FAR 47.305-17—Returnable cylinders.
Plain-English Summary
FAR 47.305-17 is a narrow prescription rule that tells the contracting officer when to include the clause at 52.247-66, Returnable Cylinders, in a solicitation and contract. It applies when the government is buying gas that will be delivered in contractor-furnished returnable cylinders and the contractor keeps title to those cylinders. The section exists to make sure the contract clearly addresses the special handling, return, and ownership issues that arise when cylinders are not sold to the government but are only used as the delivery container. In practice, this protects both parties by establishing the contractual framework for cylinder return obligations, avoiding disputes over who owns the cylinders, and reducing the risk of loss, misuse, or unplanned charges. It is a clause-insertion rule rather than a detailed performance standard, so its main function is to ensure the right contract language is used whenever this procurement structure is present.
Key Rules
Insert the prescribed clause
The contracting officer must include clause 52.247-66, Returnable Cylinders, in the solicitation and contract when the rule applies. This is mandatory, not discretionary, once the triggering conditions are met.
Applies to gas purchases
The rule covers contracts involving the purchase of gas, not other goods or services. The focus is on gas delivered in cylinders as part of the supply arrangement.
Cylinders must be contractor-furnished
The cylinders must be furnished by the contractor, meaning the contractor provides the containers used for delivery. The rule is aimed at returnable containers supplied as part of the contractor’s delivery method.
Contractor retains title
The clause is required only when the contractor keeps ownership of the cylinders. If title transfers to the government or the cylinders are otherwise not contractor-owned, this prescription does not apply.
Use in both solicitation and contract
The clause must be inserted in both the solicitation and the resulting contract. This ensures offerors know the requirement up front and the final agreement contains the same obligation.
Responsibilities
Contracting Officer
Determine whether the procurement involves gas in contractor-furnished returnable cylinders and whether the contractor retains title. If so, insert clause 52.247-66 in the solicitation and contract.
Contractor
If the contract uses returnable cylinders and the contractor retains title, provide the cylinders as required and comply with the return and ownership terms established by clause 52.247-66.
Agency
Ensure acquisition planning and contract drafting identify when this type of gas delivery arrangement is being used so the contracting officer can apply the required clause.
Practical Implications
This rule is a clause-selection trigger, so the main day-to-day task is identifying the delivery and ownership arrangement correctly before award.
A common pitfall is overlooking that the gas is being supplied in returnable cylinders and failing to include the clause, which can create disputes over cylinder return and liability.
Another risk is misunderstanding title: if the contractor keeps ownership, the clause is required; if ownership is different, the prescription may not apply.
Contracting officers should confirm the solicitation matches the intended delivery method, especially when cylinder logistics, pickup, and replacement cycles affect performance.
Contractors should review the clause early because it can affect pricing, logistics, cylinder tracking, and the handling of lost or damaged cylinders.
Official Regulatory Text
The contracting officer shall insert the clause at 52.247-66 , Returnable Cylinders, in a solicitation and contract whenever the contract involves the purchase of gas in contractor-furnished returnable cylinders and the contractor retains title to the cylinders.