Att_0006_-_Property_PWS_-_FINAL_2017-07-07.pdf

GOVERNMENT PROPERTY IN POSSESSION OF CONTRACTOR

PERFORMANCE WORK STATEMENT (PWS)

(INDIRECT)

1. INTRODUCTION: Property in the Possession of Contractor (PIPC): Contractor shall be responsible and accountable for all Government property (GP) provided under the contract and shall comply with FAR 52.245-1; DFARS 245.6 and 245.70; DoDI 5000.64, Defense Property Accountability; and DoDI 4165.14, Real Property Inventory and Forecasting, and DOD 7000.14-R, Department of Defense Financial Management Regulation (DOD FMR). The property discussed within this PWS covers all Real and Personal property, including Plant Equipment, Special Tooling, and Special Test Equipment. Further details for these requirements are delineated in Paragraphs 3 through 8 below.

2. RESPONSIBILITIES:

2.1 Contractor shall be responsible for establishing plans as defined in this PWS.

2.2 Contractor is responsible for accurate accountability, care, and maintenance of all GP whether being used at SCAAP or a Contractor facility, IAW FAR and DFARS requirements and the Property and Maintenance Plans IAW this immediate PWS and the Maintenance PWS.

2.3 Contractor shall comply with applicable local, state and Federal codes, laws, and

EOs in execution of this contract.

2.4 Contractor shall provide auditable support documentation (i.e. contract, contract modification, invoice, etc.) for real and personal property assets acquired/improved through modernization projects and other acquisition methods. The support documents will identify the final cost (to include allowable costs per DOD 7000.14-R) that substantiates the cost of each asset identified on applicable acceptance forms; i.e. DD Form 1354 for Real Property and DD Form 1342 or other designated form for Personal Property/General Equipment.

3. PROPERTY PLAN (PP):

3.1 IAW FAR 52.245-1, the Contractor shall establish and implement a PP to include management plans, systems and procedures. The PP shall be submitted within 60 days after assumed operations through the Government Property Administrator (GPA) for concurrence by the PCO. The PP shall account for GP from acquisition through disposal and the PP shall be maintained in an electronic format. The PP shall be updated as needed to ensure property management processes meet contract requirement. At a minimum, the PP shall be reviewed and updated annually, and submitted with a summary change page to the PCO for approval. (CDRL A001)

3.2 GP is furnished “as is” IAW FAR 52.245.1(d)(2) (iii). Generally, the Government will not replace GFP provided ‘as is, where is’ when it becomes uneconomical to maintain. Replacement of any item by the Government is discretionary and will be determined on a case-by-case basis.

4. MODIFICATIONS:

4.1 Prior to any modifications to GP, the SCAAP Government staff shall be notified in writing and approval from the PCO must be received. The request shall include:

property number, location, and a description of the item to be modified to ensure identification. If the modification is a repair which returns the GP to its original condition, this does not apply.

4.2 Any repair or modification of property furnished “as is” shall not affect the title of the Government unless expressly agreed to by the PCO. Unless approved as temporary, or for a specific/limited time period identified by the PCO, modifications are considered to be permanent. For modifications approved by the PCO as temporary or for specific/limited time periods, the modifications shall be removed and item shall be returned to its original condition, less reasonable wear and tear, for acceptance by GPA at end of the contract. Should the Contractor modify GP without GPA or PCO approval, the Government may take complete ownership of the property and any associated IP, or require the Contractor to restore the GP to its original condition, at the PCO’s sole discretion.

4.3 Prior to any movement of GP, the Government shall be notified in writing, and approval must be received from the SCAAP GPA and PCO. The request shall include property number, location prior to movement, proposed location after movement, a description of why the GP needs to be relocated, and the plan for returning the GP back to its original location. At the end of the Property Management contract or once the GP no longer has any requirements in its new location, the GP shall be returned to its original location, in the same/similar condition with acceptable wear and tear. Any maintenance/repair costs as a result of contractor negligence shall be the responsibility of the contractor.

5. GOVERNMENT REVIEWS:

5.1 SCAAP Government staff shall have access to all GP, including GP in possession of subcontractors/tenants, for purposes of reviewing, inspecting, and evaluating the Contractor’s property control system and management procedures. This shall include plans, records, systems, and supporting documentation that pertain to accountability, preventative maintenance, and protection of GP (reference FAR 52.245-1(f) and (g).

5.2 Contractor shall support pre-visits, on-site visits, and follow-up activities.

Historically, SCAAP has supported an average of 3 visits annually. Before the visit, the Contractor may be required to review past findings, gather information and maps, plan meetings, and arrange escorts. During the visit, the Contractor may be required to discuss its programs, provide information and maps, plan and participate in meetings, and escort visitors to various locations on the installation.

6. PERSONAL PROPERTY:

6.1 The quantity of vehicles (i.e., construction and engineering equipment, materials handling equipment, special purpose and special design vehicles) shall be consistent with mission requirements or purposes for which the vehicles were acquired and require approval in a Tables of Distribution and Allowances (TDA).

Equipment Control Record and Reports and Usage Reports are required to be established and maintained on all TDA equipment.

6.2 The Contractor shall supply his own vehicles (i.e., automobile sedan, class II compact, truck cargo, truck carryall, and truck stake). Equipment operators shall possess appropriate licenses prior to operation of GP which is motorized (i.e., vehicles, construction equipment, and TDA equipment). A copy of these licenses will be available upon request to the Administrative Contracting Officer (ACO).

