Economic_Relief_Special_Term.pdf
PDF 44 KB Posted
- Attached to
- Diesel Exhaust Fluid
- Solicitation number
- 088-2026
- Issued by
- Hamilton County, Cleveland City, Ohio
About this file
This file contains a Special Term Economic Price Adjustment clause applicable to the Southwest Ohio Regional Transit Authority (SORTA) contract for diesel exhaust fluid (DEF) supply and delivery. SORTA seeks a qualified contractor to supply and deliver DEF in bulk to its facilities serving Hamilton County and Cleveland City under a one-year contract term. The contractor must meet technical specifications detailed in supporting documents, including Cummins product standards for baseline product quality, handling, storage, and compatibility with diesel emission control systems in SORTA's transit fleet. Proposals are due July 24, 2026. No pre-bid meeting, site visit, or question deadline is specified in the available documentation.
The Economic Price Adjustment clause allows the contractor to request adjustments to contract unit prices if material costs increase during performance. The contractor must provide written notice to the Contracting Officer with supporting documentation explaining the cause, effective date, and amount of the increase. Price adjustments are subject to specific limitations: adjustments apply only to materials shown in the Schedule and are capped at 5 percent per unit per year. No adjustments apply to supplies delivered before the effective date of the adjustment unless delays result from causes beyond the contractor's control. The Contracting Officer retains the right to examine the contractor's books, records, manufacturer notifications, and supporting documentation to verify any adjustment request. No estimated contract value, incumbent contractor, or evaluation criteria are identified in the available source materials.
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Other files
| File | Type | Posted |
|---|---|---|
| Diesel_Exhaust_Fluid_(Addendum_#1_Revision).pdf | ||
| Diesel_Exhaust_Fluid.pdf | ||
| General_Terms_and_Conditions.docx | DOCX document | |
| CUMMINSBULLETIN4021566.pdf | ||
| CUMMINS018-0260.pdf |
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Text version
Special Term: Economic Price Adjustment
The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of unit prices for material shown in the scope of work increase. The notice shall include the Contractor’s request for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase and the amount of the Contractor’s adjustment proposal.
(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and unit prices of items shown in the Schedule results in an adjustment allowable under paragraphs (c)(3) and (4) of this clause. The Contracting Officer shall modify this contract to include the unit price adjustment and its effective date. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.
(c) Any price adjustment under this clause is subject to the following limitations:
(1) Any adjustment shall be limited to the effect on unit prices of the increases in the rates or unit prices for material shown in the Schedule. There shall be no adjustment for-
(i) Supplies or services for which the production cost is not affected by such changes;
(ii) Changes in rates or unit prices other than those shown in the Schedule; or
(iii) Changes in the quantities of items or material used from those shown in the Schedule for each item.
(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.
(3) There shall be no adjustment for any change in unit prices for items which would result in a per unit change of more than 5 percent per year.
(b) The Contracting Officer may examine the Contractor’s books, records, manufacturer increase notifications and other supporting data relevant to the unit price increase request.
(End of clause)
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