Boeing Commercial Airplanes (BCA) Terms and Conditions
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3XXX -- MANUFACTURING/ENGINEERING/TOOLING |
NEW
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OLD
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REV
NO. |
CLAUSE
TITLE/TEXT |
30XX |
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CONFIGURATION
MANAGEMENT |
3001
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245
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CONFIGURATION
MANAGEMENT |
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1.
The Seller shall maintain engineering, manufacturing,
and quality controls such that the configuration
of items scheduled for delivery under this Purchase
Order/Contract conforms to the performance specifications
defining the item, and the configuration management
requirements set forth in the following tasks.
2. The Seller shall at any time after Purchase
Order/Contract award, secure the written consent
of Boeing prior to making any change to the item,
if one or more of the following is affected:
a. The function, installation, or the physical
or operational interchangeability of the item,
repairable parts, and/or the spares support;
b. Current applicable installation, operation
or other procedures with respect to the use thereof;
c. Federal Aviation Administration (FAA) certification
(e.g., Technical Standard Order);
d. The specified requirements of: performance,
weight, safety, reliability, service life, and
maintainability;
e. Delivered items (rework, replacement or maintenance);
f. Qualification status.
3. The Seller shall give written notice to Boeing
using Seller's own change form, describing any
proposed change as described in Paragraph 2, in
sufficient detail (including cost and schedule
impact analysis) to enable an understanding by
Boeing of the total impact of the change. Supplemental
documentation (exhibits, sketches, drawings, draft
retrofit information, etc.) shall be included.
4. Boeing will, within 30 days after receipt
of such change proposal, advise Seller of either
its consent to, its rejection of, or the status
of Boeing's consideration of such change. In no
event shall Seller proceed to incorporate such
change into the items ordered on the Boeing Purchase
Order/Contract prior to receipt of written consent
by Boeing.
5. A new Seller part number identification shall
be assigned to all items to be delivered to Boeing
when approved changes are made to the article.
6. The Seller shall have the right to make changes
under the Purchase Order/Contract, without obligation
to make such changes in any delivered items, without
an increase in price, and without prior Boeing
approval, if the change does not affect any of
the factors outlined above in Paragraph 2. These
changes will require Boeing concurrence in classification.
7. The Seller shall make revisions to and furnish
all data (drawings, catalogs, technical manuals,
etc.) submitted under the Purchase Order/Contract
that are affected by the change. |
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8.
Changes requiring Boeing concurrence in classification
shall be submitted immediately to the Boeing Purchasing
Representative using the Seller's own change form
and revised data. These changes may be released
at the same time for incorporation, by the Seller,
at the Seller's facility. However, no changes
shall be incorporated in the item within 30 days
prior to shipment to Boeing.
Note: all changes incorporated in the item prior
to Boeing concurrence are done so at Seller's
risk (see Paragraph 9).
9. After concurrence in classification review
of Seller's revised data, Boeing reserves the
right to reclassify the change and return to the
Seller for processing in accordance with Paragraphs
2 through 5. Seller will be notified within 30
days after receipt if Boeing rejects the change
classification. No response denotes Boeing concurrence.
10. Vendor Information Checklist: Forms DAC 26-887,
"Supplier Checklist Vendor Information Request
(Excluding Waivers)" and DAC 26-888, "Supplier
Checklist Vendor Information Request -- Waivers,"
are incorporated herein by reference. These forms
shall be used by Seller to submit inquiries and/or
recommendations to Boeing, as needed. Note: The
referenced Forms may be found in Section V of
the Form DAC 26-730. |
(END
OF CLAUSE) |
31XX |
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VALUE
ENGINEERING |
3101
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271
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VALUE
ENGINEERING -- COMMERCIAL PROCUREMENTS |
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1.
This Clause applies to those cost reduction proposals
initiated and developed by Seller for changing
the drawings, designs, specifications, or other
requirements of this Purchase Order/Contract.
This Clause does not, however, apply to any such
proposal unless it is identified by Seller at
the time of its submission to Boeing as a proposal
submitted pursuant to this Clause.
2. The Value Engineering Change Proposals (VECP)
contemplated are those that:
a. Would require, in order to be applied to this
Purchase Order/Contract, a change to this Purchase
Order/Contract; and
b. Would result in savings to Boeing by providing
a decrease in the cost of performance of this
Purchase Order/Contract without impairing any
of the items' essential functions and characteristics
such as service life, reliability, economy of
operation, ease of maintenance, and necessary
standardized features.
