Combo Solicitation Amendment FA558722R00010001 SF 30.pdf

Combined Synopsis/Solicitation

FA558722R0001

Fleet Service and Baggage Handling Services Combined/Synopsis Solicitation In Accordance With FAR 12.603

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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.

This solicitation is issued as a Request for Proposal (RFP), in accordance with FAR Parts 12 and 15. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020- 07, effective 10 September 2021.

Solicitation number: FA558722R0001 North American Industry Classification System Code (NAICS): 488119 Size Standard: $35M Type of set-aside: Not Applicable – Full and Open Competition

The contractor shall provide all tools, materials, transportation, supervision, and labor, necessary to provide fleet and baggage handling services at the 727th Air Mobility Squadron (727 AMS) Aerial Port, at Royal Air Force (RAF) Mildenhall, and 48th Logistics Readiness Squadron small air terminal, RAF Lakenheath in accordance with the Performance Work Statement (PWS) dated January 2022.

See Standard Form 1449 for Contract Line Item Number (CLIN) structure, description of requirements and periods of performance (PoP).

The Government intends to award a five (5) year base Indefinite Delivery/Indefinite Quantity (IDIQ) contract. This IDIQ will include four (4) optional ordering periods. During the five (5) year basic ordering period, the Government intends to issue 12-month task orders following the period of performance schedule in the solicitation (i.e., Basic Ordering Period Year 1 PoP is intended to be 01 April 2023 to 31 March 2024, Basic Ordering Period Year 2 PoP is intended to be 1 April 2024 to 31 March 2025, etc.).

Provision 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021), applies to this acquisition.

Provision 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021), applies to this acquisition.

Provision 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2021), or a Commercial and Government Entity Code (CAGE) code proving an active System for Award Management registration, shall be submitted with all quotes.

Clause 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021), applies to this acquisition.

Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2022), applies to this acquisition.

Offerors are responsible for submitting proposals so as to reach the Government office designated in this solicitation prior to the time specified in Block 8 of SF 1449:

Contract Specialist: bobbie.dobberstein.1@us.af.mil, maria.calimlim@us.af.mil Contracting Officer: tawana.jackson.1@us.af.mil

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to:Block 14 (Description of Amendment/Modification):

1. Extend the solicitation due date to 23 May 2022 at 1100 A.M. BST;

2. Update the quantity for CLINs 0001, 0002, 0003, and 0004 TO 60;

3. Update the Period of Performance on all CLINs to 1 April 20XX-31 Mar 20XX;

4. Update Addendum to 52.212-2, Evaluation--Commercial Products and Commercial Services (Nov 2021). Step 2 (second paragraph) referenced Volume II to reflect Volume;

5. Attachment 3 Pricing Schedule has been updated to clarify Basic Ordering Period Year 1, 2, etc., to clarify Optional Ordering Period 1, 2, etc., and to provide an EXAMPLE;

6. Incorporate FAR Clauses 52.216-18, 52.216-19, and 52.216-22; and

7. Attachment 7 Questions and Answers has been updated.

All other terms and conditions remain unchanged.

Solicitation/Contract Form

The following changes have been made:

INFORMATION FROM TO

Response Due Date 16 May 2022 23 May 2022

Supplies or Services & Prices or Costs

The following CLIN(s) / SLIN(s) / ELIN(s) were modified:

INFORMATION FROM TO

Description

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

Quantity 12 60

INFORMATION FROM TO

Description Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

Quantity 12 60

INFORMATION FROM TO

Description Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

Quantity 12 60

FA558722R00010001

INFORMATION FROM TO

Description Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

Quantity 12 60

INFORMATION FROM TO

Description

Phase-In Period. 1st 60 days of service. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services, Passenger Comfort Service, Water/Meals Delivery, and Baggage Handling Services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

Phase-In Period. 1st 60 days of service. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services, Passenger Comfort Service, Water/Meals Delivery, and Baggage Handling Services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

Description

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Water/Meals Delivery. The contractor shall provide water

Description Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

/meal delivery IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

Fleet Services. The contractor shall furnish all equipment, supervision, labor, materials, and transportation necessary to provide fleet services at the 727 Air Mobility Support (AMS) Aerial Port Flight, RAF Mildenhall and RAF Lakenheath in accordance with the attached Performance Work Statement (PWS) and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

Passenger Comfort Service. The contractor shall provide passenger comfort services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

Water/Meals Delivery. The contractor shall provide water /meal delivery IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

INFORMATION FROM TO

Description Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

Baggage Handling Services. The contractor shall provide baggage handling services IAW the attached PWS and attachments thereto.

