Attachment 2 N3904026Q1008 RFQ Solicitation.docx
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- Attached to
- Pole Cap Cadmium Plating
- Solicitation number
- N3904026Q1008
About this file
This is a Request for Quotation (RFQ) issued by Portsmouth Naval Shipyard for cadmium pole cap plating services. The solicitation number is N3904026Q1008, with a response deadline of February 26, 2026 at 8:00 AM ET. The requirement involves removal of cadmium plating and re-plating of 24 Main Pole Caps per ASTM-B-633 TYPE VI CLASS 3 specifications, with machining of the bottom side to be flat within 0.005 inches and minimum post-machining thickness of 0.595 inches. The base contract period runs from March 26, 2026 to March 25, 2027, with two optional one-year extensions available. The solicitation includes an option to increase the base quantity from 24 to 72 pole caps during the contract period. This is a Total Small Business Set Aside under NAICS code 332813 (Electroplating, Plating, Anodizing, and Coloring) with a 500-employee size standard. All quotes must be submitted via email and include firm-fixed pricing with published commercial labor rates and price breakdowns for justification purposes. Vendors must be registered in the System for Award Management (SAM) to be considered for award.
Evaluation will be conducted sequentially, with technical acceptability assessed first followed by past performance review, with award going to the lowest-priced, technically acceptable offer. The technical proposal must address cadmium removal procedures, machining processes and equipment, thickness control measures, re-plating methodology, quality control procedures, logistics and material handling including use of government-provided custom crates for return shipment, and a detailed project schedule. Pricing shall include all labor, materials, freight costs, and processes required for completion. The place of performance is Portsmouth Naval Shipyard in Kittery, Maine. Payment terms available include Wide Area Workflow (WAWF) or Government Commercial Purchase Card (GCPC) for amounts up to $100,000. The solicitation incorporates numerous FAR and DFARS clauses applicable to commercial items and government property management requirements.
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REQUEST FOR QUOTATION
N3904026Q1008 N39040-17-T-
COMBINED SYNOPSIS/SOLICITATION NOTICE:
Requirement Title: Cadmium Pole Cap Plating
Solicitation Number: N3904026Q1008
Response Deadline: 02/26/2026
POC: Courtney Edwards Email: courtney.j.edwards5.civ@us.navy.mil Phone: (207)-438-6564
GENERAL INFORMATION:
1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued Paper copies of this solicitation will not be available. This combined synopsis/solicitation SHALL be posted on SAM.gov.
2. This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-06 and DFARS Change Notice 2025-1110. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:
https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/change_notices.html.
3. This solicitation is being issues as a(n): Request For Quotation (RFQ)
4. This acquisition is for: Total Small Business Set Aside
5. North American Industry Classification System Code (NAICS): 332813 Electroplating, Plating, Anodizing, and Coloring.
6. The size standard is: 500 in Number of Employees
REQUIREMENT INFORMATION:
The Portsmouth Naval Shipyard requests responses from sources capable of providing the following:
· Required Delivery Date/Period of Performance: 26MAR26 – 25 MAR27
· Place of Performance: PNS- Portsmouth Naval Shipyard, Kittery, Maine 03904
ATTACHMENTS
· Attachment 1- PNS OPSEC Enclosure 2_Redacted
· Attachment 2- Combined Synopsis/Solicitation with RFQ embedded.
· Attachment 3- DWG Main Pole Cap REV 1
· Attachment 4- Statement of Work
· Attachment 5- SECNAV 5200_2-GFPN3904026Q1008
· Attachment 6- WD2015-4011 REV32
· Attachment 7- GFPN3904026Q1008_1
METHOD OF PROPOSAL SUBMISSION:
Offers shall be emailed. All responsible sources may submit a quote which shall be considered by the agency.
System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.
