---
kind: "section"
citation: "48 C.F.R. § 45.102"
title: "48"
number: "45.102"
heading: "Policy."
url: "https://uscodex.org/cfr/48/45.102"
---

# §45.102. Policy.

- (a) **Contractors are ordinarily required to furnish all property necessary to perform Government contracts.**
- (b) Contracting officers shall provide property to contractors only when it is clearly demonstrated—
  - (1) To be in the Government's best interest;
  - (2) That the overall benefit to the acquisition significantly outweighs the increased cost of administration, including ultimate property disposal;
  - (3) That providing the property does not substantially increase the Government's assumption of risk; and
  - (4) **That Government requirements cannot otherwise be met.**
- (c) The contractor's inability or unwillingness to supply its own resources is not sufficient reason for the furnishing or acquisition of property.
- (d) **Exception.** Property provided under contracts for repair, maintenance, overhaul, or modification is not subject to the requirements of [paragraph (b)](#b) of this section.
- (e) Government property, other than foundations and similar improvements necessary for installing special tooling, special test equipment, or equipment, shall not be installed or constructed on contractor-owned real property in such fashion as to become nonseverable, unless the head of the contracting activity determines that such installation or construction is necessary and in the Government's interest.

## Notes

### Amendments

[72 FR 27385, May 15, 2007, as amended at 75 FR 38680, July 2, 2010; 77 FR 12942, Mar. 2, 2012]

### Source

Source: 72 FR 27385, May 15, 2007, unless otherwise noted.

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42392, Sept. 19, 1983, unless otherwise noted.

### Amendments

[72 FR 27385, May 15, 2007, as amended at 75 FR 38680, July 2, 2010; 77 FR 12942, Mar. 2, 2012]