3. As a minimum, the following information shall
be submitted by Seller with each VECP:
a. A description of the difference between the
existing Purchase Order/Contract requirement and
the proposed change, and the comparative advantages
and disadvantages of each;
b. An itemization of the requirements of the
Purchase Order/Contract which must be changed
if the proposal is adopted, and a recommendation
as to how to make each such change (e.g., a suggested
revision);
c. An estimate of the reduction in performance
costs, if any, that will result from adoption
of the proposal, taking into account the costs
of development and implementation by Seller (including
any amount attributable to subcontracts in accordance
with Paragraph 6 below) and the basis for the
estimate;
d. A statement of the time by which a change
order adopting the proposal must be issued so
as to obtain the maximum cost reduction during
the remainder of this Purchase Order/Contract,
noting any effect on the Purchase Order/Contract
completion time or delivery schedule; and
e. The dates of any previous submissions of the
proposal, the numbers of the Purchase Order/Contract
under which submitted, and the previous actions
by Boeing, if known.
4. VECPs shall be processed expeditiously, however,
Boeing shall not be liable for any delay in acting
upon any proposal submitted pursuant to this Clause.
Seller does have the right to withdraw, in whole
or in part, any value engineering change proposal
not accepted by Boeing within the period specified
in the proposal. The decision of Boeing as to
the acceptance of any such proposal under this
Purchase Order/Contract shall be final and shall
not be subject to the disputes Clause, if any,
of this Purchase Order/Contract.
5. Purchase Order/Contract modifications made
as a result of this Clause will state that they
are made pursuant to it. |
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6.
If a proposal submitted pursuant to this Clause
is accepted and applied to this Purchase Order/Contract,
an equitable adjustment in the Purchase Order/Contract
price and in any other affected provisions of
this Purchase Order/Contract shall be made. The
equitable adjustment shall be established by determining
the effect of the proposal on Seller's cost of
performance, taking into account Seller's cost
of developing and implementing the proposal, insofar
as such is properly a direct charge and not otherwise
reimbursed under this Purchase Order/Contract.
When the cost of performance of this Purchase
Order/Contract is decreased as a result of the
change, the Purchase Order/Contract price shall
be, as to the instant Purchase Order/Contract,
reduced by fifty percent (50%) of the total estimated
decrease in Seller's cost of performance, and
as to option quantities or other extensions of
this Purchase Order/Contract, reduced by eighty
percent (80%) of the total estimated decrease
in Seller's cost of performance.
7. Seller will use its best efforts to include
appropriate value engineering arrangements in
any subcontract which, in the judgment of Seller,
is of such a size and nature as to offer reasonable
likelihood of value engineering cost reductions.
For the purpose of computing any equitable adjustment
in the Purchase Order/Contract price under Paragraph
5, above, Seller's cost of development and implementation
of a cost reduction proposal which is accepted
under this Purchase Order/Contract shall be deemed
to include any development and implementation
costs of a subcontractor and any value engineering
incentive payments to a subcontractor, or cost
reduction shares accruing to a subcontractor,
which clearly pertain to such proposal and which
are incurred, paid or accrued in the performance
of a lower-tier subcontract under this Purchase
Order/Contract.
8. A VECP identical to one submitted under any
other Purchase Order/Contract with Seller or another
contractor may also be submitted under this Purchase
Order/Contract.
9. Seller may restrict Boeing's right to use
any sheet of a Value Engineering Proposal or of
the supporting data, submitted pursuant to this
Clause, in accordance with the terms of the following
legend if it is marked on each sheet:
"This data furnished pursuant to the Value
Engineering Incentive Clause of Purchase Order/Contract
shall not be disclosed outside Boeing, or duplicated,
used or disclosed, in whole or in part, for any
purpose other than to evaluate a value engineering
proposal submitted under said Clause. This restriction
does not limit Boeing's right(s) to use information
contained in this data if it is or has been obtained,
or is otherwise available, from Seller or from
another source, without limitations. If such a
proposal is accepted by Boeing under said Purchase
Order/Contract after the use of this data in such
an evaluation, Boeing shall have the right to
duplicate, use, and disclose any data reasonably
necessary to the full utilization of such proposal
as accepted, in any manner and for any purpose
whatsoever, and have others so do." |
32XX |
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TOOLING
(USE ONLY) |
3201
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116
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USE
ONLY TOOLING |
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Title
to any tooling required for the production of
items to be delivered under this Purchase Order/Contract
shall remain in Seller. Seller shall maintain
such tooling in a serviceable condition, and preserve
and administer it for the exclusive use of Boeing,
except as otherwise provided under this Purchase
Order/Contract. Seller shall adequately identify
such tooling and shall be liable for any loss
or damage thereto, including any expense incidental
to such a loss or damage. Such tooling shall not
be removed or disposed of without prior written
agreement from Boeing authorizing disposition
or relinquishing Boeing's rights to further use
of the tooling.