All quotes shall include published commercial labor rates and breakdown of total prices, if applicable, for Price Justification purposes. Redacted invoices will suffice
THIS IS NOT AN ORDER
PLEASE PROVIDE DELIVERED PRICES, AVAILABILITY, AND PRICE SOURCE WITH QUOTE
REFERENCE # N3904026Q1008 DUE DATE: 02/26/2026 08:00 AM ET
| From: Portsmouth Naval Shipyard | Your company info: |
| courtney.j.edwards5.civ@us.navy.mil | Name: |
| Contracting, Code 410 | POC: |
| Kittery, ME 03904 | (P) |
| PHONE: 207-438-6564 | Email: |
| Cage Code: |
BUSINESS SIZE (circle one): SMALL LARGE PAYMENT TERMS ______%______DAYS
| MOBILIZATION TIME: _________ARO | PRICES DERIVED FROM (CHECK ONE) |
| F.O.B. DESTINATION, Y____N____ | ___COMMERCIAL PRICE LIST DATED |
| IF NO, SHIPPING COST__________. | ___INTERNAL PRICE LIST DATED |
| ___OTHER ( PLEASE EXPLAIN ) |
Please indicate your preferred payment method by checking one of the options below. Payment options available are WAWF and GCPC: Government Commercial Purchase Card (up to $100,000). Please ensure that you register for WAWF (www.wawftraining.com) GCPC_____ WAWF (Wide Area Workflow) _____
*Please note that purchase card orders are not paid up front. Once material is received, a Government cardholder may be contacted for purchase card information.
_X__ If checked, to be awarded on an “All or None” basis, and CPARS evaluation procedures apply.
YOUR SIGNATURE___________________________________DATE________________________
| ITEM |
| DESCRIPTION |
| QTY |
| Unit Price |
| Total |
| 0001 |
| Removal of cadmium plating and re-plate pole caps per ASTM-B-633 TYPE VI CLASS 3 Include freight costs within CLIN 0001. In accordance with SOW. |
POP: 03/26/26-03/25/27
24 EA
| 0002 |
| Option to increase quantity to be exercised at the governments discretion in accordance with 52.217-7, Option for increased quantity. |
48 EA
| 0003 |
| Contract Data Requirements List (CDRL) Data Deliverables in support of CLIN 0001, in accordance with Exhibit A. |
1 LOT
| 0004 |
| OPTION: CDRL for addition pole caps Data deliverables in support of CLIN 0002 in accordance with Exhibit A. |
1 LOT
| 1001 |
| Option Year 1 Removal of cadmium plating and re-plate pole caps per ASTM-B-633 TYPE VI CLASS 3 Include freight costs within CLIN 1001. In accordance with SOW. |
POP: 03/26/27-03/25/28
24 EA
| 1002 |
| Option Year 1 - Option to increase quantity to be exercised at the governments discretion in accordance with 52.217-7, Option for increased quantity. |
48 EA
| 1003 |
| Option Year 1 Contract Data Requirements List (CDRL) Data Deliverables in support of CLIN 0001, in accordance with Exhibit A. |
1 LOT
| 1004 |
| Option Year 1 - OPTION: CDRL for addition pole caps Data deliverables in support of CLIN 1002 in accordance with Exhibit A. |
1 LOT
| 2001 |
| Option Year 2 Removal of cadmium plating and re-plate pole caps per ASTM-B-633 TYPE VI CLASS 3 Include freight costs within CLIN 2001. In accordance with SOW. |
POP: 03/26/28-03/25/29
24 EA
| 2002 |
| Option Year 2 - Option to increase quantity to be exercised at the governments discretion in accordance with 52.217-7, Option for increased quantity. |
48 EA
| 2003 |
| Option Year 2 Contract Data Requirements List (CDRL) Data Deliverables in support of CLIN 2001, in accordance with Exhibit A. |
1 LOT
| 2004 |
| Option Year 2 - OPTION: CDRL for addition pole caps Data deliverables in support of CLIN 2002 in accordance with Exhibit A. |
1 LOT
· Required Delivery Date/Period of Performance: 03/26/2026-03/25/2029
· Place of performance is: Portsmouth Naval Shipyard Kittery, Maine 03904
· For evaluation purposes, please provide any applicable procedures and technical information. If no information is provided, your quotation may be determined to be unresponsive.
· Please provide published commercial labor rates and breakdown of total prices, if applicable, for Price Justification purposes.
· See Below for Detailed Statement of Work and Applicable Clauses.
