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section45.401

Title to Government-furnished property

Overview

This section establishes that the Government maintains ownership of all property it provides to a contractor and specifies that leased items furnished by the Government are subject to standard government property clauses.

Key Rules

  • Retention of Title: The Government retains legal title to all Government-furnished property (GFP) throughout the life of the contract.
  • Disposal Requirement: Title only transfers or ceases when the property is disposed of through specific methods authorized by law or regulation.
  • Leased Property: Property leased by the Government and provided to a contractor is formally classified as GFP and is governed by FAR clause 52.245-1.

Practical Implications

  • Contractors must maintain rigorous accounting and tracking systems for GFP, as they have no ownership rights and cannot dispose of the property without explicit Government authorization.
  • Contractors are held to the same liability and reporting standards for leased equipment provided by the Government as they are for Government-owned assets.

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