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  • Question

    Attempting to get a read if the Gov/Mil personnel are allowed to utilize GFP. Contractor has purchased and installed a VOIP solution, some of this GFP VOIP phones are on desks of Gov/Mil personnel. CTR states per DCMA they can't track the phones as GFP if it's in use by GOV/MIL.


    Answer

    The terms and conditions of the contract dictate what the contractor has to track. If there is something in the contract that can be interpreted in a way that reflects that the intent is for the contractor to provide maintenance, repair, or any type of service of the phones, then the expectation may be that the contractor is to track the phones. It is suggested that you contact counsel for any contract ambiguities that may exists.

    By definition, Government-furnished property is provided to the contractor for performance of the contract (FAR 45.101). When the contract requires contractor personnel to be located on a Government site or installation, items such as the VOIP phones, are typically designated as Government property incidental to the place of performance (FAR 45.000(b)(5)) in lieu of being provided as GFP. Accountability remains with the Government when items are identified as such. Government property incidental to the place of performance is managed per DoD Instruction 5000.64 and FAR part 45 does not apply to that property. Therefore, the VOIP phones would not be covered under the Government property clause of FAR 52.245-1. Providing such items as Government property incidental to the place of performance can also reduce the Government’s administrative burden of establishing accountable property records (APRs) for items that DODI 5000.64 doesn’t require them for as long as they aren’t provided to a third part (e.g., a contractor). DoD Components must establish and maintain accountability records for Government property of any value furnished to contractors as GFP classified as equipment, special tooling, and special test equipment.  

    How the VOIP phones were acquired should also be taken into consideration. If the contractor acquired the phones and are entitled to be reimbursed as a direct item of cost under the contract, title is passes to and vests in the Government upon vendor delivery (for more on title see FAR 52.245-1(e). In this scenario, the VOIP phones would be “contractor-acquired property” as defined in FAR 45.101, which means that the property must be tracked and managed by the contractor per the Government property clause until it is delivered to the Government under a line item of the contract.

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