Payment of die or mold charges to be made after
acceptance by Boeing quality control of first
production articles. Invoice shall be accompanied
by a Boeing approved First Article Inspection
Report, Form DAC 2-211. |
33XX |
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TOOLING
(CASTING ONLY) |
3301
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930**
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PAYMENT
FOR CASTING TOOLING |
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Payment
of casting dies, patterns, molds and machining
fixture charges to be made upon the following
criteria:
1. All rough casting tooling invoices must be
accompanied by a Boeing approved First Article
Inspection Report (F.A.I.R.). Authorization for
payment will not occur until the Boeing Tool Completion
Report (Form DAC 26-611) is completed by the Boeing
Purchasing Tool Liaison Department Representative.
2. All machining tooling invoices must be accompanied
by a Boeing approved F.A.I.R of the machined part.
Authorization for payment will not occur until
the Boeing Tool Completion Report (Form DAC 26-611)
is completed by the Boeing Purchasing Tool Liaison
Department Representative. |
34XX |
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TOOLING
(FORGING ONLY) |
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RESERVED
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35XX |
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SPECIAL
TOOLING |
3501
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124
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SPECIAL
TOOLING |
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Boeing
to furnish all special tooling. |
3510 |
(805**) |
052710 |
Deleted. |
3511 |
(806**) |
052710 |
Deleted. |
36XX |
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TOOLING
(MISCELLANEOUS) |
3601
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502
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TOOLING
RIGHTS |
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Seller
hereby grants Boeing the option to purchase Seller's
tooling required for performance of this Purchase
Order/Contract, including use rights for forging
dies, the full cost of which is not charged hereto.
Boeing and Seller shall negotiate an equitable
price for the tooling reflecting factors such
as depreciation, amortization and state of repair.
Boeing may exercise the option by written notice
to Seller at any time prior to final payment hereunder.
In the event this Purchase Order/Contract is
placed under a Government contract, Boeing may
exercise the foregoing right on behalf of the
Government. |
3610
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880
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NUMERICAL
CONTROL OF SOFT TOOLING |
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The
price stated herein includes the cost of Numeric
Control (N/C) soft tooling, which is defined as
magnetic tapes, punched mylar tapes, source decks,
or other items used to control the speed, feed and
direction of machine tools. Title to all items of
such N/C soft tooling specially developed for and
used in the manufacture of the goods herein ordered
shall vest in Boeing prior to any use by Seller.
Seller shall maintain in serviceable condition,
preserve and account for all such N/C soft tooling.
Upon completion of this Purchase Order/Contract,
Seller will deliver all such N/C soft tooling to
Boeing, or otherwise dispose of it as directed by
Boeing. |
NEW
NO. |
OLD
NO. |
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CLAUSE
TITLE/TEXT |
37XX |
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MISCELLANEOUS |
3701
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893
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WEIGHT
CONTROL |
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Until
final acceptance by Boeing of Seller's design
and first production article, Seller shall furnish
to Boeing monthly reports setting forth the current
actual weight of the first production article
and the current anticipated weight of the other
production articles. Any such report which either
indicates actual or anticipated noncompliance
with any weight requirement in this contract or
indicates an increase in anticipated weight over
the weight indicated in the last monthly report
shall also be accompanied by a report setting
forth the following:
1. All pertinent reasons for overweight or increase
in anticipated weight.
2. Changes in Seller's design or choice of material
which Seller considers feasible to enable Seller
to conform to weight requirements or prevent the
anticipated increase in weight without change
or only nominal changes to drawings, specifications
and engineering requirements.
3. Recommendations by Seller regarding changes
in drawings, specifications, and engineering requirements
which would enable Seller to conform to the weight
requirements or prevent the increase in anticipated
weight without sacrifice to the fitness, suitability
and serviceability of the articles for their intended
use and purpose.
4. Other recommendations which Seller considers
necessary or desirable in connection with the
overweight or increase in anticipated weight.
Before submittal of the next monthly report, Seller
and Boeing shall agree upon a recommendation or
other course of action to enable Seller to conform
to the weight requirements. If any article delivered
to Boeing fails to conform with the weight requirement,
Boeing may reject such article or take other action
in accordance with the general provision entitled,
"Inspection, Acceptance and Rejection." |
3710
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844
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SINGLE
LOT MANUFACTURE |
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Items
will be manufactured in one lot or from a single
dye lot of material in order to assure a color match.
Adhesive and/or perforation operations, if required,
will be performed at a subsequent time consistent
with meeting the delivery schedule. |
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*New Clause, no corresponding Clause number assigned under "old" scheme.
**New Clause, "old" number assigned for Boeing
internal use only.
***Clause not published in 1/87 edition of DAC 26-730, but was applied as a full text attachment to purchase orders. |
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