METHOD OF PROPOSAL SUBMISSION:
Offers shall be emailed. All responsible sources may submit a quote which shall be considered by the agency. System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.
All quotes should include this form filled out in its entirety (highlighted yellow fields are required).
STATEMENT OF WORK
1. SCOPE
1.1. Title: This Statement of Work is for the machining and re-plating of 24 Main Pole Caps.
1.2. Location of Work: The performance of the machining and replating will occur at the Contractor’s location.
1.3. Identification: 24 Main Pole Caps, and material is low carbon stee, structural plate.
2. REFERENCES
2.1. ASTM-B-633 Type VI Class 3.
2.2. PNSY Drawing, Classic Main Pole Cap.
3. REQUIREMENTS
3.1. The 24 Main Pole Caps will be shipped to the Contractor to be machined and re-plated. The Main Pole Cap material is low carbon steel that was originally plated with cadmium and each pole cap weighs 17.8 pounds.
3.2. The Contractor shall remove the cadmium plating, machine bottom side of the pole caps flat within .005”.
3.3. The Contractor after removing the cadmium plating and machining each pole cap within .005” shall re-plate each pole cap per ASTM-B-633 Type VI Class 3. The pole cap thickness must not be machined less than minimum thickness .595”.
3.4. All unused or unacceptable materials shall be returned to Portsmouth Naval Shipyard.
4. RESPONSIBILITITES
4.1. Portsmouth Naval Shipyard will ship the Main Pole Caps to the Contractor’s location.
5. DELIVERY / RETURN
5.1. The crates the pole caps are shipped in are custom made and shall be used to ship the pole caps back to Portsmouth Naval Shipyard.
5.2. Once the custom crate is full of plated pole caps, the Contractor shall return the crate with plated pole caps to Portsmouth Naval Shipyard regardless of if the other caps are complete.
CLAUSES:
Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions and clauses are applicable to this procurement:
52.204-7 System for Award Management- Registration 52.204-13 System for Award Management- Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-15 Defense Priority and Allocation Requirements 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services 52.212-2 Evaluation-Commercial Products and Commercial Services 52.212-4 Contract Terms and Conditions – Commercial Items 52.217-6 Option for Increased Quantity.
52.217-7 Option for Increased Quantity-Separately Priced Line Item 52.222-3 Convict Labor 52.222-36 Equal Opportunity for Workers With Disabilities 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-43 Fair Labor Standards ACT and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
52.222-50 Combating Trafficking in Persons 52.226-7 Drug-Free Workplace 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33 Payment by Electronic Funds Transfer--System for Award Management 52.232-36 Payment by Third Party 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.242-15 Stop-Work Order 52.246-1 Contractor Inspection Requirements 52.246-4 Inspection of Services—Fixed-Price 52.247-34 F.O.B. Destination 52.252-2 Clauses Incorporated by Reference 52.252-5 Authorized Deviations in Provisions 52.252-6 Authorized Deviations in Clauses
Additional DFARS contract terms and conditions applicable to this procurement are:
252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 252.204-7006 Billing Instructions 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.225-7048 Export-Controlled Items 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area WorkFlow Payment Instructions 252.247-7023 Transportation of Supplies by Sea—Basic
C-202-H001 ADDITIONAL DEFINITIONS – BASIC
C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (OCT 2018)
C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)
C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)
C-223-N002 RESTRICTIONS ON USE OF YELLOW MATERIAL (NAVSEA) (OCT 2018)
C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)
D-211-H001 PACKAGING OF DATA (NAVSEA) (OCT 2018)
D-223-W001 EXPLOSIVE OR HAZARDOUS MATERIALS – PACKAGING & LABELING (NAVSEA) (OCT
2018)
D-247-H002 PACKAGING OF SUPPLIES—BASIC (NAVSEA) (OCT 2018)
D-247-H004 MARKING AND PACKING LIST(S) – BASIC (NAVSEA) (OCT 2018)
D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)
