Is there a form or process that will allow the Govt. issue equipment and requires the contractor to sign for equipment on a temporary basis to support a mission?
Question Title: Govt Property
Question: Is there a form or process that will allow the Govt. issue equipment and requires the contractor to sign for equipment on a temporary basis to support a mission?
Question Background: We have short missions where Contractors support and are not accompanied by a Govt. Employee and must be issued Govt. equipment. There is not enough equipment to allow for GFE. We have been told DD Form 2162 Hand Receipt is only for Military and DA Civilians.
A: The following response is based solely on the question and background information provided. As we do not have the entire facts particular to your contract, program, and situation, we suggest you discuss with your contracting team, program manager and/or legal department as appropriate.
The answer is your questions concerning hand receipting Government property to a contractor is NO, which agrees with the advice that you have been given. Among other references, this policy is in the Army Regulation 710–2, Section X, 2.61 b. (3) (excerpts):
- Hand receipt holders for the property being used by a contractor must be a DOD employee or employees.
- … Hand receipting and lateral transferring of material, equipment, or supplies to contractors are prohibited.
The next issue is if the items are Government property under FAR Part 45. The only probable exception would be if the items are property incidental to place of performance. This type of property is discussed at FAR 45.000 (b):
(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.
Referencing your statement, “There is not enough equipment to allow for GFE,” there is no FAR or DFARS exceptions based on the quantity of property provided.