Clauses · FAR · Government property
FAR 52.245-9 Use and Charges
Does the regulation require it to flow down?
No
The text itself covers subs through (b)(2) — a sub's use of Government property requires subcontract approval or the CO's written authorization; primes mirror it together with 52.245-1 whenever GFP flows down the chain
A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.
Checked against acquisition.gov on 2026-08-04 · edition APR 2012 · base v0.9.3 Read the text ↗
What it makes you produce
3 items for your checklist, slowest first.
Something somebody else has to issue you
The same day if the issuer is one of your own suppliers, months if it is an assessor or an underwriter.
- FAR 52.245-9(e)(1)(i)
An appraisal at your own expense from an independent licensed, accredited or certified appraiser, setting a rate against comparable commercial property, filed with the administrative contracting officer at least 30 days before the date the property is needed
Owed for real property and its associated fixtures; other property is priced by the (e)(2) formula instead
Something you write
Days to weeks, and nobody outside your company has to agree to it.
- FAR 52.245-9(d)(1)
A rental request to the administrative contracting officer identifying the property, proposing a rental period and computing the estimated charge
Owed before the property is used for nongovernmental purposes — (d)(2) blocks that use, independent research and development included, until the charge is agreed
Nothing to send now
It does not hold the order. It decides what money moves later — what you can claim, what can be claimed from you, and what can be held back — and none of that changes after signature.
A rental charge for Government property used on anything other than the work it was authorized for, computed by appraisal or by the clause's formula
FAR 52.245-9(c)
When it is used
Comes in alongside 52.245-1, Government Property (prescription 45.107(c)) — that is, when the contract involves GFP. The text reaches subs directly: (b)(2) allows use by a subcontract at any tier, provided the prime's CO approves a subcontract authorizing the use or authorizes it in writing.
Read closely
Use on this contract's own work is free of charge under (b), and use on another Government subcontract needs the cognizant contracting officer either to approve a subcontract authorizing it or to authorize it in writing. An appraisal holds for the period it states, or a year from the date it was performed where it states none, and rented property is used on a non-interference basis.
The 7 templates that name it, with the line
Source: acquisition.gov, FAR 52.245-9 and 45.107(c) (verified 2026-08-04)
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.