(5) Bidder identify the standard steel mill item used by the Contractor in the manufacture of the contract item. (6) Bidder insert the date set for bid opening, or the date of the Contractor's quotation if this is a negotiated contract. (7) Bidder insert the number of days which represents the Contractor's best estimate of the period of time required for processing the standard steel mill item in the shop identified in paragraph (c). (8) In negotiated procurements of nonstandard steel items, when there is no "established price" or When it is not desirable to use such price, this paragraph may refer to another appropriate price basis, such as an established interplant price. 7.106-3 Price Adjustment Clause for Standard Supplies. In accordance with 3.404-3 (c) (1)c, insert the following clause. ECONOMIC PRICE ADJUSTMENT-STANDARD The term (a) The Contractor warrants that the unit price stated herein for is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price which reflects requirements for preservation, packaging and packing beyond standard commercial practice. "established price" means one which (i) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (ii) meets the criteria of paragraph 3.807-1(b) (2) of the NASA Procurement Regulation. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor from his catalog, list, or schedule price. (b) The Contractor shall promptly notify the Contracting Officer as to the amount and effective date of each decrease in any applicable established price, and each corresponding contract unit price shall be decreased by the same percentage that the said established price is decreased. Such decrease shall apply to items delivered on and after the effective date of the CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS all decrease in the Contractor's established price, and this contract shall be modified accordingly. The Contractor shall certify on each invoice that each unit price stated therein reflects decreases required by this clause, or certify on the final invoice that all decreases required by this clause have been applied in the manner herein required. shall price (c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's request in writing to the Contracting Officer, by the same percentage that the established price is increased and the contract shall be modified accordingly, provided that: (1) The aggregate of the increases in any contract unit price made under this clause shall not exceed ten percent (10%) of the original contract unit price; (2) The increased contract unit price shall be effective on the effective date of the increase in the applicable established price if the Contractor's written request is received by the Contracting Officer within 10 days thereafter, but if not, the effective date of the increased unit price shall be the date of receipt by the Contracting Officer of such request. (3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price unless the Contractor's failure to deliver before such date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the "Default" clause of this contract; (4) No modification incorporating an increase in a contract unit price shall be executed pursuant to this clause until the increase in the applicable established price has been verified by the Contracting Officer. (d) Within 30 days after receipt of a Contractor's written request, the Contracting officer may cancel, without liability to either party, any portion of the contract affected by the requested increase and undelivered at the time of such cancellation. (e) Pending any cancellation as provided in (d) above and thereafter if there is no cancellation, the Contractor shall continue deliveries according NASA PROCUREMENT REGULATION CONTRACT CLAUSES to the delivery schedule of the contract and shall be paid for such deliveries at the contract unit price increased to the extent provided by (c) above. 7.106-4 Price Adjustment Clause for Semistandard Supplies. In accordance with 3.404-3 (c) (1)d, insert the following clause. ECONOMIC PRICE ADJUSTMENT-SEMISTANDARD SUPPLIES (MARCH 1977) (a) The Contractor warrants that the supplies identified as line items and on the schedule of this contract are for which, except for modifications es supplies required by the specifications of this contract, the Contractor has an established price. The term "established price" means one which (i) is an tablished catalog or market price of a commercial item sold in substantial quantities to the general public and (ii) meets the criteria of paragraph 3.807-1(b)(2) of the NASA Procurement Regulation. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor from his catalog, list or schedule price. The Contractor further warrants that as of the current date any differences between the unit prices of the line items identified above, as stated in the schedule, and the Contractor's established prices for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications, and to compliance with any requirements which this contract may contain for preservation, packaging, and packing beyond standard commercial practice. (b) The Contractor shall promptly notify the Contracting Officer as to the amount and effective date of each decrease in any applicable established price, and each corresponding contract unit price, exclusive of any part of such unit price which reflects modifications resulting from compliance with specifications or requirements for preservation, packaging, and packing beyond standard commercial practice, shall be decreased by the same percentage that the said established price is decreased. Such decrease shall apply to those items delivered on and after the effect ive date of the decrease in the Contractor's established price, and this contract shall be modified accordingly. The Contractor shall certify CFR TITLE 41 CHAPTER 18 CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS on each invoice that each unit price stated therein reflects all decreases required by this clause or shall certify on the final invoice that all price decreases required by this clause have been applied in the manner herein required. (c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price (exclusive of any part of such unit price resulting from compliance with specification or requirements for preservation, packaging, and packing, beyond standard commerical practice) shall be increased, upon the Contractor's request in writing to the Contracting officer, by the same percentage that the established price is increased and the contract shall be increased, by the same contract shall be modified accordingly, provided that: (1) The aggregate of the increases in any contract unit price made under this clause shall not exceed ten percent (10%) of the original contract unit price; (2) The increased contract unit price shall be effective on the effective date of the increase in the applicable established price if the Contractor's written request is received by the Contracting Officer within 10 days thereafter, but if not, the effective date of the increased unit price shall be the date of receipt by the Contracting Officer of such request; (3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price unless the Contractor's failure to deliver before such date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the "Default" clause of this contract; (4) No modification incorporating an increase in a contract unit price shall be excuted pursuant to this clause until the increase in the applicable established price has been verified by the Contracting Officer. (d) Within 30 days after receipt of a Contractor's written request, the Contracting Officer may cancel, without liability to either party, any portion of the contract affected by the requested increase and undelivered at the time of such cancellation. NASA PROCUREMENT REGULATION CONTRACT CLAUSES (e) Pending any cancellation as provided in (d) above and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the delivery schedule of the contract and shall be paid for such deliveries at the contract unit price increased to the extent provided by (c) above. 7.107 Economic Price Adjustment Clause (Labor and Material). In accordance with 3.404-3 (c) (2), insert the following clause: ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL (a) If at any time during the performance of this contract there is an increase or decrease in the rates of pay for labor (including fringe benefits) or unit prices for materials set forth in the Schedule, the Contractor shall notify the Contracting Officer there of within sixty (60) days of such increase or decrease or within such further period as may be approved in writing by the Contracting Officer, but in any event not later than final payment under the contract. Such notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated in accordance with paragraph (b) below and shall be accompanied by data, in such form as the Contracting Officer may require, including (i) the causes, (ii) the effective date, and (iii) the amount, both of the increase or decrease and of the Contractor's proposal for price adjustment. in (b) Promptly upon receipt of any notice and data described in (a) above, the Contractor and the Contracting Officer shall negotiate a price adjustment, and the effective date thereof, in the contract unit prices. Such adjustments will be limited to the amount of increase or decrease the labor rates (including fringe benefits) or unit price of materials, as identified in the Schedule; provided, that such negotiations may be Fostponed by the Contracting Officer until an accumulation of such increases and decreases results in an adjustment allowable under paragraph (c) (v) of this clause. The price adjustment, and the effective date thereof, shall be set forth in an amendment to this contract. Such amendment shall also revise the rates of pay for labor (including fringe benefits) or unit prices for materials set forth in the Schedule to reflect the increase or decrease therein. Pending agreement CFR TITLE 41 CHAPTER 18 |