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requested overtime will be used f
together with present workload,
staffing,
and other data of the affected unit sufficient to permit the
Contracting Officer to evaluate the necessity for the overtime;
(2)
Demonstrate the effect that denial of the request will have on the
contract delivery or performance schedule;
(3)
Identify the extent to which approval of overtime would affect the
performance or payments
in connection with other Government contracts,
together with identification of each affected contract;
and
(4)
Provide reasons why the required work cannot be performed by using
multishift operations or by employing additional personnel.
(End of clause)
1.7 52.245-5
GOVERNMENT PROPERTY
(COST-REIMBURSEMENT,
TIME-AND-MATERIAL, OR
LABOR-HOUR CONTRACTS)
(JAN 1986)
(a) Government-furnished property.
(1)
The term "Contractor's managerial personnel,”
as used
in paragraph
(g)
of this clause, means any of the Contractor's directors,
officers,
managers,
superintendents,
or equivalent representatives who have
supervision or direction of
(i)
All or substantially all of the Contractor's business;
(ii)
All or substantially all
of the Contractor's operation at any
one plant,
or separate location at which the contract
is being
performed;
or
(iii) A separate and complete major industrial operation connected
with performing this contract.
(2)
The Government shall deliver to the Contractor,
for use in
connection with and under the terms of this contract,
the
Government-furnished property described in the Schedule or
specifications,
together with such related data and information as the
Contractor may request and as may be reasonably required for the intended
use of the property
(hereinafter referred to as "Government-furnished
/
property"
)
.
(3)
The delivery or performance dates
for this contract are based
upon the expectation that Government-furnished property suitable for use
will be delivered to the Contractor at the timeB stated
in the Schedule
or,
if not so stated,
in sufficient time to enable the Contractor to meet
the contract's delivery or performance dates.
(4)
If Government-furnished property
is received by the Contractor
in
a condition not suitable for the intended use,
the Contractor shall,
upon
receipt,
notify the Contracting Officer,
detailing the facts,
and,
as
directed by the Contracting Officer and at Government expense,
either
effect repairs or modification or return or otherwise dispose of the
property.
After completing the directed action and upon written request
of the Contractor,
the Contracting Officer shall make an equitable
adjustment as provided in paragraph
(h)
of this clause.
(5)
If Government-furnished property
is not delivered to the Contractor
by the required time or times,
the Contracting Officer shall,
upon the
Contractor's timely written request,
make a determination of the delay,
if any,
caused the Contractor and shall make an equitable adjustment
in
accordance with paragraph
(h)
of this clause.
(b)
Changes
in Government-furnished property.
(1)
The Contracting
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Officer may,, by written notice,
(i)
decrease the Government-furnished
property provided or to be provided under this contract or
(ii)
substitute other Government-furnished property for the property to be
provided by the Government or to be acquired by the Contractor for the
Government under this contract.
The Contractor shall promptly take such
action as the Contracting Officer may direct regarding the removal,
shipment,
or disposal of the property covered by this notice.
(2)
Upon the Contractor's written request,
the Contracting Officer
shall make an equitable adjustment to the contract
in accordance with
paragraph
(h)
of this clause,
if the Government has agreed in the
Schedule to make such property available for performing this contract and
there
is any
(i)
Decrease or substitution in this property pursuant to
subparagraph
(b)(1)
above;
or
(ii)
Withdrawal of authority to use property,
if provided under any
other contract or lease.
(c)
Title.
(1)
The Government shall retain title tb all Government-
furnished property.
(2)
Title to all property purchased by the Contractor for which the
Contractor
is entitled to be reimbursed as
a direct
item of cost under
this contract shall pass to and vest in the Government upon the vendor's
delivery of such property.
(3)
Title to all other property,
the cost of which
is reimbursable to
the Contractor,
shall pass to and vest
in the Government upon
(i)
Issuance of the property for use in contract performance;
(ii)
Commencement of processing of the property or use
in contract
performance;
or
(iii)
Reimbursement of the cost of the property by the Government,
whichever occurs first.
(4) All Government-furnished property and all property acquired by
the Contractor,
title to which vests
in the Government under this
paragraph
(collectively referred to as "Government property"),
are
subject to the provisions of this clause.
Title to Government property
shall not be affected by its incorporation into or attachment to any
property not owned by the Government,
nor shall Government property
become
a fixture or lose
its identity as personal property by being
attached to any real property.
(d)
Use of Government property.
The Government property shall be used
only for performing this contract,
unless otherwise provided in this
contract or approved by the Contracting Officer.
(e)
Property administration.
(1)
The Contractor shall be responsible and
accountable for all Government property provided under the contract and
shall comply with Federal Acquisition Regulation
(FAR)
Subpart 45.5,
as
in
effect on the date of this contract.
(2)
The Contractor shall establish and maintain a program for the use,
maintenance,
repair,
protection,
and preservation of Government property
in accordance with sound business practice and the applicable provisions
of FAR Subpart
45.5.
(3)
If damage occurs to Government property,
the risk of which has been
assumed by the Government under this contract,
the Government shall
replace the items or the Contractor shall make such repairs as the
Government directs.
However,
if the Contractor cannot effect such
repairs within the time required,
the Contractor
shall* dispose of the
property as directed by the Contracting Officer.
When any property for
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which the government
is responsible
is replaced or repaired ,
the
Contracting Officer shall make an equitable adjustment in accordance with
paragraph
(h)
of this clause.
(f)
Access.
