If a contract states that an item will be provided for the contractors use and accountability will remain with the govmt, can the government agency issuing the contract keep the property on a government hand receipt and let the contractor use the property?
The responsibility of the Accountable Property Officer or "PBO" to maintain an auditable Accountable Property System of Record (APSR) for the owning command's property isn't affected by a contractor's temporary possession. The APSR requirement remains until relieved by the appropriate chain of command.
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FAR 45 doesn't require any specific written form to document the transfer of stewardship responsibility, so a DD1149 or a "hand receipt" with the correct data elements can support the transaction. After the CO has complied with FAR 45, the property can be provided and the government property contract clause (FAR 52.245-1) provides terms for use.
The Government retains an APSR for the entire life of property in compliance with DoDI 5000.64; the
contractor simultaneously creates a stewardship record for the duration of his stewardship to comply with FAR 52.245-1.
BTW: Legal advice should be sought if liability is any concern, because the employee who signs the hand receipt may be affected by the contract's limited risk of loss provisions.
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Disclaimer: The information contained in this AAP response represents only the views of the presenter. The information presented should not be construed as changing any regulatory guidance or the term(s) of any contract. Also, the information presented has no direct impact on any property management system analysis.