E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES (OCT 2018)
E-246-W002 CERTIFICATE OF COMPLIANCE (NAVSEA) (OCT 2018)
F-211-W001 PARTIAL DELIVERIES (NAVSEA) (OCT 2018)
F-242-H001 CONTRACTOR NOTICE REGARDING LATE DELIVERY
F-247-N002 INSTRUCTIONS FOR DELIVERIES TO THE PORTSMOUTH NAVAL SHIPYARD (NAVSEA)
(MAR 2019)
G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE
(NAVSEA) (JUN 2018)
G-232-H004 GOVERNMENT PURCHASE CARD METHOD OF PAY (NAVSEA) (OCT 2018)
G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019)
G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND
RESPONSIBILITIES (NAVSEA) (OCT 2018)
G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018)
H-209-H003 REQUIRED DISCLOSURE OF ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA)
(NOV 2022)
H-223-N001 INFORMATION ON EXPOSURE TO HAZARDOUS MATERIAL (NAVSEA) (JAN 2019)
L-245-H0001 AVAILABILITY OF GOVERNMENT PROPERTY (NAVSEA) (JUL 2024)
L-245-H0002 INSTRUCTIONS REGARDING GOVERNMENT PROPERTY (NAVSEA) (JUL 2024)
FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Addendum)
(a) General. Offerors are required to submit a comprehensive proposal that demonstrates a thorough understanding of the requirements outlined in the Statement of Work (SOW) for the machining and re-plating of 24 Main Pole Caps. The proposal shall be submitted in two separate parts: Volume I - Technical Proposal and Volume II - Price Proposal.
(b) Technical Proposal Content. The technical proposal must, at a minimum, include the following sections, which directly address the requirements of the SOW:
1. Technical Approach:
· Provide a detailed narrative of the process for safely removing the existing cadmium plating from the low carbon steel pole caps.
· Describe the specific machining process and equipment that will be used to machine the bottom side of the pole caps to be flat within .005”.
· Detail the methodology for ensuring the pole cap thickness is not machined to less than the minimum required thickness of .595”.
· Provide a detailed plan for re-plating each pole cap in strict accordance with ASTM-B-633 Type VI Class 3.
2. Quality Control Plan:
· Submit a comprehensive quality control plan detailing the inspection, testing, and verification procedures that will be implemented to ensure all machining tolerances and plating specifications are met for every pole cap.
3. Logistics and Material Handling Plan:
· Confirm the ability and plan to use the government-provided custom crates for the return shipment of all pole caps to Portsmouth Naval Shipyard.
· Describe the process for the handling, segregation, and return of any unused or unacceptable materials back to the shipyard.
· Acknowledge the requirement to return crates of completed pole caps as they are filled, without waiting for the completion of the entire 24-unit order.
4. Proposed Schedule:
· Provide a project schedule detailing the timeline from receipt of the pole caps to the final delivery of the re-plated units, accounting for the phased return delivery requirement.
(c) Price Proposal Content. The price proposal shall include:
1. A firm-fixed price for all labor, materials, and processes required to complete the machining and re-plating of the base quantity of 24 Main Pole Caps as specified in the SOW.
2. A separate, firm-fixed price per unit for the option to increase the quantity of pole caps to be serviced during the one-year contract period.
(End of Provision)
52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical Capability
(ii) Price
ADDENDUM TO 52.212-2
(a) BASIS FOR AWARD The Government intends to award a firm-fixed-price contract to the responsible offeror who submits the lowest-priced, technically acceptable offer. The evaluation will be conducted sequentially. First, offers will be assessed for technical acceptability. Those rated "Acceptable" will then be evaluated for Past Performance. Offers rated "Acceptable" for both non-price factors will then be ranked by price to determine the successful offeror.
(b) EVALUATION FACTORS FOR AWARD Offers will be evaluated against the factors of Technical Capability and Price. To be considered for award, an offeror must receive a rating of "Acceptable" for both the Technical Capability factors.
