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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

Date of text: 1996-09
I223   52.245-9G11   GOVERNMENT-OWNED TOOLING   DSCR (SEP 1996)

    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) DEV (Dec 1989), 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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