I am researching a question about the use of proceeds from the sale of Contractor Acquired Property. The offer included a requirement for the contractor to move the equipment to the buying party's truck (est $15K). The contract team asked if they can use some of the proceeds to pay the expenses of moving the equipment to the buyer and if they could put the remainder on the contract for services.
FAR45.604-3: 'Proceeds of any sale are to be credited to the Treasury of the United States as miscellaneous receipts, unless otherwise authorized by statute or the contract or any subcontract thereunder authorizes the proceeds to be credited to the price or cost of the work (40 U.S.C. 571 and 574).'
My draft answer says that Yes, they can use the proceeds to pay expenses of the sale (moving). 40 USC 571 allows expenses of sale of supplies may be paid from proceeds of sale...
As for the remainder of proceeds be used on contract for services, 40 USC 574 says if contract authorizes (i.e. FAR clause 52.245-1) the proceeds of sale of property to be credited to contract, then they may do so in this case.
My remaining question is does it matter with what FY funding the equipment was bought? If it was bought with FY12 funding, can they now put the proceeds on the contract (if 52.245-1 was incorporated) on the service CLIN to cover FY13 services?