Concentrated training on the information and skills needed by contractor and Government personnel to effectively use and manage Government furnished property and the keys to resolving property-related disputes and claims. Includes point-by-point training on:

• The authority to furnish property.
• Categories of property.
• Competitive advantage issues.
• Liability for late or defective property.
• Contractor obligations
• Government responsibilities.
• Pricing claims and adjustments related to GFP.
  ... and more.

The Federal Government supplies billions of dollars’ worth of Government-furnished property (GFP) to contractors for use in performing contracts. Government property generally falls into one of several categories: (1) material; (2) special tooling; (3) test equipment; (4) property designed for military operations; and (5) facilities used for production, maintenance, research, development, or test purposes. Further, Government property can take the form of data or information required for contract performance.

Regardless of the situation, important rights and obligations—both for the Government and the contractor—come into play when Government property is involved. And, the potential is created for a wide variety of contract disputes. Who, for example, is responsible when late or defective GFP affects the contractor’s performance? What preconditions must contractors meet to be entitled to recovery? Who is responsible for the loss, damage or destruction of GFP? And, once liability is established, what methods may be used to price the claim? These issues, and more, will be covered in this specially developed program.

This course is designed to supply the information and skills needed by contractor and Government personnel to effectively manage and resolve GFP issues. Contracting Officers, program managers, and legal advisors will benefit from the analysis of Government responsibilities in furnishing GFP to contractors, training on liabilities for lost or damaged property, and the analysis of competitive advantage, risk of loss, and pricing GFP claims and adjustments.

Further, the program will cover the legal issues and significance of the different types of GFP, as described in the FAR; and will cover all of the recent developments and proposed changes to GFP rules and requirements.

INTRODUCTION

1. Historical Perspective
2. Arguments Against Furnishing GFP
3. Arguments In Favor Of Furnishing GFP

AUTHORITY TO FURNISH GFP TO CONTRACTORS

1. Constitutional Limitations
2. Statutory Authorization
3. Express and Implied Grants of Authority

CATEGORIES OF GFP

1. Identification Of GFP In The Contract
2. Identification Of GFP Based On Circumstances
3. Consideration Of The FAR Definitions

COMPETITIVE ADVANTAGE

1. The Contracting Officer's Duty
2. Exceptions To The Duty
3. Pre-Award Competitive Advantage
4. Post-Performance Retention And Use Of GFP

LIABILITY FOR LATE OR DEFECTIVE GFP

1. The Christian Doctrine
2. Applicability Of Bailment Law
3. The Duty To Make Timely Delivery
4. The Duty To Furnish Suitable GFP
5. Disclaimers

THE CONTRACTOR'S OBLIGATIONS

1. Record Keeping
2. When Rent Must Be Paid
3. The Duty To Avoid Commercial Use
4. Contractor Liability For Damage to GFP

PRICING CLAIMS AND ADJUSTMENTS RELATED TO GFP

1. Preconditions To Recovery
2. Applicable Remedy Granting Clauses
3. How To Price An Equitable Adjustment
4. Methods Of Proving The Adjustment