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2 - Support Solicitation

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Pre-Award stage

Development through Deployment stage

Sustainment/Disposal stage

  1. Assist in Construction of a Business Case for Property
  2. Support Solicitation
  3. Support Source Selection
    

PURPOSE:

Appropriately submit property clauses for solicitation to establish Government and contractor responsibilities.

DETAILED GUIDANCE AND POLICY:

  • Description of property-related warranties and limitations of liability: FAR 52.245-1
    • What Government warrants regarding delivery: FAR 52.245-1(d)
    • When Government has title to property: FAR 52.245-1(e)
    • Contractor responsibilities: FAR 52.245-1(f)
  • Guidelines for incorporating property clauses and alternates into a solicitation FAR 45.107, Contract Clauses
    • When to use Alternate 1: FAR 45.107(a)(2)
    • When to use Alternate 2: FAR 45.107(a)(3)
    • Format for creating the contract property account for each item of Government-furnished or contractor-acquired property: PGI 245.103-70

OVERVIEW OF GOVERNMENT TASKS:

  1. Ask contracting officer (CO) to identify contract type (fixed-price or cost-reimbursement)
  2. Use contract type to determine what warranties apply and when the Government will take title to property
  3. Prepare list of property Government will provide
    • Identify any property that should be provided as-is in solicitation
    • Identify any property provided on a non-interference basis
  1. Articulate the contractor’s limitation of liability in the pre-award discussions to ensure that the contractor understands the Government’s self-insurance policy
  2. Determine whether Alternate I applies (such as when the contract is not one of the types listed in FAR 45.104, Responsibility and liability for Government property). Specifically, Alternate 1 applies if
    • Contract type does not appear on list at 45.104(a)
    • OR when CO revokes Government’s assumption of risk due to undue risk, IAW 45.104(b)
    • OR when property is provided to a subcontractor IAW 45.104(c)
  1. Identify any installation operation services property that meets the criteria in FAR 45.107(b)
  2. Incorporate property clauses and alternates into solicitation

OTHER RESOURCES:

Disclaimer: The information contained in this resource should not be construed as official guidance. This job aid is a work in progress. Please submit suggestions to GovProperty@DAU.mil for how this tool can better support your performance.

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