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DSCR I223: GOVERNMENT-OWNED TOOLING
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Section: I
DPACS Code: I223
BSM Code: I45F34
Clause Number: 52.245-9G11
Type: LOCAL
Clause last updated: 2004-10
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Date of text: 2004-10 (current version)
I223 52.245-9G11 GOVERNMENT-OWNED TOOLING DSCR (OCT 2004)
AND
I45F34
Offers submitted on the basis of utilization of Government-owned
tooling, as specified herein, must offer the total quantity listed
in the solicitation.
(a) Availability:
(1) Tooling/set(s) of tooling as listed in the attachment
to this solicitation is available and may be inspected at:
(2) The Contractor will be responsible for repairs and
replacements to the tooling/set(s), if any, and all such repairs and
replacements will be accomplished by the Contractor at his own expense.
The Contractor is required to maintain special tooling in accordance
with sound industrial practice. This is understood to mean that, in
addition to the specified repairs and replacements, if any, the
Contractor will furnish all repairs and replacements necessary to
maintain the tooling/set(s) in a condition to produce specification
items throughout the period of production.
(3) Such tooling will be furnished "as is" in accordance
with the Clause in FAR 52.245-19, Government Property Furnished "As Is"
(APR 1984) of this solicitation.
(b) Inspection of Tooling: Offerors whose offer is based on the
use of the Government-owned tooling must satisfy themselves that such
tooling is suitable for their use. Any costs of transporting,
installing, modifying, repairing, or otherwise making the tooling
suitable for use shall be borne by the successful offeror. If a
prospective offeror is interested in inspecting the Government-owned
tooling, arrangements should be made by contacting the Production
Support Branch, Directorate of Business Operations, Defense Supply
Center Richmond, 8000 Jefferson Davis Highway, Richmond, VA 23297-5862
(Phone (804) 279-3152 - 8:00 AM - 4:00 PM) at least ten (10) working
days prior to the time of the inspection to be made at the location
indicated in paragraph (a)(1) above.
(c) Use of tooling: Each offeror must indicate below whether or
not his offer is based on the use of Government-owned tooling:
OFFER IS [ ] IS NOT [ ] BASED ON USE OF GOVERNMENT-OWNED
TOOLING LISTED HEREIN.
(d) Government Property Clauses:
(1) If the offer is based on the use of Government-owned
tooling, the provisions of FAR Clause 52.245-2, Government Property
(Fixed-Price Contracts) (JUN 2003), herein incorporated by
reference, are applicable.
(2) The tooling will be furnished FOB above location and
the Contractor will be required to bear all expense incident to the
transportation of the tooling from its present location to the
offeror's plant and incident to the return of the completed set
of tooling, including any additional tooling under the terms of the
contract, to the present storage location, upon termination or
completion of this contract. The successful offeror also agrees to
deliver the tooling to any point within the continental United States
if so directed by the Administrative Contracting Officer (ACO). If
this causes an increase or decrease in the cost of transportation, an
equitable adjustment will be made pursuant to the Changes Clause,
FAR 52.243-1. Any damage to Government-owned tooling incurred in
transit between point of storage and the Contractor's plant
will be reported to the ACO as soon as possible. After award, the
Contractor must furnish the ACO shipping instructions for the tooling
at least thirty (30) days prior to the date he intends to utilize the
tooling. The ACO will make necessary arrangements with DSCR Tooling
Monitor (see (b) above) for release and shipment of the tooling to the
Contractor's plant.
(3) If the successful offeror elects to use his own conveyance
in transporting the tooling between Government storage and his plant,
he must furnish the ACO with proof of insurance covering the movement
of the tooling equal to the total value of the tooling. This proof
shall be furnished at least 15 days before date of shipment.
(4) A sum of $ will be withheld for each set
of Government-owned tooling on loan to the Contractor until its return
to the Government in an acceptable condition. (The Government shall
be entitled on the sum withheld in accordance with the discount
provisions of the contract.)
(5) The delivery Schedule will be based on the assumption
that the initial delivery of Government furnished property will be made
to the Contractor within forty-five (45) days after award. If this
assumption is not realized, the Contracting Officer shall, upon timely
written request made by the Contractor, make an equitable adjustment
in accordance with the Government Property Clause.
