SUP 5252.245-9409 Facilities (JAN 1992). Insert the following clause in Basic Ordering Agreements under which orders will be issued for spare and repair parts. (*) Insert the contract numbers under which the facilities are accountable.

SUP 5252.245-9409 FACILITIES (JAN 1992)

1. In the performance of all orders under this Basic Ordering Agreement other than orders for Foreign Military Sales (FMS), the Contractor is authorized to use on a rent-free and no-charge-for-use basis those facilities provided under Contracts \________\. In addition, on all non-FMS orders, Subcontractors are authorized to use on a rent-free basis those facilities furnished to them under facilities contracts which provide for use, without charge, of Government owned facilities furnished thereunder subject to the terms and conditions of such facilities contracts. On all orders (FMS and non-FMS) issued under this Basic Ordering Agreement, the Contractor and/or his Subcontractor(s) are also authorized to use, on a rent-free and no-charge-for-use basis, Government property (i.e., tooling and test equipment), Special Tooling and Special Test Equipment which is in the Contractor's possession and which is not covered by a facilities contract. Such use is subject to the terms and conditions of the contract(s) under which the tooling or test equipment is held.
2. The Contractor warrants that it will not include in the prices inserted in any non-FMS order issued hereunder any factor for the rental, depreciation or amortization of such facilities, special tooling or special test equipment and warrants that its subcontract prices of subcontracts on which use of facilities, special tooling or special test equipment on a no-charge-for-use basis is authorized will also not include any factor for the rental, depreciation or amortization of such facilities, special tooling, or special test equipment.
3. If the facilities, special tooling or special test equipment are withdrawn from the Contractor or Subcontractor by the Government, or if permission to use on a no-charge-for-use basis is withdrawn from Contractor or Subcontractor at any time prior to or during the performance under any orders issued hereunder, the Contractor shall immediately notify the Contracting Officer, in writing, and advise the Contracting Officer of the steps the Contractor or Subcontractor will take to replace the property withdrawn or no longer authorized for use. The price and delivery schedule of such order shall be equitably adjusted as evidenced by a Supplemental Agreement thereto. Failure to agree upon such equitable adjustment in price and delivery shall constitute a dispute concerning a question of fact within the meaning of the clause of the contract entitled "Disputes".