45.104  Responsibility and liability for Government property.

FAC 2005–45 OCTOBER 1, 2010

FAC 2005–43 AUGUST 2, 2010

(a)  Generally, contractors are not held liable for loss, theft, damage or destruction of Government property under the following types of contracts:

(1)  Cost-reimbursement contracts.

(2)  Time-and-material contracts.

(3)  Labor-hour contracts.

(4)  Fixed-price contracts awarded on the basis of submission of certified cost or pricing data.

(b)  The contracting officer may revoke the Government's assumption of risk when the property administrator determines that the contractor's property management practices are inadequate and/or present an undue risk to the Government.

(c)  A prime contractor that provides Government property to a subcontractor shall not be relieved of any responsibility to the Government that the prime contractor may have under the terms of the prime contract.