(c) TECHNICAL CAPABILITY To achieve an "Acceptable" rating for Technical Capability, the offeror’s proposal must meet all minimum requirements outlined in the Statement of Work (SOW). The proposal shall provide a detailed and credible plan that addresses: 1) Safe removal of cadmium plating. 2) Machining the pole cap bottom to be flat within .005". 3) Ensuring the post-machining thickness is not less than .595". 4) Re-plating in strict accordance with ASTM-B-633 Type VI Class 3. The proposal shall include a comprehensive quality control plan that details specific inspection, testing, and verification procedures to ensure all SOW specifications are met for every unit. The proposal shall confirm the ability and plan to: 1) Use government-provided crates for return shipment. 2) Handle and segregate unused/unacceptable materials for return. 3) Return crates of completed pole caps as they are filled, per the phased delivery requirement. The proposal shall provide a project schedule that details the timeline from receipt of the pole caps to the final delivery, accounting for the phased return of completed units. A failure to meet any of the requirements detailed herein will result in an "Unacceptable" technical rating, making the offer ineligible for award.
(d) PRICE The Government will evaluate the price of all technically acceptable offers to determine the lowest-priced offer. The total evaluated price will consist of the sum of the firm-fixed price for the base quantity (24 pole caps) and the total price for the optional quantity. Option prices that are determined to be significantly unbalanced may render an offer unacceptable. The evaluation of options does not obligate the Government to exercise them.
(End of Provision) 52.245-1 Government Property.
(a) Definitions. As used in this clause- Cannibalize means to remove parts from Government property for use or for installation on other Government property.
Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.
Contractor inventory means-
(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;
(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and
(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.
Contractor’s managerial personnel means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-
(1) All or substantially all of the Contractor’s business;
(2) All or substantially all of the Contractor’s operation at any one plant or separate location; or
(3) A separate and complete major industrial operation.
Demilitarization means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.
Discrepancies incident to shipment means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.
Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.
Government-furnished property means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.
Government property means all property owned or leased by the Government. Government property includes both Government- furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.
Loss of Government property means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to-
(1) Items that cannot be found after a reasonable search;
(2) Theft;
(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or
(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.
Material means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property.
Nonseverable means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.
Precious metals means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.
Production scrap means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.
Property means all tangible property, both real and personal.
Property Administrator means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.
Property records means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.
Provide means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.
Real property See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).
Sensitive property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.
Unit acquisition cost means-
(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and
(2) For contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.
(b) Property management.
(1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).
(2) The Contractor’s responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause).
(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.
(4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.
(c) Use of Government property.
(1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.
(2) Modifications or alterations of Government property are prohibited, unless they are-
(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions;
(ii) Required for normal maintenance; or
(iii) Otherwise authorized by the Contracting Officer.
(3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the Contracting Officer.
(d) Government-furnished property.
(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor.
(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.
(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor’s timely written request, consider an equitable adjustment to the contract.
(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor’s timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government’s expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause).
(iii) The Government may, at its option, furnish property in an "as-is" condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor’s expense.
(3)
(i) The Contracting Officer may by written notice, at any time-
(A) Increase or decrease the amount of Government-furnished property under this contract;
(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or
(C) Withdraw authority to use property.
(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor’s timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.
(e) Title to Government property.
(1) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"), is subject to the provisions of this clause. The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.
(2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the Contractor retains title to all property acquired by the Contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property.
(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable line items under Fixed-Price contracts.
(i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor’s delivery of such property.
(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon-
(A) Issuance of the property for use in contract performance;
(B) Commencement of processing of the property for use in contract performance; or
(C) Reimbursement of the cost of the property by the Government, whichever occurs first.
(f) Contractor plans and systems.
(1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:
(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations.
(ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment.
(A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property.
(B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.
(iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property.
(A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following:
(1) The name, part number and description, National Stock Number (if needed for additional item identification tracking and/or disposition), and other data elements as necessary and required in accordance with the terms and conditions of the contract.
(2) Quantity received (or fabricated), issued, and balance-on-hand.
(3) Unit acquisition cost.
(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).
(5) Unit of measure.
(6) Accountable contract number or equivalent code designation.
(7) Location.
(8) Disposition.
(9) Posting reference and date of transaction.
(10) Date placed in service (if required in accordance with the terms and conditions of the contract).
(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption.
(iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor’s system or the property is to be transferred to a follow-on contract).
(v) Subcontractor control.
