Hello and thank you for joining us for Episode 23 of Fun with the FAR Season 10! Our next session will cover FAR Part 45 (Government Property), Part 46 (Quality Assurance) & Part 47 (Transportation). As we prepare for our 24th episode of Season 10, here are a few FAR Facts for us to think about:
- As a general rule, contractors are ordinarily required to furnish all property necessary to perform Government contracts. A contractor’s inability or unwillingness to supply its own resources is not sufficient reason for the furnishing or acquisition of Government property. FAR 45.102.
- Prime contractors which provide Government property to subcontractors are not relieved of their responsibility to the Government for that property under the terms of the prime contract. That is, liability for such property remains with the prime and does not pass to the subcontractor, even though the subcontractor is the one currently using the property. FAR 45.104.
- Under cost reimbursement, time and materials and labor hour contracts, goods or services will be “deemed accepted” if not rejected by the Government within 60 days of the date of delivery of the supply or service. See 246-3(e) (cost reimbursement) and 52.246-6(e) (time and materials/labor hour).
- If express warranties are included in a contract (except for commercial item contracts) all implied warranties of merchantability and fitness for a particular purpose are negated and not enforceable. FAR 46.706(b)(1)(iii).
- For shipments within CONUS, solicitations shall provide that offerors may propose f.o.b. origin or f.o.b. destination shipping terms. FAR 47.304-2.
- Unless there are valid reasons to the contrary, acquisition of supplies originating within CONUS for ultimate delivery to destinations outside CONUS shall be made on the basis of f.o.b. origin. FAR 47.304-3.