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DLAD PART 52 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES



PART 52 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES

TABLE OF CONTENTS

SUBPART 52.1 – INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

52.101 Using Part 52.

52.102 Incorporating provisions and clauses.

SUBPART 52.2 – TEXTS OF PROVISIONS AND CLAUSES

52.200 Scope of subpart.

52.201-9001 Ordering Officers Under the Contract.

52.204-9000 Contractor Personnel Security.

52.204-9001 Electronic Order Transmission.

52.204-9002 Solicitation Provisions and Contract Clauses Statement.

52.204-9003 Vendor Security Requirements.

52.204-9004 Administrative Deselect.

52.204-9005 Distribution of Contract to Agent.

52.205-9000 Federal Business Opportunities (FedBizOpps.gov).

52.206-9000 Domestic or Canadian source performance restriction (DLA Energy).

52.208-9000 Price adjustment on Federal Prison Industries, Incorporated (FPI) contracts/orders.

52.208-9001 Acquisition of Federal Prison Industries (FPI) Items.

52.208-9002 Defense Logistics Agency Mandatory Source Requirements.

52.208-9003 Precious Metals Not Furnished.

52.209-9000 Qualified Products List (QPL) Connector Assemblies and QPL Electrical Contacts.

52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment.

52.209-9003 Pre-Award Sample(s).

52.209-9004 Sources for Clothing/Textile Components – National Industries for the Blind (NIB) and

52.209-9005 Identification of Sources for All Components for Clothing/Textile Items.

52.209-9014 Vehicle Registration and Operations.

52.209-9012 Qualified List for Manufacturers/ Qualified Suppliers List for Distributors.

52.209-9013 Component Qualified Products List/Qualified Manufacturers List (QPL/QML) Items.

52.209-9014 Vehicle Registration and Operations.

52.209-9015 Waiver - first article test – simplified acquisitions.

52.209-9016 Evaluation of offers – first article testing.

52.209-9017 First article – contractor testing – additional requirements.

52.209-9018 First Article - Government Test – Additional Requirements.

52.209-9019 Requests for Waiver of First Article Testing Requirements.

52.209-9020 First article testing requirement – waiver approved.

52.209-9021 Drawing approval prior to production.

52.209-9022 Compatibility testing requirements.

52.209-9023 Compatibility testing approval – Government testing.

52.209-9024 Government fit verification testing.

52.209-9025 Government fit verification testing approval.

52.209-9026 Reserved.

52.209-9028 Qualified Suppliers List of Distributors (QSLD) – FSC 5961 and 5962.

52.209-9029 Notice of First Article Requirement and Conditions for Waiver (Logistics Command

52.209-9030 First Article Evaluation Factors (Logistics Command (LOGCOM) Depot Level

52.209-9031 Definitive Responsibility Criteria (DLA Energy).

52.209-9032 Responsibility Criteria for Support to Overseas Contingency Contracts.

52.211-9000 Government Surplus material.

52.211-9001 Market acceptance.

52.211-9002 Priority rating.

52.211-9003 Conditions for evaluation of offers of Government surplus material.

52.211-9004 Priority rating for various long-term contracts.

52.211-9005 Conditions for evaluation and acceptance of offers for critical safety items.

52.211-9007 Withholding of Materiel Review Board (MRB) authority -- critical safety items.

52.211-9008 Reserved.

52.211-9009 Non-acceptability of Government surplus material.

52.211-9010 Military Shipping Label (MSL) requirements – military standard (MIL-STD) 129P.

52.211-9011 BSM Delivery Terms and evaluation.

52.211-9012 Obsolete Components/Materials.

52.211-9013 Shipper’s Declaration of Dangerous Goods.

52.211-9014 Contractor Retention of Traceability Documentation.

52.211-9015 Preference for Recycled Toner and Cartridges.

52.211-9018 Availability of Mylar Drawings.

52.211-9020 Time of Delivery – Accelerated Delivery.

52.211-9021 Variation in Quantity.

52.211-9022 Superseded Part-Numbered Items.

52.211-9023 Substitution of Item After Award.

52.211-9024 Shelf-Life Items Manufacturing Restrictions.

52.211-9025 Compliance with National Sanitation Foundation (NSF) Requirements.

52.211-9026 Delays in Shipment of Products Requiring United States Department of Agriculture

52.211-9030 Annotation of Shipping Documents for Lubricating Oil, Engine, Grade OE/HDO 40.

52.211-9031 Marking Requirements for High and Low Pressure Cylinders.

52.211-9032 Shipping and Routing.

52.211-9033 Packaging and Marking Requirements.

52.211-9034 Packaging/Marking Requirements for Diminishing Manufacturing Sources (DMS) Buys.

52.211-9035 Marking Requirements.

52.211-9036 Physical Identification/Bare Item Marking.

52.211-9037 Time of Delivery – Direct Vendor Delivery (DVD).

52.211-9038 Time of Delivery / Performance – Base Installation.

52.211-9039 Compliance with Coast Guard Requirements.

52.211-9040 Amount of Liquidated Damages.

52.211-9041 Lengths, Tickets, Packaging, Marking of Cuts or Pieces.

52.211-9043 Medical Material Requiring Refrigeration.