(e) Joint Contractor-Government Preproduction Inspection of Tools:
(1) Upon receipt of the tooling, the Contractor shall:
(i) Unpack, deprocess, inspect, as well as repair
and/or replace tooling as required, assuring that tooling is in
condition for producing items to specification;
(ii) Use the tooling list (or facsimile) which
accompanied the tooling (and DLAM 4215.1) for conducting the
inspection and asserting the serviceability of the tooling;
(iii) Notify the ACO in writing at least thirty (30)
days before production is to begin that inspection, repairs and/or
replacement of tooling has been accomplished. Request a verification
of the condition of the tooling;
(iv) Assist the DCMA Quality Control Representative in
conducting his inspection;
(v) Accomplish additional repairs or replacement of
tooling as may be directed by the DCMA Quality Control Representative.
(2) Within fifteen (15) days of the Contractor's notification
that tooling is ready for inspection, the ACO will make arrangements
to have a DCMA Quality Control Representative conduct a verification
inspection of the tooling. The DCMA Quality Control Representative
will:
(i) Conduct a 100 percent visual inspection of all
tooling for obvious defects such as breakage, corrosion, and other
characteristics locally determined to be appropriate;
(ii) Review Contractor's preproduction inspection to
assure that adequate and accurate inspections were performed by the
Contractor and the condition of tooling, as represented on the
tooling list (or facsimile), is valid;
(iii) Assure that characteristics which are critical
to the usage of the tooling were included in the Contractor's
inspection;
(iv) Advise the Contractor regarding additional repairs
and/or replacements of tooling;
(v) Conduct reinspection, if necessary, for assurance
that additional repairs and/or replacements were accomplished, and
that corrections were made to tooling list (or facsimile) regarding
condition of equipment, if required;
(vi) Affix his signature to the tooling list (or
facsimile) as evidence that a verification inspection of the
condition of the tooling was made.
(f) Maintenance of Government Tooling:
(1) The Contractor shall conduct necessary maintenance
of the Government tooling during production in accordance with good
commercial shop practices. A detailed record shall be maintained of
all repairs made during production and these records shall be made
available to the Government for review upon request.
(2) The Government will not accept as an acceptable repair
the welding of worn, cracked, or broken components made of tool steel;
defective components of tool steel shall be replaced with new components.
(g) New Tooling:
(1) Thirty (30) days before completion or upon termination
of all or a substantial part of the work under this contract, the
Contractor shall furnish a list of all special tooling acquired or
manufactured by the Contractor for use in the performance of this
contract, other than special tooling acquired or manufactured to
replace tooling listed in the attachment which shall automatically
become Government property. The list shall specify the nomenclature,
tool number, related product part number, operation performed, and
unit cost of each special tool.
(2) Within ninety (90) days after receipt of any list
furnished pursuant to subparagraph (1) above, or such further period
as may be agreed upon by the parties, the Contracting Officer may
give notice to the Contractor that the Government desires to acquire
any or all such tooling on such list, and the Contractor will deliver
such tooling to the Government promptly. The price of such special
tooling delivered to the Government will be determined by the
Contractor's cost less amortization based on the ratio of the number
of parts produced by the tooling to the total estimated number of
parts which the tooling will produce.
(3) The Contractor shall furnish without additional cost
to the Government, detail and assembly reproducible engineering
drawings of each special tool which the Government exercises its
option to purchase pursuant to subparagraph (2) above. These
drawings shall conform to MIL-STD-100.
(h) Sample Parts from Tools - Last Pieces Produced:
(1) To assist in the evaluation of the tools during the
post-production inspection, sample parts, the last pieces produced by
each tool in the tool set at the end of production run, shall be
inspected by a DCMA Inspector during actual assembly and placed with
its appropriate tool until final tool acceptance. The sample shall be
processed only to the point of operation of the tool. Each sample
shall be permanently marked with tool number, contract number, and
date of manufacture by using an electric pencil or other means of
permanent marking which does not alter the size, shape, or finish
of the component.
(2) After tool acceptance, the sample parts shall be cleaned
and processed in accordance with paragraph (k)(2)(iii) below and
packed in accordance with paragraph (k)(2)(v) below.