(A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss of Government property.
(B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor’s property management system.
(vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government property, physical inventory results, audits and self-assessments, corrective actions, and other property-related reports as directed by the Contracting Officer.
(vii) Relief of stewardship responsibility and liability. The Contractor shall have a process to enable the prompt recognition, investigation, disclosure and reporting of loss of Government property, including losses that occur at subcontractor or alternate site locations.
(A) This process shall include the corrective actions necessary to prevent recurrence.
(B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the Government all incidents of property loss as soon as the facts become known. Such reports shall, at a minimum, contain the following information:
(1) Date of incident (if known).
(2) The data elements required under (f)(1)(iii)(A).
(3) Quantity.
(4) Accountable contract number.
(5) A statement indicating current or future need.
(6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs.
(7) All known interests in commingled material of which includes Government material.
(8) Cause and corrective action taken or to be taken to prevent recurrence.
(9) A statement that the Government will receive compensation covering the loss of Government property, in the event the Contractor was or will be reimbursed or compensated.
(10) Copies of all supporting documentation.
(11) Last known location.
(12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appropriate agencies and authorities were notified.
(C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for property when-
(1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator;
(2) Property Administrator grants relief of responsibility and liability for loss of Government property;
(3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or
(4) Property is disposed of in accordance with paragraphs (j) and (k) of this clause.
(viii) Utilizing Government property.
(A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance.
(B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government material with material not owned by the Government.
(ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation.
(x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss of Government property cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs.
(2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of material and equipment.
(g) Systems analysis.
(1) The Government shall have access to the Contractor’s premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor’s property management plan(s), systems, procedures, records, and supporting documentation that pertains to Government property. This access includes all site locations and, with the Contractor’s consent, all subcontractor premises.
(2) Records of Government property shall be readily available to authorized Government personnel and shall be appropriately safeguarded.
(3) Should it be determined by the Government that the Contractor’s (or subcontractor’s) property management practices are inadequate or not acceptable for the effective management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administrator and take all necessary corrective actions as specified by the schedule within the corrective action plan.
(h) Contractor Liability for Government Property.
(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss of Government property furnished or acquired under this contract, except when any one of the following applies-
(i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19.
(ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the Contractor’s managerial personnel.
(iii) The Contracting Officer has, in writing, revoked the Government’s assumption of risk for loss of Government property due to a determination under paragraph (g) of this clause that the Contractor’s property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss of Government property occurred while the Contractor had adequate property management practices or the loss did not result from the Contractor’s failure to maintain adequate property management practices, the Contractor shall not be held liable.
(2) The Contractor shall take all reasonable actions necessary to protect the property from further loss. The Contractor shall separate the damaged and undamaged property, place all the affected property in the best possible order, and take such other action as the Property Administrator directs.
(3) The Contractor shall do nothing to prejudice the Government’s rights to recover against third parties for any loss of Government property.
(4) The Contractor shall reimburse the Government for loss of Government property, to the extent that the Contractor is financially liable for such loss, as directed by the Contracting Officer.
(5) Upon the request of the Contracting Officer, the Contractor shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery.
(i) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. However, the Government shall not be liable for breach of contract for the following:
(1) Any delay in delivery of Government-furnished property.
(2) Delivery of Government-furnished property in a condition not suitable for its intended use.
(3) An increase, decrease, or substitution of Government-furnished property.
(4) Failure to repair or replace Government property for which the Government is responsible.
(j) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose of Contractor inventory until authorized to do so by the Plant Clearance Officer or authorizing official.
(1) Predisposal requirements.
(i) If the Contractor determines that the property has the potential to fulfill requirements under other contracts, the Contractor, in consultation with the Property Administrator, shall request that the Contracting Officer transfer the property to the contract in question, or provide authorization for use, as appropriate. In lieu of transferring the property, the Contracting Officer may authorize the Contractor to credit the costs of Contractor-acquired property (material only) to the losing contract, and debit the gaining contract with the corresponding cost, when such material is needed for use on another contract. Property no longer needed shall be considered contractor inventory.