52.211-9044 New Drug Applications.

52.211-9045 Pre-Market Notification.

52.211-9046 FDA Compliance.

52.211-9047 Manufacturer’s Make or Model Number.

52.211-9048 Data Name Plates.

52.211-9049 Time of Delivery – Incremental Delivery.

52.211-9050 Quantity Variance for Aerial Photographic Film.

52.211-9051 Time of Delivery.

52.211-9052 Notification to Government of and Contemplated Production Phase-out.

52.211-9053 Expedited Handling Shipments.

52.211-9054 Time of Delivery –.

52.211-9059 Time of Delivery – Alternate Delivery Schedules.

52.211-9060 Time of Delivery.

52.211-9061 Time of Delivery (Overlapping Orders) (IDC).

52.211-9062 Delivery Requirements.

52.211-9063 Unit Package Marking Requirement for Component Lead Finish.

52.211-9064 Drawing Limitations (Tank-automotive and Armaments Command (TACOM) Depot

52.211-9065 Special Notice of Contractor Responsibilities for Components and Tooling (Army

52.211-9066 Required Delivery for Orders (Army Aviation and Missile Command (AMCOM) depot

52.211-9067 Deliveries or Performance – Time of Delivery (Naval inventory control point (NAVICP)

52.211-9069 Time of Delivery – Ordering Office.

52.211-9071 Required Source Approval (LOGCOM Depot Level Repairable (DLR) – DLA

52.211-9087 Level I Material Marking (DLA Maritime-Norfolk).

52.211-9089 Level I Fastener Identification (DLA Maritime-Norfolk) .

52.212-9000 Changes – Military Readiness.

52.212-9001 Application of fast payment to Part 12 acquisitions.

52.212-9004 Reference to Uniform Contract Format (UCF) In Commercial Acquisitions.

52.213-9000 Quantity break.

52.213-9001 Evaluation factor for source inspection.

52.213-9002 Indefinite Delivery Purchase Order (IDPO) Agreement.

52.213-9003 Indefinite Delivery Purchase Order (IDPO) Contract.

52.213-9005 Reserved.

52.213-9006 Reserved.

52.213-9008 Procurement Automated Contract Evaluation (PACE) Information.

52.213-9009 Fast Payment Procedure.

52.213-9010 Indefinite Delivery Purchase Order (IDPO) Evaluation.

52.213-9011 Indefinite Delivery Purchase Order (IDPO) Agreement.

52.213-9012 Indefinite Delivery Purchase Order (IDPO) Contract.

52.214-9001 Schedule -firm fixed price and fixed price with economic price adjustment.

52.214-9002 Trade discounts.

52.214-9003 Right to apply f.o.b. origin offer.

52.214-9004 Subcontracting to other industrial preparedness planned producers.

52.214-9005 Descriptive Literature.

52.214-9006 Conditional or Qualified Offers.

52.214-9007 Place of Production of An Industrial Preparedness Program (IPP) Planned Item.

52.214-9008 Rounding Off of Offer and Award Prices.

52.215-9001 Evaluation factor for preaward survey.

52.215-9002 Socioeconomic Proposal.

52.215-9003 Socioeconomic Support Evaluation.

52.215-9007 Pre-proposal Conference.

52.215-9008 Facsimile Bids and Proposals.

52.215-9009 All or None for Automated Procurements.

52.215-9010 All or None (Invitation for Bid / Request for Proposal (IFB/RFP) only).

52.215-9011 Requirements for Quantity Increments or Ranges.

52.215-9013 Production Facility Changes.

52.215-9014 Aggregate Awards for Regional Petroleum Requirements.

52.215-9015 Production Capacity.

52.215-9016 Notice to Contractors and Defense Finance Accounting Services (DFAS).

52.215-9017 List of Documents, Exhibits, and Other Attachments.

52.215-9018 Authorized Limitation.

52.215-9019 Operational Capability Demonstration.

52.215-9021 Department of Defense (DOD) Electronic Mall (EMALL) Purchasing Reviews.

52.215-9022 Contractor Past Performance Evaluation – Automated Systems.

52.215-9023 Reverse Auction.

52.215-9024 State Minimum Price Regulations.

52.215-9033 Competing Individual Delivery Orders Through On-Line Reverse Auctioning.

52.216-9006 Addition/Deletion of Items.

52.216-9007 Contract and Delivery Order Limitations.

52.216-9008 Offeror’s Quantity Limitations.

52.216-9009 Estimated Total Quantity.

52.216-9010 Contract Quantity Limitations.

52.216-9011 Economic price adjustment – DoD Electronic Mall (EMALL).

52.216-9012 Economic price adjustment – For Unitized Group Rations (UGR) – A components

52.216-9013 Evaluation of Offers for Indefinite Delivery Type Solicitations.

52.216-9014 Area Requirements – Tentative Destinations.

52.216-9015 Area Requirements – Contiguous U.S.

52.216-9016 Intent to Award Against Existing Basic Ordering Agreement (BOA).

52.216-9017 Single or Multiple Awards.

52.216-9018 Alternate Offer Conditional Award.

52.216-9019 Area Requirements – East and West of Mississippi.

52.216-9020 Prime Vendor Requirements.

52.216-9023 Additional Ordering Limitation.

