Solicitation - FA558722R0001 0001.pdf

Combined Synopsis/Solicitation

FA558722R0001 0001

Fleet Service and Baggage Handling Services Combined/Synopsis Solicitation Amendment 0001

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 0001 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 27 April 2022.

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

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

Created On: 28 Apr 2022, 01:32 AM Central Standard Time

Solicitation/Contract Form

Fleet Service and Baggage Handling Services

Proposal Identifier: FA558722R0001 Date: 27 Apr 2022

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

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.

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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.

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

2 Months

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.

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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.

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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.

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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.

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

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

Product Service Code: V211 Pricing Arrangement: Firm Fixed Price

12 Months

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.229-7006 Value Added Tax Exclusion (United Kingdom) Dec 2011 252.229-7007 Verification of United States Receipt of Goods. Jun 1997

DFARS Clauses Incorporated by Full Text

252.229-7001 Tax Relief. Apr 2020

Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:

TAX RELIEF-BASIC (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Value Added Tax(Offeror insert) RATE (PERCENTAGE): 20(Offeror insert)

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

Description/Specifications/Statement of Work

Requirements Fleet Service and Baggage Handling Services

Packaging and Marking

Reserved

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. Aug 1996

Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule QTY Address and POC

Period of Performance From 01 Oct 2022 To 30 Sep 2027

12 Months

Period of Performance From 01 Oct 2022 To 30 Sep 2027

12 Months

Period of Performance From 01 Oct 2022 To 30 Sep 2027

12 Months

Period of Performance From 01 Oct 2022 To 30 Sep 2027

12 Months

Period of Performance From 01 Aug 2022 To 30 Sep 2022

2 Months

Period of Performance From 01 Oct 2027 To 30 Sep 2028

12 Months

Period of Performance From 01 Oct 2027 To 30 Sep 2028

12 Months

Period of Performance From 01 Oct 2027 To 30 Sep 2028

Period of Performance From 01 Oct 2027 To 30 Sep 2028

12 Months

Period of Performance From 01 Oct 2028 To 30 Sep 2029

12 Months

Period of Performance From 01 Oct 2028 To 30 Sep 2029

12 Months

Period of Performance From 01 Oct 2028 To 30 Sep 2029

12 Months

Period of Performance From 01 Oct 2028 To 30 Sep 2029

12 Months

Period of Performance From 01 Oct 2029 To 30 Sep 2030

12 Months

Period of Performance From 01 Oct 2029 To 30 Sep 2030

12 Months

Period of Performance From 01 Oct 2029 To 30 Sep 2030

12 Months

Period of Performance From 01 Oct 2029 To 30 Sep 2030

12 Months

Period of Performance From 01 Oct 2030 To 30 Sep 2031

12 Months

Period of Performance From

4002 01 Oct 2030 To 30 Sep 2031

Period of Performance From 01 Oct 2030 To 30 Sep 2031

12 Months

Period of Performance From 01 Oct 2030 To 30 Sep 2031

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2 in 1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC FA87700 Issue By DoDAAC FA5587 Admin DoDAAC FA5587 Inspect By DoDAAC F3BT71 Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) F3BT71 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Agency POC to be provided at time of award. For invoice information, the contractor must call DFAS Vendor Pay Customer Service at 1-800-756-

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.232-7007 Limitation of Government's Obligation. Apr 2014

As prescribed in 232.705-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.

1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

Special Contract Requirements

Reserved

Contract Clauses

As prescribed in 45.107(a), insert the following 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…