45.104 Responsibility and liability for Government property.
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(a) Generally, contractors are not held liable for loss of Government property under the following types of contracts:
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(1) Cost-reimbursement contracts.
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(2) Time-and-material contracts.
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(3) Labor-hour contracts.
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(4) Fixed-price contracts awarded on the basis of submission of certified cost or pricing data.
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(b) The contracting officer may revoke the Government’s assumption of risk when the property administrator determines that the contractor’s property management practices are noncompliant with contract requirements.
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(c) A prime contractor that provides Government property to a subcontractor shall not be relieved of any responsibility to the Government that the prime contractor may have under the terms of the prime contract.
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(d) With respect to loss of Government property, the contracting officer, in consultation with the property administrator, shall determine-
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(1) The extent, if any, of contractor liability based upon the amount of damages corresponding to the associated property loss; and
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(2) The appropriate form and method of Government recovery (may include repair, replacement, or other restitution).
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(e) Any monies received as financial restitution shall be credited to the Treasury of the United States as miscellaneous receipts, unless otherwise authorized by statute ( 31 U.S.C. 3302(b)).