Analysis of disputes relative to Government furnished property

Abstract

The purpose of this thesis is to identify problems in the management of Government Furnished Property (FP) in the Government's acquisition process. The research focused on the reasons the Armed Services Board of Appeals (ASBCA) sustained the contractor's appeal of the contracting officer's final decision (COFD). Using this research methodology it was found that the rationale used by the ASBCA in sustaining the contractor's appeal could be used to categorize the problems in the management of GFP as follows: (1) GFP not suitable for its intended use, (2) Government failure to deliver GFP, (3) Government failure to compensate for additional costs associated with additional items of GFE, (4) equipment should have been GFE vice CFE, and (5) Government failure to maintain accurate records of what it furnished as GFP. Reasons one and two are related to the Government's requirements under the GFP clause and account for 72.7% of the ASBCA's reasons for sustaining the appeals of this study. The study also showed that case law is the most highly relied upon basis to support the ASBCA's decision, followed by the GFP clause