48 C.F.R. § 45.402

45.402 Title to contractor-acquired property.

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(a) Title vests in the Government for all property acquired or fabricated by the contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed-price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the contractor retains title to all property acquired by the contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property.

(b) Under cost type and time-and-material contracts, the Government acquires title to all property to which the contractor is entitled to reimbursement, in accordance with paragraph (e)(3) of clause 52.245-1.

[72 FR 27385, May 15, 2007, as amended at 75 FR 38680, July 2, 2010]

Notes of Decisions

Cited in 1 case, 2014–2014 · leading case: Mentis El Paso, LLP v. Health Care Service Corp.

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Mentis El Paso, LLP v. Health Care Service Corp. (2014) W.D. Tex. “See 48 C.F.R. § 45.402 (b). . Because Mentis’ claims would undoubtedly interfere with the public administration of the Plan, the court finds this lends even greater support for a finding of sovereign immunity.”

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