The Government and all
its designees shall have access at
all reasonable times to the premises in which any Government property is
located for the purpose of inspecting the Government property.
(g) Limited risk of
loss.
(1)
The Contractor shall not be liable for
loss or destruction of,
or damage to,
the Government property provided
under this contract or for expenses incidental to such loss,
destruction,
or damage,
except as provided in subparagraphs
(2)
and
(3)
below.
(2)
The Contractor shall be responsible for loss or destruction of,
or
damage to,
the Government property provided under this contract
(including expenses incidental to such
loss,
destruction,
or damage)
(i)
That results from a risk expressly required to be insured under
this contract,
but only to the extent of the insurance required to be
purchased and maintained or to the extent of insurance actually
purchased and maintained, whichever is greater;
'
(ii)
That results from
a risk that
is
in fact covered by insurance or
for which the Contractor
is otherwise reimbursed,
but only to the
extent of such insurance or reimbursement;
(iii)
For which the Contractor
is otherwise responsible under the
express terms of this contract;
(iv)
That results from willful misconduct or lack of good faith on
the part of the Contractor's managerial personnel;
or
(v)
That results from
a failure on the part of the Contractor,
due to
willful misconduct or lack of good faith on the part of the
Contractor's managerial personnel,
to establish and administer
a
program or system for the control,
use,
protection,
preservation,
maintenance,
and repair of Government property as required by paragraph
(e)
of this clause.
(3)
(i)
If the Contractor fails to act
as provided by subdivision
(g) (2) (v)
above,
after being notified
(by certified mail addressed to one
of the Contractor's managerial personnel)
of the Government's
disapproval,
withdrawal of approval,
or nonacceptance of the system or"
program,
it shall be conclusively presumed that such failure was due to
willful misconduct or lack of good faith on the part of the Contractor's
managerial personnel.
(ii)
In such event,
any loss or destruction of,
or damage to,
the
Government property shall be presumed to have resulted from such
failure unless the Contractor can establish by clear and convincing
evidence that such
loss,
destruction,
or damage
(A)
Did not result from the Contractor's failure to maintain an
approved program or system;
or
(B)
Occurred while an approved program or system was maintained by
the Contractor.
(4)
If the Contractor transfers Government property to the possession
and control of
a subcontractor,
the transfer shall not affect the
liability of the Contractor for loss or destruction of,
or damage to,
the
property as
set forth above.
However,
the Contractor shall require the
subcontractor to assume the risk of,
and be responsible for,
any loss or
destruction of,
or deunage to,
the property while in the subcontractor's
possession or control,
except to the extent that the subcontract,
with
the advance approval of the Contracting Officer,
relieves the
subcontractor from such liability.
In the absence of such approval,
the
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subcontract shall contain appropriate provisions requiring the return of
all Government property in as good condition as when received,
except for
reasonable wear and tear or for its use in accordance with the provisions
of the prime contract.
(5) Upon loss or destruction of,
or damage to. Government property
provided under this contract,
the Contractor shall so notify the
Contracting Officer and shall communicate with the loss and salvage
organization,
if any,
designated by the Contracting Officer.
With the
assistance of any such organization,
the Contractor shall take all
reasonable action to protect the Government property from further damage,
separate the damaged and undamaged Government property,
put all the
affected Government property in the best possible order,
and furnish to
the Contracting Officer a statement of
(i)
The lost,
destroyed,
or damaged Government property;
<ii)
The time and origin of the loss,
destruction,
or damage?
(iii)
All known interests in commingled property of which the
Government property is a part;
and
(iv)
The insurance,
if any,
covering any part of or interest
in such
commingled property.
(6)
The Contractor shall repair,
renovate,
and take such other action
with respect to damaged Government property as the Contracting Officer
directs.
If the Government property is destroyed or damaged beyond
practical repair ,
or
is damaged and so commingled or combined with
property of others
(including the Contractor's) that separation is
impractical,
the Contractor may,
with the approval of and subject to
any conditions imposed by the Contracting Officer,
sell
such property for
the account of the Government.
Such sales may be made
in order to
minimize the loss to the Government, to permit the resumption of
’
business,
or to accomplish
a similar purpose.
The Contractor shall be
entitled to an equitable adjustment
in the contract price for the
expenditures made
in performing the obligations under this subparagraph
(g)(6)
in accordance with paragraph
(h)
of this clause.
However,
the
Government may directly reimburse the loss and salvage organization for
any of their charges.
The Contracting Officer shall give due regard tb
the Contractor's liability under this paragraph
(g) when making any such
equitable adjustment.
(7)
The Contractor shall not be reimbursed
for,
and shall not include
as an item of overhead,
the cost of insurance or of any reserve covering
^isk of loss or destruction of,
or damage to,
Government property,
except
to the extent that the Government may have expressly required the
Contractor to carry such insurance under another provision of this
contract
.
(8)
In the event the Contractor is reimbursed or otherwise compensated
for any loss or destruction of,
or damage to.
Government property,
the
Contractor shall use the proceeds to repair,
renovate,
or replace the
lost,
destroyed,
or damaged Government property or shall otherwise credit
the proceeds to,
or equitably reimburse,
the Government,
as directed by
the Contracting Officer.
(9)
The Contractor shall do nothing to prejudice the Government's
rights to recover against third parties for any loss or destruction of,
or damage to. Government property.
Upon the request of the Contracting
Officer,
the Contractor shall,
at the Government's expense,
furnish to
the Government all reasonable assistance and cooperation
(including the
prosecution of suit and the execution of instruments of assignment
in
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