(ii) For any remaining Contractor-acquired property, the Contractor may purchase the property at the unit acquisition cost if desired or make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier’s customary practices.)
(2) Inventory disposal schedules.
(i) Absent separate contract terms and conditions for property disposition, and provided the property was not reutilized, transferred, or otherwise disposed of, the Contractor, as directed by the Plant Clearance Officer or authorizing official, shall use Standard Form 1428, Inventory Disposal Schedule or electronic equivalent, to identify and report-
(A) Government-furnished property that is no longer required for performance of this contract;
(B) Contractor-acquired property, to which the Government has obtained title under paragraph (e) of this clause, which is no longer required for performance of that contract; and
(C) Termination inventory.
(ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the Government, in the event that the property is offered for sale.
(iii) Separate inventory disposal schedules are required for aircraft in any condition, flight safety critical aircraft parts, and other items as directed by the Plant Clearance Officer.
(iv) The Contractor shall provide the information required by FAR 52.245-1(f)(1)(iii) along with the following:
(A) Any additional information that may facilitate understanding of the property’s intended use.
(B) For work-in-progress, the estimated percentage of completion.
(C) For precious metals in raw or bulk form, the type of metal and estimated weight.
(D) For hazardous material or property contaminated with hazardous material, the type of hazardous material.
(E) For metals in mill product form, the form, shape, treatment, hardness, temper, specification (commercial or Government) and dimensions (thickness, width and length).
(v) Property with the same description, condition code, and reporting location may be grouped in a single line item.
(vi) Scrap should be reported by "lot" along with metal content, estimated weight and estimated value.
(3) Submission requirements.
(i) The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than-
(A) 30 days following the Contractor’s determination that a property item is no longer required for performance of this contract;
(B) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract deliveries or performance; or
(C) 120 days, or such longer period as may be approved by the Termination Contracting Officer, following contract termination in whole or in part.
(ii) Unless the Plant Clearance Officer determines otherwise, the Contractor need not identify or report production scrap on inventory disposal schedules, and may process and dispose of production scrap in accordance with its own internal scrap procedures. The processing and disposal of other types of Government-owned scrap will be conducted in accordance with the terms and conditions of the contract or Plant Clearance Officer direction, as appropriate.
(4) Corrections. The Plant Clearance Officer may-
(i) Reject a schedule for cause (e.g., contains errors, determined to be inaccurate); and
(ii) Require the Contractor to correct an inventory disposal schedule.
(5) Post submission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to the inventory schedule.
(6) Storage.
(i) The Contractor shall store the property identified on an inventory disposal schedule pending receipt of disposal instructions. The Government’s failure to furnish disposal instructions within 120 days following acceptance of an inventory disposal schedule may entitle the Contractor to an equitable adjustment for costs incurred to store such property on or after the 121 st day.
(ii) The Contractor shall obtain the Plant Clearance Officer’s approval to remove property from the premises where the property is currently located prior to receipt of final disposition instructions. If approval is granted, any costs incurred by the Contractor to transport or store the property shall not increase the price or fee of any Government contract. The storage area shall be appropriate for assuring the property’s physical safety and suitability for use. Approval does not relieve the Contractor of any liability for such property under this contract.
(7) Disposition instructions.
(i) The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of Contractor inventory as directed by the Plant Clearance Officer. Unless otherwise directed by the Contracting Officer or by the Plant Clearance Officer, the Contractor shall remove and destroy any markings identifying the property as U.S. Government-owned property prior to its disposal.
(ii) The Contracting Officer may require the Contractor to demilitarize the property prior to shipment or disposal. In such cases, the Contractor may be entitled to an equitable adjustment under paragraph (i) of this clause.
(8) Disposal proceeds. As directed by the Contracting Officer, the Contractor shall credit the net proceeds from the disposal of Contractor inventory to the contract, or to the Treasury of the United States as miscellaneous receipts.
(9) Subcontractor inventory disposal schedules. The Contractor shall require its Subcontractors to submit inventory disposal schedules to the Contractor in accordance with the requirements of paragraph (j)(3) of this clause.
(k) Abandonment of Government property.
(1) The Government shall not abandon sensitive property or termination inventory…
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