Economic_Relief_Special_Term.pdf
PDF 36 KB Posted
- Attached to
- Transit Coach Fluids & Absorbent
- Solicitation number
- 107-2026
- Issued by
- Hamilton County, Cleveland City, Ohio
About this file
This is a Special Term clause document outlining Economic Price Adjustment provisions for the Southwest Ohio Regional Transit Authority (SORTA) contract to supply transit coach fluids and absorbent products on an as-needed basis. The clause establishes a mechanism for adjusting contract unit prices when material costs fluctuate during contract performance, requiring contractors to notify the Contracting Officer of any increases in unit prices for materials listed in the scope of work. Upon notification, the Contracting Officer and Contractor shall negotiate price adjustments, with the Contractor obligated to continue performance pending agreement on any adjustment and its effective date.
Price adjustments under this clause are subject to specific limitations designed to control cost escalation. No upward adjustment shall exceed 3 percent per year for any individual contract item, nor shall cumulative per-unit increases exceed 6 percent of the original unit price over the contract term. Adjustments apply only to materials specifically listed in the Schedule and only to items whose production costs are directly affected by the rate increases claimed. No adjustment shall apply to supplies or services required before the effective date of the adjustment unless delivery delays result from causes beyond the Contractor's control. The Contracting Officer retains the right to examine the Contractor's books, records, and manufacturer notifications to verify the legitimacy of any requested price adjustment.
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Other files
| File | Type | Posted |
|---|---|---|
| Transit_Coach_Fluids_&_Absorbent_(Addendum_#2_Revision).pdf | ||
| General_Terms_and_Conditions.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 3 percent per year.
(4) The per unit increases of any contract item unit price made under this clause shall not exceed 6 percent of the original unit price over the term of the contract.
(d) 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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