NOTE: Task order pricing shall be IAW Attachment 3 - Pricing Schedule

Deliveries or Performance

The delivery information for the following CLIN(s) / SLIN(s) / ELIN(s) were modified:

INFORMATION FROM TO

Period of Performance 01 Oct 2022 to 30 Sep 2027 01 Apr 2023 to 31 Mar 2028

Period of Performance 01 Oct 2022 to 30 Sep 2027 01 Apr 2023 to 31 Mar 2028

INFORMATION FROM TO

Period of Performance 01 Oct 2022 to 30 Sep 2027 01 Apr 2023 to 31 Mar 2027

INFORMATION FROM TO

Period of Performance 01 Oct 2022 to 30 Sep 2027 01 Apr 2023 to 31 Mar 2028

INFORMATION FROM TO

Period of Performance 01 Aug 2022 to 30 Sep 2022 01 Feb 2023 to 31 Mar 2023

INFORMATION FROM TO

Period of Performance 01 Oct 2027 to 30 Sep 2028 01 Apr 2028 to 31 Mar 2029

INFORMATION FROM TO

Period of Performance 01 Oct 2027 to 30 Sep 2028 01 Apr 2028 to 31 Mar 2029

INFORMATION FROM TO

Period of Performance 01 Oct 2027 to 30 Sep 2028 01 Apr 2028 to 31 Mar 2029

INFORMATION FROM TO

Period of Performance 01 Oct 2027 to 30 Sep 2028 01 Apr 2028 to 31 Mar 2029

INFORMATION FROM TO

Period of Performance 01 Oct 2028 to 30 Sep 2029 01 Apr 2029 to 31 Mar 2030

Period of Performance 01 Oct 2028 to 30 Sep 2029 01 Apr 2029 to 31 Mar 2030

INFORMATION FROM TO

Period of Performance 01 Oct 2028 to 30 Sep 2029 01 Apr 2029 to 31 Mar 2030

INFORMATION FROM TO

Period of Performance 01 Oct 2028 to 30 Sep 2029 01 Apr 2029 to 31 Mar 2030

INFORMATION FROM TO

Period of Performance 01 Oct 2029 to 30 Sep 2030 01 Apr 2030 to 31 Mar 2031

INFORMATION FROM TO

Period of Performance 01 Oct 2029 to 30 Sep 2030 01 Apr 2030 to 31 Mar 2031

INFORMATION FROM TO

Period of Performance 01 Oct 2029 to 30 Sep 2030 01 Apr 2030 to 31 Mar 2031

INFORMATION FROM TO

Period of Performance 01 Oct 2029 to 30 Sep 2030 01 Apr 2030 to 31 Mar 2031

INFORMATION FROM TO

Period of Performance 01 Oct 2030 to 30 Sep 2031 01 Apr 2031 to 31 Mar 2032

INFORMATION FROM TO

Period of Performance 01 Oct 2030 to 30 Sep 2031 01 Apr 2031 to 31 Mar 2032

INFORMATION FROM TO

Period of Performance 01 Oct 2030 to 30 Sep 2031 01 Apr 2031 to 31 Mar 2032

INFORMATION FROM TO

Period of Performance 01 Oct 2030 to 30 Sep 2031 01 Apr 2031 to 31 Mar 2032

Contract Clauses

Miscellaneous text in this section has been modified to:

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of _____________ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of ______________ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within _____________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [insert date].

(End of clause)

52.245-1 Government Property (Sep 2021)

(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 representative swho 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…