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  • Question

    Can you please provide any additional information/guidance on this issue?


    Answer

    Information from the question submitter revealed it was a “Policy” office who said the computers were incidental and therefore FAR 52.245-1 did not need to be in the solicitation and resulting contract.  I will just make the assumption the policy office based this on the fact the USAF Class Deviation which has not been rescinded yet defines it as such.

    Rationale: FAR 45.000(b)(5) is specific when it says in part “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…” bold added for emphasis.

    In conclusion: When the follow-on contract is awarded (anticipated for July 2021) and the requirement is contractor employees are still required to work from home; as long as the class deviation has not been rescinded, the government property clause will not be required.  If it has been rescinded, it is our opinion the GFP clause would be required and the contract modified to include it and follow the DFARS PGI to add the property.  An individual class deviation could be considered but that is beyond the scope of this question.

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