52.216-9024 Adjustment to Ordering Period.

52.216-9025 Invoices for Delivery Orders.

52.216-9026 Pricing of Delivery Orders with Quantity Increments.

52.216-9027 Evaluation of Quantity Sensitive and Indefinite Delivery Contracts.

52.216-9028 Economic Price Adjustment Labor and Material.

52.216-9033 Economic Price Adjustment – Established Prices.

52.216-9036 Evaluation of Offers - Economic Price Adjustment.

52.216-9037 Evaluation of Bids - Economic Price Adjustment.

52.216-9038 Price Redetermination – Prospective (Deviation).

52.216-9039 Economic Price Adjustment – Standard Supplies Deviation.

52.216-9043 Economic Price Adjustment – Federal Supply Schedule Prices.

52.216-9046 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.

52.216-9056 Limitations of Requirements (DLA Disposition Services).

52.216-9061 Economic Price Adjustment (EPA) Table spreads.

52.216-9062 Economic Price Adjustment (EPA) Unitized Group Ration.

52.216-9067 Economic Price Adjustment – Liquid Propane Gas.

52.217-9000 Data pricing, evaluation, and award.

52.217-9002 Conditions for evaluation and acceptance of offers for part numbered items.

52.217-9003 Manufacturing or production information.

52.217-9004 Reopener Clause - Cost of Specified Direct Materials/Other Direct Cost Item.

52.217-9005 Reopener Clause - Pending Indirect Rates Proposal.

52.217-9006 Surge and Sustainment (S&S) Investments.

52.217-9007 Surge and Sustainment (S&S) Instructions to Offerors.

52.217-9008 Surge and Sustainment (S&S) Evaluation.

52.217-9009 Surge and Sustainment (S&S) Pricing.

52.217-9010 Limitations on Use of Surge and Sustainment (S&S) Government Investment.

52.217-9011 Provisioning.

52.217-9017 Tailored Logistics Support Purchasing Reviews.

52.217-9018 Supply Assurance Through Multisource Contracting.

52.217-9020 Corporate Contract Fill Rate and Unfilled Orders.

52.217-9022 Provisioning Documentation is Waived.

52.217-9023 Restriction of Alternate Offers for Source Controlled Items.

52.219-9002 DLA Mentoring Business Agreements (MBA) Program.

52.219-9003 DLA Mentoring Business Agreements (MBA) Performance.

52.219-9004 Small Business Program Representations.

52.219-9005 Reserved.

52.219-9006 Reserved.

52.219-9007 Reserved.

52.219-9008 Combined Historically Underutilized Business Zone (HUBZone)/

52.219-9009 Combined HUBZone/Small Business Set-Aside Instructions – Type 2.

52.219-9010 Reserved.

52.219-9011 Reserved.

52.219-9012 Reserved.

52.219-9013 Combined Set-Aside Instructions – Type 1.

52.219-9014 Combined Set-Aside Instructions – Type 2.

52.219-9017 Small Business Set-Aside Portion – Equal.

52.219-9018 Notification of Subcontracting Plan.

52.222-9000 Davis-Bacon Act - price adjustment.

52.223-9000 Material Safety Data Sheets and Hazard Warning Labels.

52.223-9001 Estimate of Re-Refined Oil Content.

52.223-9002 Anti-Stain Treatment (Untreated Wood Products).

52.223-9003 Marking Dangerous or Hazardous Materials.

52.223-9004 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

52.223-9007 Permission for Mercury (DLA Maritime).

52.223-9008 Hazardous Chemical Exposure (DLA Maritime).

52.225-9000 Reserved.

52.225-9001 Reserved.

52.225-9002 Foreign Military Sales (FMS) shipping instructions.

52.225-9003 Customs Clearance Procedures for U.S. Subsistence in the European Union.

52.227-9000 Commercial Manuals For Naval Shipboard Use Items.

52.227-9001 Evaluation of Offers for Manuals.

52.227-9002 Data – English Language.

52.227-9003 In Plant Equipment (IPE) Contract Data Requirements.

52.227-9005 Restrictions on Use of Boeing Rights Guard Technical Data.

52.227-9006 Use of Colt Industries Restricted Technical Data.

52.227-9007 Restrictions on Use of OTO Melara-Limited Rights Technical Data.

52.227-9008 Restriction on Use of FN Herstal Technical Data.

52.228-9000 Insurance.

52.228-9001 Bid Guarantee for Use in Negotiated Acquisitions.

52.228-9002 Additional Bond Security.

52.229-9000 Kentucky sales and use tax exemption.

52.229-9001 US Department of Treasury Tax-Free Ethyl and Denatured Alcohol Permits.

52.229-9002 Tax Exemption Forms.

52.229-9003 Excise Tax Included (No Proof of Export).

52.229-9004 Federal Excise Tax.

52.229-9005 Federal Excise, State, Local Taxes Excluded from Contract Price.

52.229-9006 Tax Exemption Forms.

52.229-9007 U.S. Department of Treasury Tax-Free Ethyl and Denatured Alcohol Permit.

52.230-9000 Submission of Data on Facilities Capital Cost of Money.

52.232-9001 Invoice Confirmation – Commercial Manuals.

52.232-9002 Tare Included or Excluded.

