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  1. Thank you, that was my read as well. I had someone in my office think it only applied to agencies that proposed their own language.
  2. The letter says: Agencies are reminded that FAR 1.404 requires agencies to furnish a copy of their approved class deviation (including direction to the workforce, prescription for use of clause, and clause text) to the FAR Secretariat, General Services Administration, by emailing the deviation to GSARegSec@gsa.gov. Agencies must submit their class deviations no later than October 15, 2021. So does that mean that agencies that adopt the suggest language still need to submit a copy of their class deviation to the FAR Secretariat or only those agencies that draft their own language?
  3. Not yet. To be honest it was kind of insulting that they basically said "Eh too bad, the FAR says we're not liable for lost property." I agree with you all that this property is not lost if the Contractor knows exactly where it is and has means of recovery. Thanks for all the replies!
  4. 1. I mean, based on how they did not make sure the laptop/piv were returned before the employee left the company it would seem like they don't have an acceptable system. It's unclear to me whether we have a copy of their property management policies and procedures in the file or requested it at the time of award. Will be requesting that asap. It sounds like we can make that determination retroactively and it would then be on the contractor to prove that the loss occurred while they DID have an acceptable property management system? 2. Yes, sort of. The computer is typically used just on-site but with COVID a determination was made to allow employees to work from home. Upon the termination of employment, a request was apparently made to return the laptop/piv but it sounds like it was limited to a verbal request. Not even sure at this point a Fedex/UPS box, etc. was sent for the former employee to return it nor have I received any indication that anyone has gone over to this person's house or calling the police. Right now I'm hoping the contractor works to get the actual laptop/piv back than just having the contractor reimburse me for a "lost" laptop. I frankly don't consider this a loss of government property when the contractor knows where it is.
  5. Reupping this because I have a contractor that is blinking their eye. Their employee was working from home due to COVID, was terminated, and is apparently still in possession of the government laptop/piv. Contractor states that all effort was made to retrieve the equipment but was unsuccessful and states that under FAR 52.245-1 (h)(1), that they are not responsible for reimbursing the gov’t for lost equipment. It looks like 52.245-1(h)(5) the CO can direct the Contractor to furnish cooperation up to and including the prosecution of suit to recover the laptop, but at the government's expense. Is there something else I am missing to hold the Contractor liable for this loss of the laptop/piv?
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