---
kind: "section"
citation: "48 C.F.R. § 45.104"
title: "48"
number: "45.104"
heading: "Responsibility and liability for Government property."
url: "https://uscodex.org/cfr/48/45.104"
---

# §45.104. Responsibility and liability for Government property.

- (a) Generally, contractors are not held liable for loss of Government property under the following types of contracts:
  - (1) **Cost-reimbursement contracts.**
  - (2) **Time-and-material contracts.**
  - (3) **Labor-hour contracts.**
  - (4) **Fixed-price contracts awarded on the basis of submission of certified cost or pricing data.**
- (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.
- (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.
- (d) With respect to loss of Government property, the contracting officer, in consultation with the property administrator, shall determine—
  - (1) The extent, if any, of contractor liability based upon the amount of damages corresponding to the associated property loss; and
  - (2) The appropriate form and method of Government recovery (may include repair, replacement, or other restitution).
- (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)](/usc/31/3302.md?p=b)).

## Notes

### Amendments

[72 FR 27385, May 15, 2007, as amended at 75 FR 38680, July 2, 2010; 75 FR 53150, Aug. 30, 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; 75 FR 53150, Aug. 30, 2010; 77 FR 12942, Mar. 2, 2012]