52.232-9003 Billing Weight and Payments for Carbon Steel or Steel Plate/Sheets.

52.232-9004 Purchase Card Purchases – Vendor Rebate Program (VRP).

52.232-9005 Invoicing Instructions (Time-and-Materials or Labor-Hour Contract).

52.233-9000 Agency protests.

52.233-9001 Disputes: Agreement to use Alternate Disputes Resolution (ADR).

52.236-9000 Saftey, Fire Prevention, and Security.

52.237-9001 Contractor Personnel Changes and Key Personnel Requirements.

52.237-9002 Key Personnel – Fixed Price Service Contracts.

52.237-9003 Site Visit Coordinator.

52.237-9004 Evaluation – Contractor Installation or Verification of Installation.

52.239-9000 Y2K Compliance Notice.

52.242-9000 Production Progress Reports.

52.242-9001 Notification of Shipment.

52.242-9005 Report of Shipment (Reship) of Perishable Medical Items.

52.242-9006 Delay of Installation for Medical and Laboratory Instrumentation.

52.242-9008 Technical Direction.

52.242-9009 Correspondence Regarding Meal, Ready-to-Eat (MRE) and Tray Pack Contracts.

52.242-9010 Title of Containers and Packaging Materials.

52.243-9000 Design Change - Supply Items (Army Aviation and Missile Command (AMCOM) depot

52.245-9001 Evaluation of Use of Government Furnished Property.

52.245-9002 Use of Government Furnished Property.

52.245-9003 Transportation Costs of GFP.

52.245-9005 Government-Owned Tooling.

52.245-9006 Use of Government-Owned Tooling.

52.245-9007 Use of Government-Owned Special Tooling or Test Equipment.

52.245-9008 Use of Government Facilities on a No Charge Basis.

52.245-9009 Government-furnished Property (GFP).

52.245-9012 Government-furnished Property Cloth Only.

52.245-9015 Dyeing and Finishing of Textiles.

52.245-9016 Availability of Clothing Patterns.

52.245-9017 Ownership of Overruns Containing Government-furnished Property.

52.245-9018 Government-furnished Material – National Industries for the Blind (NIB) and

52.245-9019 Government-owned Property (Bulk Storage Contract).

52.245-9020 Cartoons and Guide Samples for Embroidered Insignia.

52.245-9021 Government Samples.

52.245-9022 Sized Items.

52.245-9023 Firm and Flexible Sizes.

52.245-9024 Special Measurements.

52.245-9025 Contractor Control of Government-furnished Property (GFP).

52.246-9000 Certificate of quality compliance.

52.246-9001 Manufacturing process controls and in-process inspections.

52.246-9002 Product Certification and Test Report(s) (Metals).

52.246-9003 Measuring and test equipment.

52.246-9004 Product verification testing.

52.246-9005 Note to Contractor for Inspection (Air launch and recovery equipment) (ALRE)).

52.246-9007 Inspection and Acceptance at Destination.

52.246-9008 Inspection and Acceptance at Origin.

52.246-9010 Determination of Quantity Specific to Lubricating Oils.

52.246-9011 Liquefied Petroleum Gases Quality Assurance.

52.246-9012 Preparation for Delivery and Inspection of Fresh Fruits and Vegetables.

52.246-9013 Contractor and Government Samples at Origin.

52.246-9014 Certificate of Conformance.

52.246-9018 Shipping Documents Supplied to Assembly Contractors.

52.246-9019 Material and Inspection Report.

52.246-9020 Distribution of Material Inspection and Receiving Report.

52.246-9021 Source Inspection Provisions.

52.246-9022 Inspection System Requirement-Foreign Manufactured Items.

52.246-9023 General Inspection Requirements.

52.246-9024 Alternative Inspection Requirements for Selected Items.

52.246-9025 Reinspection of Nonconforming Supplies.

52.246-9026 Inspection Fees – Petroleum Products.

52.246-9027 Inspection of Bulk Deliveries – Petroleum Products.

52.246-9028 Inspection of Construction.

52.246-9029 Inspection and Acceptance Points.

52.246-9030 Shade Evaluation of Contractor Furnished Components.

52.246-9031 Shade Evaluation.

52.246-9032 Identification of Qualified Laboratory and Source Sampling.

52.246-9033 Operational Check of Equipment Items.

52.246-9034 Testing at Government Laboratory.

52.246-9035 Acceptance of Medical and Laboratory Instrumentation.

52.246-9036 Acceptance of Installation for Medical and Laboratory Instrumentation.

52.246-9037 Orders for Repair of Medical Equipment.

52.246-9038 Installation of Medical and Laboratory Instrumentation.

52.246-9039 Removal of Government Identification from Non-Accepted Supplies.

52.246-9040 Inspection and Acceptance - Supervision of Installation.

52.246-9041 Government Loss or Damage.

52.246-9043 Higher-level contract quality requirement (non-manufacturers).

52.246-9044 Sanitary Conditions.

52.246-9045 Federal Food, Drug and Cosmetic Act-Wholesale Meat Act.

52.246-9046 Phytosanitary Certificates for Export Shipments of Produce.

52.246-9051 Repackaging of Hazardous Material.

52.246-9052 Warranty of Supplies.

