RCGI-Government Property Disposition What is Abandonment

The term abandonment seems to be a hot topic within government property (GP) circles for both contractors and government procurement professionals. Many more contractors are requesting abandonment as a method of disposition. But exactly what is abandonment? When can it be used? And is it a last resort for the government?

Disposition—What to do with Property

The first thing to address is this: When should government property possessed by a contractor be dispositioned? FAR 52.245-2 and 52.245-5 both provide very clear direction on proper disposition. FAR guidance basically states that when a contract is complete, or even earlier, contractors should submit in a CO approved form, inventory schedules covering all government property (including scrap) not consumed in performance of the contract. The FAR clauses also state the contracting officer can direct the contractor to ship, deliver or dispose of the government property, where any net proceeds should be credited back to the contract or paid to the government.

Best practices would be reasonable here. All government property which is no longer needed for contract performance should be dispositioned. Whether due to a contract ending, or the property is in excess of contract requirements, it should be listed on the proper inventory schedule for disposition.

What Exactly IS Abandonment?

Abandonment is an authorized method of government property disposition. It is not, however, the preferred method of that disposal. Abandonment basically means that the government no longer owns, claims or intends to claim the property again. The agency owning a piece (or pieces) of government property has the right to decide what method of disposition is used. This right extends to all forms of government property, including government furnished property, contractor acquired property, excess property/scrap, and any inventory at termination. The contract should specify how and where the government property disposal should happen.

What happens if it isn’t specified, or is not specified for all pieces of property? If the government-owning agency does not specify what will happen to the property—which can be delivery or transfer to another contract—then FAR 45.603 can be used by DCMA for disposition.

FAR 45.603 Disposition Methods

FAR 45.603 lists possible disposition methods in the order they are to be followed.

  1. Purchase or retention at cost by prime contractor or subcontractor of contractor-acquired property;
  2. Return of contractor-acquired property to suppliers;
  3. Use within the government through prescribed screening procedures;
  4. Donation to eligible parties;
  5. Sale at less than cost, and can be purchased by contractor or subcontractor;
  6. Donation to public institutions;
  7. Abandonment or destruction.

Abandonment as Last Resort

You can see where abandonment falls in the eyes of the government. FAR 45.603 states that DCMA must try all six other alternatives before arriving at abandonment. It also puts abandonment and destruction on the same level, giving DCMA the choice of the two as a last resort. FAR 45.611 provides guidance for DCMA in determining abandonment or destruction as a disposition method. All these methods must be researched, documented and in writing. The clause also states that the contractor must agree in writing to any property that will be abandoned on the contractor’s premises as follows:

  • The property can have no commercial value or value to government;
  • The estimated cost of care/handling is greater than probable sale price;
  • Nature of property in question constitutes a danger to public health and safety.

The last bullet is misleading. DCMA is not going to research, document and then put in writing a decision to abandon any property that is a danger to the public. DCMA can only abandon property that is not hazardous.

The Final Word on Abandonment

In conclusion, we can see that abandonment is an authorized and acceptable method of government property disposition. It is not the preferred method for a contracting officer or DCMA but can be used in certain situations. It can never be used to shorten contract close-out, or as a remedy for funding shortfalls. For contractors, NEVER assume the government has abandoned property, even if it is located on your property. Make sure the government clearly specifies in writing exactly what property it is abandoning.

At Redstone Government Consulting, our objective is to ensure your company has a property control system which is transparent and accountable for all government property in your possession. Our professionals can help answer questions on this topic or any other related to government property. For additional information, consider our Government Contractor Business Ethics Webinar.

Learn More About Our  Government Property Management System Compliance Services

Written by Jonas Clem

Jonas Clem Jonas is a Managing Consultant for Special Projects for Redstone Government Consulting, Inc. Jonas works with the Redstone GCI client base on a variety of issues pertaining to government cost and compliance. His specialty areas include development of compliant cost volumes and proposal pricing, as well as assisting contractors after contract award with program control, financial, cost accounting and audit issues. Jonas works on incurred cost proposals, indirect rate calculation and analysis, proposals and project control issues for Redstone. Professional Experience During his over 20‐year career in the GovCon industry Jonas has worked for both large and small contractors in a variety of roles within program finance, contracts and accounting. A substantial portion of his experience included working with a small business contractor that grew into a $100M+ large business prime contractor. In this role he served in various positions where his responsibility progressed to the Business Operations Manager for the NASA and Army Programs Division. During his career he has also worked as a Controller for a large NASA prime contractor. Jonas has twenty‐plus years’ experience in virtually every aspect of corporate business management. He has extensive proposal experience, specializing in pricing and cost volumes. He has audit experience dealing with DCAA and DCMA. He has extensive experience working with both NASA and DoD government customers in program management and program control, across all contract types. Education Jonas earned a Masters of Business Administration from Nova Southeastern University, and a BSBA in Finance from Athens State University.

About Redstone GCI

Redstone GCI is a consulting firm focused on fulfilling the needs of government contractors in all areas of compliance. With a singular mission to help contractors through the multiple layers of “red tape,” we allow contractors to focus on what they do best – support their mission with the U.S. Government. We are home to a group of consultants made up of GovCon industry professionals, CPAs, attorneys, and retired government audit and acquisition professionals.

Our focus and knowledge of audit and compliance functions administered by DCAA and DCMA will always be at the heart of what we do. However, for the past decade, we’ve strategically grown to support other areas of the government contractor back-office with that same level of focus and expertise. We’ve added expertise in contracts management, subcontract administration, proposal pricing, various software systems, HR and employment law, property administration, manufacturing, data analytics/reporting, Grant specialists, M&A, and many other areas. When we see a trend in the needs of contractors, we act to ensure we can provide the best expertise in the market to fulfill those needs.

One thing our clients can be certain of is that with the Redstone GCI Team in your corner, there is no problem too big and no issue too technical for our team to tackle.

Topics: Contracts & Subcontracts Administration, Government Property Management