48 C.F.R. § 52.245-2

52.245-2 Government Property Installation Operation Services.

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As prescribed in 45.107(b), insert the following clause:

Government Property Installation Operation Services (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

(End of clause) [72 FR 27390, May 15, 2007, as amended at 75 FR 38683, July 2, 2010; 77 FR 12946, Mar. 2, 2012]

Notes of Decisions

Cited in 3 cases, 1993–2005 · leading case: Tecom, Inc. v. United States, 66 Fed. Cl. 736 (Fed. Cl. 2005).

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Tecom, Inc. v. United States, 66 Fed. Cl. 736 (Fed. Cl. 2005). “1 at 35; 48 C.F.R. § 52.245-2 (a)(3) (1996). Therefore, since the fleet at contract turn-over required thousands of hours of backlog maintenance, Pl.”

Tel-Instrument Elec. Corp. v. United States, 56 Fed. Cl. 174 (Fed. Cl. 2003). “, 48 C.F.R. § 52.245-2 (a)-2(k). An agency must include such clauses in solicitations for contracts that involve government-furnished equipment.”

Alliant Techsystems, Inc. v. United States Dep't of the Navy, 837 F. Supp. 730 (E.D. Va. 1993). · cites it 6× “Responsibility for the repair, replacement, and refurbishment of GPRP is governed by 48 C.F.R. § 52.245-2 , which regulates the treatment of government property under fixed-price contracts.”

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