(i) Joint Contractor-Government Post-Production Inspection of
Tools:
(1) Upon completion of production involving the use of the
tooling, or upon termination of the contract, the Contractor will:
(i) Accomplish required inspection replacements and
repairs to tooling;
(ii) Enter the following confirmation on the tool
listing (or facsimile):
"I confirm that the equipment (tooling) is in the same condition
as received, less fair wear and tear."
CONTRACTOR REPRESENTATIVE
(iii) Disassemble, clean, and reassemble tools (do not
process for storage);
(iv) Place sample parts with tools;
(v) Notify the ACO (in writing) within thirty (30) days
after completion of production, or termination of contract, that repairs,
replacements, and inspection requirements have been accomplished, and
request a verification of the adequacy and accuracy of such repairs,
replacements, and inspection, and
(vi) Assist the DCMA Quality Control Representative in
his inspection.
(2) Upon receipt of notification from the Contractor that
post-production repairs, replacements, and inspection requirements
have been completed, the ACO will make arrangements to have a DCMA
Quality Control Representative conduct an inspection of all
tooling. The DCMA Quality Control Representative shall:
(i) Conduct a 100 percent visual inspection of all
tooling for obvious defects such as breakage, corrosion, etc.;
(ii) Assure that an adequate and accurate inspection
was performed by the Contractor;
(iii) Assure that characteristics which are critical
to the usage of the equipment (tooling) were included in the
Contractor's inspection;
(iv) Assure that the tooling is in the same condition
as when received, less normal wear and tear;
(v) Validate the condition of the tooling by affixing
his signature adjacent to the Contractor representative's certification
on the tooling listing (or facsimile).
(3) Tooling list (or facsimile) which was used during the
preproduction inspection will be used to determine changes in condition
of the tooling between the tool inspections.
(4) During the post-production inspection, the Government
will take title to those tools acquired or produced by the Contractor
which are replacement tools for Government tools, or are tools specified
in the attachment as missing from the tool set furnished by the Government.
The Government representative will assign tool numbers to these tools, and
the Contractor will be required at this time to permanently indent each
tool with nomenclature of end item, tool number, and "U.S. Property" using
1/4" or larger metal stamps.
(j) Correction of Deficiencies Revealed During Post-Production
Inspection of Tools: The ACO will notify the Contractor within fifteen
(15) days after the post-production inspection of the results. The
Contractor will be given fifteen (15) days after this notification to
correct any deficiencies to the satisfaction of the Government. However,
if re-inspection of the tooling is required due to the tooling not being
properly repaired in accordance with requirements of the contract, the
Contractor shall be required to pay all costs involved in the re-inspection
and any resulting future inspections of the tooling. The costs will include,
but are not limited to, the costs of the Government technician's salary and
per diem, both while at the plant and in travel status, and all his
transportation costs between duty station and the Contractor's plant.
(k) Preparation for Delivery:
(1) The Contractor shall notify the ACO in writing at least
fifteen (15) days prior to the time processing and packing of the
tooling will begin, the ACO will make arrangements for a Government
inspector from DCMA to be present to observe the processing and packing
operations. The Contractor will be allowed thirty (30) days after
notification that the condition of the tooling has been accepted by
the Government to complete the cleaning, preservation packaging,
packing, and marking operations.
(2) Cleaning, preservation, packaging and packing the tooling
for long term storage shall be in accordance with Level A of MIL-STD-107
and shall be a continuous operation from start to finish. Work shall be
accomplished in a clean dust-free dry area.
(i) Cleaning:
(A) Tools shall be disassembled to degree necessary
to insure that all components are properly cleaned, i.e., remove stripper
and pressure pads, springs, sliding cams, etc. Disassembly shall be
accomplished only by qualified technicians.
(B) Thorough cleaning and drying shall be accomplished
before application of preservatives or paint. Cleaning shall be accomplished
in accordance with Military Specification MIL-P-116, Process C-1, followed
by Process C-5. Cleaning solvent shall conform to Federal Specification
P-D-680. After cleaning, the tools shall not be handled with bare hands.
(C) Tools shall be thoroughly dried in accordance with
the procedures listed under paragraph 3.3 of Military Specification
MIL-P-116.
(ii) Preservation: After cleaning and drying, all surfaces
both internal and exterior shall be preserved or painted.
(A) All non-precision metal surfaces shall be painted.
