Common use of Leasing of Real and Personal Property Clause in Contracts

Leasing of Real and Personal Property. The Government contemplates that leases may be part of a solution offered by a Contractor, but the Government, where the Offeror’s solution includes leasing, will not be the Lessee. Under no circumstances on any Order issued against this Master Contract will: (1) The Government be deemed to have privity-of-contract with the owner/lessor of the leased items; or (2) The Government be held liable for early termination/cancellation damages if the Government decides not to exercise an Option period under an Order unless the Contractor has specifically disclosed the amount of such damages (or the formula by which such damages would be calculated) as part of its Proposal and the OCO for the Order has specifically approved/allowed such damages as part of the Award. The STARS III Master Contract strictly prohibits the use of lease-like payment arrangements, which purport to permit the Government to receive delivery of items and then pay for the full cost of the items over time, even if such arrangements are not technically a lease transaction because the Government is not the lessee.