52.246-9053 Commercial Warranty.

52.246-9054 Warranty – Acceptance of Supplies.

52.246-9055 Warranty of Supplies and Virtual Prime Vendor.

52.246-9056 Warranty Period for Overseas Shipments.

52.246-9057 Warranty of Data.

52.246-9058 Warranty of Supplies.

52.246-9059 Warranty of Supplies (Commercial Items).

52.246-9060 Warranty of Supplies (Commercial Items) (Fill-In).

52.246-9061 Warranty of IPE - FSG 34.

52.246-9062 Repackaging to Correct Packaging Deficiencies.

52.246-9063 Warranty of Supplies, Extended (66 Months).

52.246-9064 Quality conformance inspection requirements.

52.246-9065 Protection from degradation due to electrostatic/electromagnetic forces.

52.246-9066 Documentation of traceability.

52.246-9070 Commercial Bills of Lading (Bulk) (DLA Energy).

52.246-9071 Drawings for Inspection (LOGCOM DLR – DLA Land and Maritime).

52.246-9080 Points of Inspection and Acceptance (DLA Energy).

52.246-9081 Certificate of Conformance (DLA Energy).

52.246-9085 Production lot testing (PLT) – Government.

52.246-9086 Production lot testing (PLT) – Contractor.

52.246-9094 Level I Material Certification (DLA Maritime-Norfolk).

52.247-9000 Guaranteed maximum shipping weights or dimensions.

52.247-9001 Port handling and ocean costs in bid evaluation.

52.247-9003 Reserved.

52.247-9004 Reserved.

52.247-9005 Reserved.

52.247-9006 FOB Destination Price Quoting Instructions -- Overseas DVD and Navy Ships.

52.247-9007 F.O.B. Destination Price Quoting Instructions -- CONUS DVD.

52.247-9008 F.O.B. Destination Price Quoting Instructions – Foreign Military Sales (FMS).

52.247-9009 F.O.B. Destination Price Quoting Instructions -- Canadian FMS.

52.247-9010 F.O.B .Destination Price Quoting Instructions – Shipment to Depot.

52.247-9011 Vendor Shipment Module (VSM).

52.247-9012 Requirements for treatment of wood packaging material (WPM).

52.247-9013 F.O.B. Origin and/or F.O.B. Port(s) of Loading (Destination) in Offer Evaluation.

52.247-9014 Evaluation of Offers via Export Aerial Ports.

52.247-9015 Loading Capabilities for Bulk Shipments.

52.247-9016 F.O.B. Destination Contractor Transshipment.

52.247-9017 Perishable Foodstuff Transportation.

52.247-9018 Utilization of Containers (Seavans) for Export Shipments.

52.247-9019 Shipments Direct to Port Terminals for Export.

52.247-9020 Advance Notice of Late, Short or Non-Shipment of Supplies.

52.247-9021 F.O.B. Origin Contracts for Supplies Originating Outside the United States.

52.247-9022 Evaluation of Transportation Costs – Order Quantity.

52.247-9023 Evaluation of Transportation Costs – Bulk Shipments.

52.247-9026 Evaluation of Offers Invited for both F.O.B. Origin and F.O.B. Destination.

52.247-9027 Evaluation of Offers for Quantity Increments.

52.247-9028 Premium Transportation.

52.247-9029 Shipping Instructions.

52.247-9030 Commercial Shipping Documents.

52.247-9031 Manufacturer’s Loading Practices.

52.247-9032 Delivery Conditions for Transport Trucks, Trucks and Trailers or Tank Wagons.

52.247-9033 Transport Truck and/or Truck and Trailer Free Time and Detention Rates.

52.247-9034 Point of Contact for Transportation Instructions.

52.247-9035 Shipping Instructions (Domestic).

52.247-9036 Shipping Instructions (Export).

52.247-9038 Shipping Instruction for DLA Direct Acquisitions.

52.247-9039 Alaska Remote Supply (Project Code 175).

52.247-9040 Greenland Remote Supply (Project Codes Y31 and 145).

52.247-9041 Delivery Times.

52.248-9001 Exemption from Value Engineering.

52.248-9002 Offers using Alternate Value Engineering Change Proposal (VECP) method and Specifications/Drawings.

52.249-9000 Administrative costs of reprocurement after default.

SUBPART 52.1 – INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

52.101 Using Part 52.

(b) Numbering.

(2) Provisions or clauses that supplement Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS).

(ii) Only those provisions and clauses in this directive that are codified are preceded by an assigned CFR chapter number.

(B) See 1.301-91(c).

(f) Dates. Provisions and clauses in this directive that were formerly in the Defense Logistics Procurement Regulation (DLPR) bear the DLPR date when the provision or clause was transferred verbatim to this directive or when only editorial changes were made. Where only editorial changes were made to clauses or provisions in this edition, for example, under PROCLTR 2012-11, the date was not changed.

52.102 Incorporating provisions and clauses.

(b)(90) The following Web address shall be inserted in the spaces provided for this purpose in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, and the clause at FAR 52.252-2, Clauses Incorporated by Reference: http://www.dla.mil/Acquisition. The Web page referenced above will provide links to all provisions and clauses (Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), Defense Logistics Acquisition Directive (DLAD), and local) that are incorporated by reference in Defense Logistics Agency (DLA) solicitations and awards. J71 shall maintain the web page and the DLAD provisions and clauses. Buying activities shall maintain their local provisions and clauses.

