FAR -- Part 51 Use of Government Sources by Contractors

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FAR -- Part 51
Use of Government Sources by Contractors

(FAC 2005-73)
(29 May 2014)

51.000 -- Scope of Part.

This part prescribes policies and procedures for the use by contractors of Government supply sources and interagency fleet management system (IFMS) vehicles and related services.

Subpart 51.1 -- Contractor Use of Government Supply Sources

51.100 -- Scope of Subpart.

This subpart prescribes policies and procedures for the use of Government supply sources (see 51.102(c)) by contractors. In this subpart, the terms “contractors” and “contracts” include “subcontractors’’ and “subcontracts.”

Class Deviation- 2013-O0012- Class Deviation-Authorization for Contractors to Use Government Supply Sources in Support of Operation Enduring Freedom.

DARS Tracking Number: 2013-00012

MEMORANDUM FOR COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)

SUBJECT: Class Deviation-Authorization for Contractors to Use Government Supply Sources in Support of Operation Enduring Freedom.

This class deviation supersedes Class Deviation 2013-00001, dated October 12, 2012.

Effective immediately, contracting officers are encouraged to authorize contractors (including contractors with fixed-price contracts) to utilize appropriate Government sources of supply in performance of contracts in support of Operation Enduring Freedom. Appropriate Government sources of supply include-

This policy constitutes a deviation from the policy at FAR 51.101, which restricts the use of Government supply sources in other than cost-reimbursement contracts.

Contracting officers may modify existing contracts to include FAR 52.251-1 and DFARS 252.251-7000, in order to permit the use of Government supply sources. Both DLA and GSA local sourcing items can currently be accessed via MILSTRIP requisitioning only, which will necessitate the assignment of a Department of Defense Activity Address Code (DODAAC) by the Department of Defense contracting officer (DFARS PGI 251.102). Contracting officers shall comply with the requirements of FAR 51.102 and DFARS 251.102 when providing this authorization to contractors.

This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded. My point of contact is Ms. Kyoung Lee, who may be reached at 571-256-2947, or at Kyoung.Lee@osd.mil.

51.101 -- Policy.

(a) If it is in the Government’s interest, and if supplies or services required in the performance of a Government contract are available from Government supply sources, contracting officers may authorize contractors to use these sources in performing --

(b) Contractors with fixed-price Government contracts that require protection of security classified information may acquire security equipment through GSA sources (see 41 CFR 101-26.507).

(c) Contracting officers shall authorize contractors purchasing supply items for Government use that are available from the Committee for Purchase from People Who Are Blind or Severely Disabled (see Subpart 8.7) to purchase such items from the Defense Logistics Agency (DLA), the General Services Administration (GSA), and the Department of Veterans Affairs (VA) if they are available from these agencies through their distribution facilities. Mandatory supplies that are not available from DLA/GSA/VA shall be ordered through the appropriate central nonprofit agency (see 52.208-9(c)).

51.102 -- Authorization to Use Government Supply Sources.

(a) Before issuing an authorization to a contractor to use Government supply sources in accordance with 51.101(a) or (b), the contracting officer shall place in the contract file a written finding supporting issuance of the authorization. A written finding is not required when authorizing use of Government supply sources in accordance with 51.101(c). Except for findings under 51.101(a)(3), the determination shall be based on, but not limited to, considerations of the following factors:

(b) Authorizations to subcontractors shall be issued through, and with the approval of, the contractor.

(c) Upon deciding to authorize a contractor to use Government supply sources, the contracting officer shall request, in writing, as applicable --

(d) Each request made under paragraph (c) of this section shall contain --

(e) In each authorization to the contractor, the contracting officer --

(f) After issuing the authorization, the authorizing agency shall be responsible for --

51.103 -- Ordering From Government Supply Sources.

(a) Contractors placing orders under Federal Supply Schedules shall follow the terms of the applicable schedule and authorization and include with each order --

51.104 -- Furnishing Assistance to Contractors.

After receiving an activity address code, the contracting officer will notify the appropriate GSA regional office or military activity, which will contact the contractor and --

(a) Provide initial copies of ordering information and instructions; and

(b) When necessary, assist the contractor in preparing and submitting, as appropriate --

51.105 -- Payment for Shipments.

GSA, DoD, and VA will not forward bills to contractors for supplies ordered from Government stock until after the supplies have been shipped. Receipt of billing is sufficient evidence to establish contractor liability and to provide a basis for payment. Contracting officers should direct their contractors to make payment promptly upon receipt of billings.

51.106 -- Title.

(a) Title to all property acquired by the contractor under the contracting officer’s authorization shall vest in the parties as provided in the contract, unless specifically provided for otherwise.

(b) If contracts are with educational institutions and the Government Property clause at 52.245-1, Alternate II, is used, title to property having a unit acquisition cost of less than $5,000 shall vest in the contractor as provided in the clause. Agencies may provide higher thresholds, if appropriate.

51.107 -- Contract Clause.

The contracting officer shall insert the clause at 52.251-1, Government Supply Sources, in solicitations and contracts when the contracting officer authorizes the contractor to acquire supplies or services from a Government supply source.

Subpart 51.2 -- Contractor Use of Interagency Fleet Management System (IFMS) Vehicles

51.200 -- Scope of Subpart.

This subpart prescribes policies and procedures for the use by contractors of interagency fleet management system (IFMS) vehicles and related services. In this subpart, the terms “contractors” and “contracts” include “subcontractors” and “subcontracts” (see 45.102.).

51.201 -- Policy.

(a) If it is in the Government’s interest, the contracting officer may authorize cost-reimbursement contractors to obtain, for official purposes only, interagency fleet management system (IFMS) vehicles and related services, including --

(b) Complete rebuilding of major components of contractor-owned or -leased equipment requires the approval of the contracting officer in each instance.

(c) Government contractors shall not be authorized to obtain interagency fleet management system (IFMS) vehicles and related services for use in performance of any contract other than a cost-reimbursement contract, except as otherwise specifically approved by the Administrator of the General Services Administration at the request of the agency involved.

51.202 -- Authorization.

(a) The contracting officer may authorize a cost-reimbursement contractor to obtain interagency fleet management system (IFMS) vehicles and related services, if the contracting officer has --

(b) The authorization shall --

(c) Authorizations to subcontractors shall be issued through, and with the approval of, the contractor.

(d) Contracting officers authorizing contractor use of interagency fleet management system (IFMS) vehicles and related services subject their agencies to the responsibilities and liabilities provided in 41 CFR 101-39.4 regarding accidents and claims.

51.203 -- Means of Obtaining Service.

(a) Authorized contractors shall submit requests for interagency fleet management system (IFMS) vehicles and related services in writing to the appropriate GSA regional Federal Supply Service Bureau, Attention: Regional fleet manager, except that requests for more than five vehicles shall be submitted to:

(b) Contractors requesting unusual quantities of vehicles should do so as far in advance as possible to facilitate availability.

51.204 -- Use of Interagency Fleet Management System (IFMS) Vehicles and Related Services.

Contractors authorized to use interagency fleet management system (IFMS) vehicles and related services shall comply with the requirements of 41 CFR 101-39 and 41 CFR 101-38.301-1 and the operator’s packet furnished with each vehicle. See 41 CFR 101-6.4 for additional guidance for home-to-work use of Government vehicles.

51.205 -- Contract Clause.

The contracting officer shall insert the clause at 52.251-2, Interagency Fleet Management System (IFMS) Vehicles and Related Services, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contracting officer may authorize the contractor to use interagency fleet management system (IFMS) vehicles and related services.


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