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section18.126

Contractor rent-free use of Government property

Overview

This section identifies a specific exemption from rental charges for contractors using Government-owned production and research property under programs approved by the Federal Emergency Management Agency (FEMA).

Key Rules

  • Exemption from Rent: Standard rental requirements do not apply to specific items of Government production and research property.
  • FEMA Approval: The property must be part of a general program formally approved by the Federal Emergency Management Agency.
  • Compliance with FAR 45.301: To qualify for rent-free use, the property and the program must meet the specific criteria and definitions cross-referenced in FAR 45.301.

Practical Implications

  • Contractors participating in FEMA-sanctioned emergency or research programs can reduce overhead costs by utilizing Government property without the financial burden of rental fees.
  • Contracting officers must verify that the property use aligns with FAR 45.301 and FEMA program guidelines to ensure the rental waiver is legally applicable.

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