Buying activities shall also ensure that quality assurance provisions (QAPs), contract data requirements lists (CDRLs), and other similar contract requirements can be accessed electronically and are incorporated by reference. If the electronic address where these documents can be accessed is other than the Web page referenced above, that address shall also be identified in FAR 52.252-1 and 52.252-2.

Archive databases of provisions, clauses, and other contract requirements that are incorporated by reference and have been superseded within the last three years (or longer period, if determined appropriate by the buying activity) shall also be maintained and made accessible electronically. The archive database shall identify a point of contact who can provide older documents that are not available in the archive database. J71 and the buying activities shall maintain the DLAD and local archives, respectively.

Buying activities may identify reasonable circumstances when incorporation in full text is appropriate, such as the following:

For approximately the first six months after a significant new policy is issued (e.g., Central Contractor Registration);

When incorporation by reference is not practical, effective, or efficient (e.g., when a provision or clause is almost entirely composed of fill-ins);

When noncompliance with contract terms is significantly reduced by incorporation in full text; or

When incorporation in full text is more suitable to the nature of the business segment (e.g., for commodities subject to voluminous technical requirements that change frequently).

SUBPART 52.2 – TEXTS OF PROVISIONS AND CLAUSES

(Revised December 9, 2011 through PROCLTR 2012-12)

52.200 Scope of subpart.

This subpart sets forth the texts of all Defense Logistics Acquisition Directive (DLAD) provisions and clauses, and for each provision and clause, gives a cross-reference to the location in the DLAD that prescribes its use.

52.201-9001 Ordering Officers Under the Contract.

As prescribed in 1.603-90(b), insert the following clause:

ORDERING OFFICERS UNDER THE CONTRACT (APR 2008)

(a) Ordering Officers are authorized to place and sign delivery orders that are expressly within the terms and conditions of this contract. Ordering officers, however, are not authorized to sign purchase orders or contracts and cannot take any action to charge the account of the contractor unless they are also contracting officers. Ordering officers are authorized to modify delivery orders and perform all administrative functions pertaining to such orders including termination of the order for late deliveries and other product nonconformances. In the case of a termination, the applicable agency, commissary, or activity may reprocure the supplies locally. The ordering officer shall also notify the DLA Contracting Officer of all terminations and repurchase actions which were processed under the indefinite delivery contract. Delivery orders outside the expressed terms and conditions of the contract shall be signed by the DLA Contracting Officer. Further limitations on the authority of the ordering officer may be stated elsewhere in the contract or in the letter of appointment.

(b) [ ] If checked, the following individuals are appointed Ordering Officers under this contract:

(End of clause)

52.204-9000 Contractor Personnel Security.

As prescribed in 4.1303, insert the following clause:

CONTRACTOR PERSONNEL SECURITY (NOV 2011)

(a) Work that is performed under this contract/task order, in full or in part, must be performed at the Defense Logistics Agency (DLA) Headquarters (HQ) or DLA office(s), or supply chain/field activity, and therefore requires physical access to a federally-controlled facility. DLA and its field activity offices require all contractor personnel working on the federally-controlled facility to have a favorably adjudicated investigation prior to commencing work on a contract. Additionally, all Department of Defense (DoD) consultants and contractor personnel who access federally-controlled information systems must be assigned to positions which are designated at one of three sensitivity levels: IT-I (privileged), IT-II (limited privileged) and IT-III (non-privileged) (Reference: Department of Defense Instruction (DODI) 8500.2, paragraph E2.1.36.). For IT-I, a Single Scope Background Investigation (SSBI) is required; for IT-II a National Agency Check with Law and Credit Checks (NACLC) is required; and for IT-III designated positions, a National Agency Check with written Inquiry (NACI) is required.

(b) At the option of the Government, previously completed security investigations may be accepted in lieu of new investigations if determined to be essentially equivalent in scope to the required investigation. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. In order to assist the Government in making this determination, the contractor must provide the following information to the contracting officer immediately upon receipt of the contract or when an employee is proposed for work requiring access to a federally-controlled facility or information system. This information must be provided for each contractor employee who will perform work on a federally-controlled facility and/or will require access to federally-controlled information systems:

(c) The Government will notify the contractor as soon as a determination is made regarding acceptance of the previous investigation. If a new investigation is deemed necessary, the contractor will be notified by the contracting officer or contracting officer’s representative (CO/COR). It is the contractor’s responsibility to ensure that adequate information is provided and that each contractor employee completes the appropriate paperwork in order to begin the investigation process. The contractor shall submit each request for investigation, through the CO/COR, to the DLA site Security Office. Submission shall include a Contractor Request Form, with supporting documentation, which states what information technology level and access is required for the position. Request shall include:

(End of Clause)

52.204-9001 Electronic Order Transmission.

As prescribed in 4.502-90, insert the following provision:

ELECTRONIC ORDER TRANSMISSION (NOV 2011)

(End of Clause)

52.204-9002 Solicitation Provisions and Contract Clauses Statement.