Surfaces where paint is missing shall be touched up or repainted. All
loose paint shall be removed before applying new paint. One coat of primer
conforming to Federal Specification TT-P-664, shall be applied to all areas
not already fully primed followed by a coat of gloss enamel conforming to
Federal Specification TT-E-489. For touch up, the enamel shall match the
existing color of the tool. For complete repainting, the color shall be
No. 16187 Gray, FED-STD-595.
(B) All precision metal surfaces except guide pins
and bushings shall be coated with corrosion preventative compound, solvent
cutback, cold application, conforming to MIL-C-16173, Grade 2. Tools shall
be permitted to vent for twenty-four hours after application of preservative
before packaging.
(C) Guide pins and bushings of dies shall be processed
with grease, automotive and artillery, conforming to Military Specification
MIL-G-10924.
(D) Tools shall be reassembled during the preservation
operation. Reassembly shall be accomplished by qualified personnel. Dies
will be blocked in open position to protect precision cutting and forming
components by placing a piece of thin wood material, wrapped in barrier
material conforming to Type 1, Grade C, Military Specification MIL-B-121,
between punch and die sections. The die shall be held together with metal
strapping.
(iii) Cleaning and Preservation of Sample Parts: Sample parts
shall be cleaned of all foreign substances in accordance with Procedure C-1
followed by Procedure C-5 of MIL-P-116, thoroughly dried, coated with
corrosion preventive compound, solvent cutback, cold application, conforming
to MIL-C-16173, Grade 2, allowed to vent for twenty-four hours, wrapped in
barrier material, grease proof, Type 1, Grade C, Specification MIL-B-121,
and placed in the same box, or crate, with the tool that produced it.
(iv) Packaging: Tooling processed in accordance with the
preceding instructions shall be over-wrapped with volatile corrosion
inhibitor treated material, conforming to Type 1, Class 1, Style D of
Specification MIL-P-3420. The treated side of this paper shall face the
tool. Sufficient excess materials shall be allowed to completely cover
the tool and overlap for a good seal.
(v) Packing: The boxes or crates in which tooling is
received by the Contractor are reusable providing they meet the boxing
or crating requirements, cited in sub-paragraphs (A) or (B) below. Such
boxes and crates may be used to return the tooling to the Government
providing that any repairs necessary to put them in good condition have
been made. The Contractor will bear all such repair costs together with
all costs of new or additional boxes or crates required to comply with
sub-paragraphs (A) or (B) below. All tooling will be returned in
individual boxes or individual crates. Crates will be utilized only
if tool weight exceeds allowable weight of 1000 pounds for Style 7
boxes. The tool shall be placed on the skidded base of the box or
crate, blocked and fastened in such a manner that it cannot move
during shipment. The last piece sample part which shows operation
performed by the tool will be packed in the box or crate with the
tool.
(A) Boxing: Boxes shall conform to Class 1,
Style 7, Type 3, Specification PPP-B-621. The hood shall be secured
to the base with screws. The box shall then be circled with two or
more metal straps, approximately 6" from each end. No straps shall
be more than 24" apart. Strapping and screws shall be of the size and
spaced as required by specification PPP-B-621. No box shall be less
than one cubic foot in size.
(B) Crating: Crates shall be made in accordance
with Type II, Class 1 or 2, Style A, MIL-C-104. The hood of the crate
shall be fastened to the base with screws.
(vi) Marking: All boxes and crates shall be marked on
one end and side in accordance with MIL-STD-129 and applicable change
notices. Each box or crate shall be marked with the following:
(A) Nomenclature of end item produced by the
tooling/set of tools.
(B) Inventory control number of tool in package.
(C) Tool number to tool in package.
(D) Weight and cube of package.
(E) Box number.
(l) Final Shipping instructions:
(1) The ACO will contact DSCR for shipping instructions.
DSCR will issue shipping instructions to the Contractor within thirty
(30) days after receipt of notification that the post-production
inspection and preparation for delivery are acceptable. No shipment
will be made by the Contractor prior to receipt of shipping
instructions. The Contractor shall return the complete set of tooling
as a unit.
(2) The Contractor shall store the tooling in an indoor,
clean, dry storage area at no cost to the Government between
completion of production and receipt of shipping instructions.
(3) The Contractor shall ship the tools within fifteen
(15) days after receipt of shipping instructions.
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