Radford Army Ammunition Plant - DRAFT Solicitation

ARMS Program Scope and Objectives Purpose: The ARMS Program (10 USC 7551-7555) reduces government-ownership costs at Government-Owned, Contractor-Operated (GOCO) facilities while maintaining readiness. The Contractor may be authorized to utilize Radford Army Ammunition Plant (RFAAP) assets for commercial, non-government, third-party, and tenant use in accordance with FAR Part 45. Contractor Objectives: To participate in and execute the ARMS Program, the Contractor shall: Actively market RFAAP capabilities and execute commercial use of the facility. Promote small business utilization and the creation of commercial jobs to retain critical mission skills. Track, maintain, and report all costs, revenues, and benefits within the Facility Contractor Account (FCA). Ensure all commercial and tenant activities adhere to the most recent versions of applicable Army Regulations (ARs) and provide timely responses to all higher headquarters ARMS taskers. Definitions Consideration: The cause, motive, price or impelling influence inducing a party (government, contractor, tenant, etc.) into a contract/agreement. It can be either monetary or non-monetary. Monetary (rent) or non-monetary (pre-approved services in-lieu-of-rent) compensation for the use of Government assets. Contractor Incentive fee (CIF): The portion of the gross ARMS consideration provided to the Contractor as compensation for property management and marketing. Facility Contractor Account (FCA): The account tracking and holding gross ARMS consideration/revenue. Request for Use of Facility (RUF): A proposal requesting use of Government assets for third-party work (direct sales by the Contractor to commercial industry, tenants, or the Government). Tenant Use Agreement (TUA): An agreement between the Contractor and a authorizing the use of government assets. (The Government is not a party to a TUA). Revenue: Total (cash) consideration generated at RFAAP under the ARMS program to include tenant rent and revenue from third-party activities. TUAs and RUFs General Authorization and Liability: The Contractor shall ensure tenants comply with all applicable installation regulations and flow-down clauses. Prior to any tenant occupying property under an approved Tenant Use Agreement (TUA), the Contractor shall decontaminate facilities and equipment to the appropriate degree necessary to ensure all buildings and equipment meet OSHA standards and explosive siting requirements are met in accordance with PWS 9, Safety, Occupational Health, and Industrial Hygiene. The Government is not a party to TUAs; the Contractor and tenants shall hold the Government harmless if a Request for Use of Facility (RUF) is not approved, renewed, or transferred. Tenant RUFs: The Contractor shall submit one RUF request per tenant to the PCO for approval (CDRL A12-001). TUAs shall not exceed current ARMS legislative time limits (currently 25 years). Creditworthiness: The Contractor shall verify tenant creditworthiness (e.g., Dunn & Bradstreet, bank references) prior to submission and provide results to the Government upon request. Execution & Publishing: The Contractor shall provide a signed copy of the TUA to the PCO within 30 days of execution. All TUAs must include a release granting the Government full rights to publish the agreement for future competition or conveyance purposes. Facility Condition: Following RUF approval but prior to occupancy, the Contractor and tenant shall conduct a joint walk-through to document asset conditions and contamination. This Condition Assessment Report shall be provided to the PCO and updated as conditions change (CDRL A12-002). Expiration & Status: The Contractor shall submit an annual TUA Status Report to the PCO by 30 September (CDRL A12-003). TUA renewal/option requests must be submitted at least 60 calendar days prior to expiration. Termination & Closeout: Upon TUA termination or expiration, the Contractor shall conduct an exit inspection to ensure all property, manuals, licenses, and modifications are returned in their original condition (less fair wear and tear). The Exit Inspection Report shall be provided to the PCO within 30 days of expiration (CDRL A12-004). Termination settlement costs shall be governed by FAR Part 49. Prohibition on Subleasing: The Contractor shall not allow any ARMS tenant to sublease, assign, or otherwise transfer their rights or interest in the Government assets to any other entity. The Contractor shall ensure all TUAs explicitly prohibit subleasing or third-party occupancy of the authorized assets. Third-Party Commercial Use (RUFs): The Contractor shall submit a RUF to the PCO for each third-party production order prior to beginning production (CDRL A12-005). RUFs shall not extend past the period of performance of the facility contract. If an order changes (e.g., quantity, End Use, assets used), a revised RUF must be submitted for re-approval. Required Proposal Documentation (RUFs): All RUF submissions must include, at a minimum: Justification of ARMS program benefits and the ARMS project scoring package. Period of Performance and Statement of Work (SOW). ARMS Mandatory Checklist and ARMS Safety Checklist. Appropriate environmental documentation, permits, and Explosive Site Safety Plan (ESSP), if required. A detailed cost breakdown (labor, materials, ODCs, indirect costs). For TUAs: Request for 10 USC 2692 waiver if treating/storing non-DoD hazardous material. In addition, the Contractor shall include the nomenclature, national stock number, quantities, and owner of all non-DoD hazardous materials proposed. The Contractor shall not allow any material not owned by the Tenant to be treated/stored onsite. For RUFs: Customer purchase order, End Use Certification, and specific list of Government assets to be utilized. Consideration and Financial Management Consideration Calculation: Tenant Use: Consi…