Does the contracting file for CPAF BOS Service Contract require
documentation that addresses each of the requirements of FAR 45.102.
Nothing specifically exempts cost-reimbursable contracts from PGI 245.103-70. This PGI provides the framework for ensuring the all requirements for furnishing GFP are considered and documented and the Government cost and risk are not increased. Without reference to contract type, FAR 45.102(d) and PGI 245.103-70(1) only exempts property provided under contracts for repair, maintenance, overhaul, or modification from FAR 45.102(b) requirement to clearly demonstrate the provision of property—
· To be in the Government’s best interest;
· That the overall benefit to the acquisition significantly outweighs the increased cost of administration, including ultimate property disposal;
· That providing the property does not substantially increase the Government’s assumption of risk; AND
· That Government requirements cannot otherwise be met.
The PGI 245.103-70 requirement for any decision to provide Government property be documented by the requiring activity and for the contracting officer to ensure that each of the requirements of FAR 45.102 are addressed, applies only to Government-furnished property (GFP). This requirement is tied to FAR Part 7 -- Acquisition Planning. FAR Part 7.105(b)(15) requires the acquisition planner to indicate any Government-furnished property to be provided to contractors and discuss any associated considerations, such as the required criteria identified in provided in FAR 45.102, in the written acquisition plan. As indicated in FAR 7.105(b)(15) and PGI 245.103-70(1) acquisition planning IS the decision point as to whether or not to furnish property to contractors. Whether GFP will be scheduled or requisitioned should be included in the considerations discussed in the written acquisition plan. The Navy also has to comply with SECNAVINST 5200.43 Government Furnished Property Accountability and Management (13 July 2018). The instruction states that it is SECNAV policy to require written justification by the requiring activity whenever a determination is made to provide GFP, whether pre-award/solicitation or post contract award via modification.
There is always the potential for CAP whenever a cost type contract is selected. See FAR 52.245-1(e) for information pertaining to title of CAP. PGI 245.402-71 provides instructions relative to the delivery and acceptance of CAP, and providing the delivered property as GFP under other contracts. The AAP answer at https://www.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=5&cgiQuestionID=103340 might also be helpful.
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