As prescribed in 4.502-90 insert the following clause:

SOLICITATION PROVISIONS AND CONTRACT CLAUSES STATEMENT (NOV 2011)

(End of Clause)

52.204-9003 Vendor Security Requirements.

As prescribed in 4.1301-90, insert the following clause:

VENDOR SECURITY REQUIREMENTS (NOV 2011)

(End of Clause)

52.204-9004 Administrative Deselect.

As prescribed in 4.103-90, insert the following clause:

ADMINISTRATIVE DESELECT (NOV 2011)

(End of Clause)

52.204-9005 Distribution of Contract to Agent.

As prescribed in 4.202-90, insert the following provision:

DISTRIBUTION OF CONTRACT TO AGENT (AUG 2008)

(End of Provision)

52.205-9000 Federal Business Opportunities (FedBizOpps.gov).

As prescribed in 5.207-90, insert the following provision:

FEDERAL BUSINESS OPPORTUNITIES (FedBizOpps.gov) (JUL 2008)

(End of Provision)

52.206-9000 Domestic or Canadian Source Performance Restriction (DLA Energy).

As prescribed in 6.302-3-70(90), insert the following clause:

DOMESTIC OR CANADIAN SOURCE PERFORMANCE RESTRICTION (DLA ENERGY)

(NOV 2011)

(a) The Contractor hereby agrees, by submission of its offer, that each end product furnished under this contract shall be manufactured or produced in the U.S., its outlying areas, or Canada. The Contractor agrees to furnish product only from the source(s) identified below:

Source

Location

   
   

(End of Clause)

52.208-9000 Price adjustment on Federal Prison Industries, Inc. (FPI) contracts/orders.

As prescribed in 8.604(c)(90)(i), insert the following clause:

PRICE ADJUSTMENT ON FEDERAL PRISON INDUSTRIES, INC. (FPI) CONTRACTS/ORDERS (NOV 2011)

(End of clause)

52.208-9001 Acquisition of Federal Prison Industries (FPI) items.

As prescribed in 8.602(a)(i)(90), insert the following provision:

ACQUISITION OF FEDERAL PRISON INDUSTRIE(FPI) S ITEMS (NOV 2011)

(End of Provision)

52.208-9002 Defense Logistics Agency Mandatory Source Requirements.

As prescribed in 8.406-1(90), insert the following clause:

DEFENSE LOGISTICS AGENCY (DLA) MANDATORY SOURCE REQUIREMENT (NOV 2011)

(End of Clause)

52.208-9003 Precious Metals Not Furnished.

As prescribed in 8.7305(a)(90), insert the following clause:

PRECIOUS METALS NOT FURNISHED (NOV 2011)

(End of Clause)

52.209-9000 Qualified products list (QPL) Connector Assemblies and QPL Electrical Contacts.

As prescribed in 9.203(a)(90), insert the following clause:

QUALIFIED PRODUCTS LIST (QPL) CONNECTOR ASSEMBLIES AND QPL ELECTRICAL CONTACTS (NOV 2011)

(End of Clause)

52.209-9001 Source Approval – Aircraft Launch and Recovery Equipment.

As prescribed in 9.290(a) insert the following provision:

SOURCE APPROVAL – AIRCRAFT LAUNCH AND RECOVERY EQUIPMENT (ALRE)

(NOV 2011)

(End of Provision)

52.209-9003 Pre-Award Sample(s).

As prescribed in 9.308-2(90) insert the following provision:

PRE-AWARD SAMPLE(S) (NOV 2011)

(c) Samples will be shipped to DLA Troop Support, Directorate of Medical Materiel Laboratory, Attention: Code MQA, 700 Robbins Avenue, Philadelphia, PA 19111-5092, unless otherwise directed by the contracting officer. In the submission of samples:

(1) Samples and protocol, consisting of test data and analysis of materials, shall be submitted at no cost to the Government within 15 calendar days after receipt by the offeror of the Government's request for such samples.

Note: Offerors are cautioned that the submission time is vital to the Government in making a timely award. Offerors must be prepared to submit samples and protocol timely, as late receipt may render the offer ineligible for award.

(2) The contracting officer shall advise the offeror of the results of the evaluation by written notice within _______calendar days after receipt of the sample.

(d) The samples referred to in the preceding paragraphs are not bid samples; rather, these samples are for the purpose of establishing the offeror's capability, if awarded a contract, to produce items conforming to the specifications. Failure to furnish the requested number of samples within the time specified above, failure to furnish samples conforming to the specifications, or failure to furnish the protocol, consisting of test data and analysis of materials required by the preceding paragraph, may result in rejection of the offer. Offerors are cautioned that upon receipt of any award hereunder, they are obliged to deliver supplies which comply with the specifications regardless of whether any sample submitted hereunder deviates in any way from the specification requirements.

(End of Provision)

52.209-9004 Sources for Clothing/Textile Components - National industries for the blind (NIB) and National industries for the severely handicapped (NISH).

As prescribed in 9.404-90 insert the following clause:

SOURCES FOR CLOTHING/TEXTILE COMPONENTS – NATIONAL INDUSTRIES FOR THE BLIND (NIB) AND NATIONAL INDUSTRIES FOR THE SEVERELY HANDICAPPED (NISH) (NOV 2011)

(End of Clause)

52.209-9005 Identification of Sources for All Components for Clothing/Textile Items.

