Can a contractor sign an 1149 on behalf of the government to document custody transfer of government assets between government entities?
The DD Form 1149 is a multi-purpose form used to document various transactions. Since there are no official instructions for this form, DoD Components have established their own uses and instructions (formal and informal) for the form. Whatever the case, the DD Form 1149 only documents transactions. It does not authorize transactions. One instance where it may be acceptable for the Contractor to sign the DD Form 1149 is if the Contractor is performing under a contractor logistics support contract that requires the Contractor to perform shipping and other logistics related responsibilities on behalf of the Government. Contractor logistics responsibilities should be documented within the Performance Work Statement (PWS). Perhaps the Contractor personnel are concerned that by signing the form it would appear that they are authorizing the transfer of custody between DoD commands. If that is the case it is strongly suggested that Block 9 – Authority or Purpose be used to document the source that authorizes shipping and custody transfer. The DD Form 1149 would be supporting documentation of the transaction and could be used by the Accountable Property Officer to update the Accountable Property Systems of Record. Keep in mind that DoD Instruction 5000.64 Section 4.8 states that transfers of custody and accountability should be accomplished electronically when practicable. It also identifies acceptable methods. Since the Contractor questions the legality of signing the DD Form 1149 it is recommend that you speak with your legal counsel for direction if you cannot find the answer within the PWS.
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