6.3 Personal Property Reports/Records:

6.3.1 Contractor shall report to the GPA within four (4) hours after Lost, Theft, Damaged, or Destroyed of GP provided under this contract. (CDRL A002) The Contractor shall use the DCMA eTools software application for reporting loss of GP (reference DFARS 252.245-7002).

6.3.2 The following reporting requirements are in addition to those identified in

FAR 52.245-1:

6.3.2.1 Contractor shall prepare the Report of Disposition of Contractor Inventory (DD Form 1638) and submit to the GPA for review and approval AMSJM-LG- (DFARS 245.602.70). This report shall be submitted on a quarterly basis (on or before 10 April, 10 July, 10 October, and 10 January). (CDRL A003)

6.3.2.2 Contractor shall establish and maintain accountability of personal property inventory in the Army’s Accountable Property System for Record (APSR) (currently identified as Defense Property Accountability System). Inventory accountability shall be updated within 20 working days of acquisition, within 10 calendar days of disposal, or other data changes (i.e. inventory date updates) to facilitate compliance with DoD requirements for asset management, accountability, and financial reporting. A monthly report showing these changes shall be provided to the GPA. The database shall be used to record all mission essential, serial managed, sensitive, pilferable, and controlled inventory, regardless of acquisition cost. The Army Enterprise Systems Integration Program (AESIP) or its replacement shall be used to assign National Stock Numbers (NSNs) or Non-Standard NSNs to all equipment currently listed in, as well as new acquisitions to, the APSR. (CDRL A004)

6.3.2.3 Contractor shall establish and maintain readily accessible document files within 10 calendar days of receipt with source documentation for all GFE to facilitate Government financial and management reporting requirements, such as capital asset depreciation reports and Chief Financial Officer Act financial statements. When no source document is available the contractor shall use DD Form 1342, or other designated form to establish the file and to document the asset value and the estimating method used to determine the asset value.

6.4 Personal Property Inventories: Contractor shall inventory and make all adjustments to property data base of all Government Property. The inventory frequency is listed below:

6.4.1 GP with acquisition cost of $5,000 and greater shall be physically inventoried every three years.

6.4.2 Upon completion or termination of the contract, the Contractor shall perform 100% physical inventory of all personal property to include all Low Value Property.

6.4.3 Other inventory frequencies as determined by the GPA for mission essential, serially managed, sensitive items or controlled inventory, such as weapons, precious metals, etc.

6.4.4 Contractor shall support other inventories as directed by JMC, AMC and

DA.

6.5 Disposal of Personal Property:

6.5.1 Contractor shall be responsible for identification and disposal of excess personal property IAW requirements of the PP, and 52.245-1(j), and DFARS 252.245-7004 . The Contractor shall use the DCMA eTools software application to initiate Plant Clearance cases in coordination with the SCAAP Government Plant Clearance Officer.

6.5.2 Prior to excess action, items will be assessed for potential contaminations, such as asbestos, Polychlorinated Biphenyl, explosives, etc.

Contaminated items shall be disposed of IAW applicable laws and regulations.

6.5.3 All proceeds from the sale of GP shall be deposited into an overhead account to be retained by the contractor and used as directed by the ACO.

A monthly report of the funds, showing receipts and expenses, shall be made to the ACO, or his/her designee, who will have the right to examine all records relating to the sales. These funds will be the property of the Government and upon completion of this contract, will be assigned to any follow-on contract or a check issued to the U.S. –Treasury (CDRL A005).

6.6 Item Unique Identification (IUID):

6.6.1 Contractor is responsible to fully implement IUID requirements IAW DFARS 252.211.7003 and DFARS 252.211-7007 for the legacy GP provided to the Contractor and new GP acquisitions, as applicable.

6.6.2 Information for the IUID Registry can be found in the DoD Guide to Uniquely Identifying Items. The Guide and other information on IUID implementation are available at the DoD IUID website:

http://www.acq.osd.mil/dpap/pdi/uid/index.html.

7. REAL PROPERTY/REAL ESTATE:

7.1 The PP shall include management plans, systems and procedures for accountability, management and inventory of real property.

7.2 Real Property shall be physically inventoried once every three years.

7.3 Contractor shall conduct annual Utilization Surveys (reference AR 405-70).

7.4 Contractor shall establish and maintain document files with source documentation to support the financial and management information on all real property assets (reference AR 405-45, DoDI 4165.14 and Real Property Audit Readiness Handbook).

7.5 Regulation/pamphlets for Real Estate/Property (405- Series) are available at Army Publication Directorate homepage: http://www.apd.army.mil/ to use as reference and guidance for Real Property acquisition, management/outgrant, inventory, utilization, and disposal. Such actions will be coordinated with the GPA for Army staffing and approval.

7.6 Reporting/Records

7.6.1 Contractor shall maintain new and existing installation maps and utility maps. Installation and utility maps prepared under this contract shall be created or maintained in electronic format and available for Government review. The Contractor shall review “as built” property drawings and update when required or when modifications are completed.

7.6.2 Contractor shall input and maintain the Real Property Inventory (RPI) in the Army’s APSR (currently identified as General Fund Enterprise Business System (GFEBS)). The RPI shall be maintained as transactions occur and IAW statutory and regulatory guidance to facilitate data extractions by higher headquarters for routine and special reporting requirements (i.e., financial statements, Facilities Reduction Program, Utilization Surveys, etc.) (reference AR 405-45).

7.7 Base Operations Reporting

7.7.1 The operating contractor at SCAAP will comply with all base operations reporting requirements as described in AR 420-1. These requirements include, but are not limited to:

7.7.1.1 Real Property Planning and Analysis System (RPLANS) will be updated to reflect installation real property status and requirements.