contracting Officer for the contract to which the property is accountable and the Contracting Officers for each of the contracts that the property will be used on is sufficient.  There is no requirement to modify all of the contracts involved to authorize use.  A copy of the letter should be placed in each of the contract files. 
     
    References:

    FAR 45.301 Use and Rental
      (e) The cognizant contracting officer(s) may authorize the use of Government property on   a rent-free basis on a cost type Government contract other than the contract to which it is accountable.

    FAR 52.245-1(c) Government Property--Use of Government property.
    (1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

    FAR 52.245-9
      (b) Use and Charges--Use of Government property. The Contractor may use the   Government property without charge in the performance of—
      (1) Contracts with the Government that specifically authorize such use without charge;
      (2) Subcontracts of any tier under Government prime contracts if the Contracting   Officer having cognizance of the prime contract—
      (i) Approves a subcontract specifically authorizing such use; or
      (ii) Otherwise authorizes such use in writing; and
      (3) Other work, if the Contracting Officer specifically authorizes in writing use   without charge for such work.

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