Common use of Disposition instructions Clause in Contracts

Disposition instructions. The Contracting Officer shall provide the Contractor with disposition instructions for special tooling identified in a list or notice submitted under paragraphs (c), (d), or (h) of this clause. The instructions shall be provided within 90 days of receipt of the list or notice, unless the period is extended by mutual agreement. The Contracting Officer may direct disposition by any of the methods listed in subparagraphs (1) through (4) of this paragraph, or a combination of such methods. Any failure of the Contracting Officer to provide specific instructions within the 90-day period shall be construed as direction under subparagraph (i)(3). (1) The Contracting Officer shall give the contractor a list specifying the products, parts, or services for which the Government may require special tooling and request the Contractor to transfer title (to the extent not previously transferred under any other clause of this contract) and deliver to the Government all usable items of special tooling that were designed for or used in the production or performance of such products, parts, or services and that were on hand when such production or performance ceased. (2) The Contracting Officer may accept or reject any offer made by the Contractor under paragraph (e) of this clause to retain items of special tooling or may request further negotiation of the offer. The Contractor agrees to enter into the negotiations in good faith. The net proceeds from the Contracting Officer’s acceptance of the Contractor’s retention offer shall either be deducted from amounts due the Contractor under this contract or shall be otherwise paid to the Government as directed by the Contracting Officer. (3) The Contracting Officer may direct the Contractor to sell, or dispose of as scrap, for the account of the Government, any special tooling reported by the Contractor under this clause. The net proceeds of all sales shall either be deducted from amounts due the Contractor under this contract or shall be otherwise paid to the Government as directed by the Contracting Officer. To the extent that the Contractor incurs any costs occasioned by compliance with such directions, for which it is not otherwise compensated, the contract price shall be equitably adjusted in accordance with the Changes clause of this contract. (4) The Contracting Officer may furnish the Contractor with a statement disclaiming further Government interest or rights in any of the special tooling listed.

Disposition instructions. The Contracting Officer shall provide the Contractor Seller with disposition instructions for special tooling identified in a list or notice submitted under paragraphs (c3), (d4), or (h) 8) of this clause. The instructions shall be provided within 90 ninety days of receipt of the list or notice, unless the period is extended by mutual agreement. The Contracting Officer may direct disposition by any of the methods listed in subparagraphs (1i) through (4iv) of this paragraph, or a combination of such methods. Any failure of the Contracting Officer to provide specific instructions within the 90-ninety day period shall be construed as direction under subparagraph (i)(39)(iii). (1i) The Contracting Officer shall give the contractor Seller a list specifying the products, parts, or services for which the Government may require special tooling and request the Contractor Seller to transfer title (to the extent not previously transferred under any other clause of this contract) and deliver to the Government all usable items of special tooling that were designed for or used in the production or performance of such products, parts, or services and that were on hand when such production or performance ceased. (2ii) The Contracting Officer may accept or reject any offer made by the Contractor Seller under paragraph (e5) of this clause to retain items of special tooling or may request further negotiation of the offer. The Contractor ▇▇▇▇▇▇ agrees to enter into the negotiations in good faith. The net proceeds from the Contracting Officer’s 's acceptance of the Contractor’s ▇▇▇▇▇▇'s retention offer shall either be deducted from amounts due the Contractor Seller under this contract or shall be otherwise paid to the Government as directed by the Contracting Officer. (3iii) The Contracting Officer may direct the Contractor Seller to sell, sell or dispose of as scrap, for the account of the Government, any special tooling reported by the Contractor Seller under this clause. The net proceeds of all sales shall either be deducted from amounts due the Contractor Seller under this contract or shall be otherwise paid to the Government as directed by the Contracting Officer. To the extent that the Contractor Seller incurs any costs occasioned by compliance with such directions, for which it is not otherwise compensated, the contract price shall be equitably adjusted in accordance with the Changes clause of this contract. (4iv) The Contracting Officer may furnish the Contractor ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ with a statement disclaiming further Government interest or rights in any of the special tooling listed.