Anybody who is involved with government contracting has to be mindful of the sharp teeth of G. L. Christian and Associates v. United States (a.k.a. the Christian Doctrine). The U.S. Court of Federal Claims, in its 1963 decision, makes it clear that the FAR and its supplements are the law.
Just because some specific line from the FAR or its supplements is not included in your contract, doesn’t mean it’s not in force. DFARS Case 2015-D035, codified in 2019, requires that all government property, no matter the acquisition cost, be compliant with FAR 52.245-1.
Objections by the National Defense Industrial Association (NDIA) and others that compliance would be prohibitively expensive or difficult to implement are just plain wrong.
My Property ID Registry (CAGE 8C6M3) makes compliance a snap for mom & pop government contractors and for tiny defense subcontractors. Consider ordering a sample for review.
…the acquisition cost of individual items of firearms, body armor, night-vision equipment, computers, or cryptologic devices may be below the [simplified acquisition threshold], but the accountability requirements for these items are fairly stringent. Omission of the Government property clause in purchase orders for repairs of these types of items increases the risk of misuse or loss of the property and could call into dispute their ownership. To address this accountability gap, DoD is proposing to amend DFARS 245.107(1)(i) to require the use of FAR clause 52.245–1, Government Property, in all purchase orders for repair, maintenance, overhaul, or modification of Government property regardless of the unit acquisition cost of the items to be repaired. The rule also facilitates compliance with DoD Instruction 4161.02 entitled ‘‘Accountability and Management of Government Contract Property,’’ which requires DoD components to use electronic transactions when transferring Government property to a contractor and upon return of property to DoD. Use of FAR clause 52.245–1, in conjunction with the following associated DFARS clauses, creates an electronic end-to-end process for GFP management—
• 252.245–7001, Tagging, Labeling,
and Marking of Government-Furnished Property;
• 252.245–7002, Reporting Loss of Government Property;
• 252.245–7003, Contractor Property Management System Administration; and
• 252.211–7007, Reporting of Government-Furnished Property.
The objective of this rule is to strengthen the management and accountability of GFP. This rule proposes to amend DFARS 245.107 by requiring that FAR clause 52.245–1, Government Property, be incorporated in all DoD purchase orders involving repair, maintenance, overhaul, or modification of Government property, regardless of the unit acquisition cost of the Government property to be repaired.