B09__Amend_2_140A2324Q0085_(0002)_0002.pdf

Amendment 2 140A2324Q0085 / Student Travel - Airline

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Contract Type:

From – Firm Fixed Price To – Fixed Price with Economic Price Adjustment

52.216-21 Requirements. (Oct 1995)

a) This is a requirements contract for the supplies or services specified, and effec ve for the period stated, in the Schedule. The quan es of supplies or services specified in the Schedule are es mates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quan es described as "es mated" or "maximum" in the Schedule, that fact shall not cons tute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limita ons in the Order Limita ons clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to mul ple des na ons or performance at mul ple loca ons.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government ac vity or ac vi es specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quan ty of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effec ve period of this contract and not completed within that period shall be completed by the Contractor within the me specified in the order. The contract shall govern the Contractor’s and Government’s rights and obliga ons with respect to that order to the same extent as if the order were completed during the contract’s effec ve period 03/01/2024; provided, that the Contractor shall not be required to make any deliveries under this contract a er 02/28/2029.

52.216-2 Economic Price Adjustment-Standard Supplies. (Nov 2021)

(a) The Contractor warrants that the unit price stated in the Schedule for helicopter and airline ckets which is inclusive of applicable fees such as but not limited to unaccompanied minor fee, booking fees, taxes is not in excess of the Contractor’s applicable established price in effect on the contract date for like quan es of the same item. The term "unit price" excludes any part of the price directly resul ng from requirements for preserva on, packaging, or packing beyond standard commercial prac ce. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial product sold in substan al quan es to the general public; and

(2) Is the net price a er applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly no fy the Contrac ng Officer of the amount and effec ve date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and a er the effec ve date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased a er the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s wri en request to the Contrac ng Officer, Amendment 2 140A2324Q0085 / Student Travel - Airline

3 |3 by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limita ons:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effec ve-

(i) On the effec ve date of the increase in the applicable established price if the Contrac ng Officer receives the Contractor’s wri en request within 10 days therea er: or

(ii) If the wri en request is received later, on the date the Contrac ng Officer receives the request.

(3) The increased contract unit price shall not apply to quan es scheduled under the contract for delivery before the effec ve date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modifica on increasing a contract unit price shall be executed under this paragraph (c) un l the Contrac ng Officer verifies the increase in the applicable established price.

(5) Within 30 days a er receipt of the Contractor’s wri en request, the Contrac ng Officer may cancel, without liability to either party, any undelivered por on of the contract items affected by the requested increase.

(d) During the me allowed for the cancella on provided for in paragraph (c)(5) of this clause, and therea er if there is no cancella on, the Contractor shall con nue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause. (End of clause)