As prescribed in 9.404-91 insert the following provision:

IDENTIFICATION OF SOURCES FOR ALL COMPONENTS FOR CLOTHING/TEXTILE ITEMS (APR 2008)

(End of Provision)

52.209-9012 Qualified List for Manufacturers/Qualified Suppliers List for Distributors.

As prescribed in 9.203(a)(91), insert the following clause:

QUALIFIED SUPPLIERS LIST FOR MANUFACTURERS (QSLM)/QUALIFIED SUPPLIERS LIST FOR DISTRIBUTORS (QSLD) (NOV 2011)

(End of Clause)

52.209-9013 Component Qualified Products List/Qualified Manufacturers List (QPL/QML) Items.

As prescribed in 9.203(a)(92), insert the following clause:

COMPONENT QUALIFIED PRODUCTS LIST (QPL)/ QUALIFIED MANUFACTURERS LIST (QML) (NOV 2011)

(End of Clause)

52.209-9014 Vehicle Registration and Operations.

As prescribed in 9.104-1(e)(90), insert the following provision:

VEHICLE REGISTRATION AND OPERATIONS (JUL 2008)

MINIMUM REQUIREMENTS FOR THE STATE OF VIRGINIA

(End of Clause)

52.209-9015 Waiver - first article test – simplified acquisitions.

As prescribed in 9.306(c)(90)(i), insert the following clause:

WAIVER – FIRST ARTICLE TEST - SIMPLIFIED ACQUISITIONS (NOV 2011)

(End of clause)

52.209-9016 Evaluation of offers – first article testing.

As prescribed in 9.306(i)(90), insert the following provision:

EVALUATION OF OFFERS – FIRST ARTICLE TESTING (MAR 2009)

(End of provision)

ALTERNATE I (MAR 2009) As prescribed at 9.306(i)(91), insert the following paragraph in lieu of the basic provision:

52.209-9017 First article – contractor testing – additional requirements.

As prescribed in 9.308-1(a)(91)(ii)(A), insert the following clause:

FIRST ARTICLE – CONTRACTOR TESTING – ADDITIONAL REQUIREMENTS (NOV 2011)

(a) For the Lots/Items identified in this contract as requiring “Contractor First Article Test (FAT) (including test report)” in accordance with the clause at FAR 52.209-3, the Contractor shall—

(1) Conform with technical requirements stated and/or referenced in the solicitation; including number of units to be tested, data required, performance or other characteristics that the first articles shall meet, sequence of processes, tests to which the first articles shall be subjected, and conformance criteria for each requirement specified; and

(2) Provide all facilities, equipment and personnel required to perform the examination and evaluation of the first article when first article testing will be conducted at the Contractor's plant. The Government reserves the right to charge the Contractor for any additional costs of examination and evaluation caused by failure of the Contractor to make available the first article or the required facilities, equipment or personnel, at the time the Contractor advised the testing would take place (see paragraph (a) of the clause at FAR 52.209-3).

(3) Prepare and disseminate the First Article Test Report as follows:

(i) Prepare the Test Report in accordance with Data Item Description DI-NDTI-80809B, entitled, “Test/Inspection Report;”

(ii) Mark the Test Report, “First Article Test Report – Contract Number: [Contractor insert Contract Number] and Lot/Item Number: [Contractor insert Lot/Item Number];”

(iii) Present the Test Report to the Inspecting Activity Quality Assurance Representative (QAR) for review. The QAR will—

(A) Prepare recommendations;

(B) Countersign the First Article Report;

(C) Forward two copies to the Contracting Officer at the buying activity; and

(D) Provide notification by e-mail, including award number, National Stock Number (NSN), and additive contract Line-item (CLIN) number, and provide copy of award, if not available in Electronic Document Access (EDA), to the Contracting Officer and to:

(End of clause)

ALT I (NOV 2011) As prescribed in 9.308-1(a)(91)(ii)(A)(1), add the following paragraphs (c)(1)-(2) to in the basic clause:

ALT II (NOV 2011) As prescribed in 9.308-1(a)(91)(ii)(A)(2), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause. The contracting officer shall complete the fill-ins in paragraph (a)(2)(ii) with information in the Material Master, Product Assurance tab.

ALT III (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(3), add the following paragraph (a)(3)(v) to the basic clause:

ALT IV (SEP 2008) As prescribed in 9.308-1(a)(91)(ii)(A)(4), insert the following paragraph (a)(1) in lieu of paragraph (a)(1) in the basic clause:

ALT V (NOV 2011) As prescribed in 9.308-1(a)(91)(A)(5), insert the following paragraph (a)(2) in lieu of paragraph (a)(2) in the basic clause.

52.209-9018 First Article - Government Test – Additional Requirements.

As prescribed in 9.308-2(a)(91)(ii)(A), insert the following clause:

FIRST ARTICLE – GOVERNMENT TEST – ADDITIONAL REQUIREMENTS (NOV 2011)

(End of clause)

ALT I (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(B), insert the following paragraph (a)(2) in lieu of paragraph (a)(2) in the basic clause:

ALT II (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(C),insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause. The contracting officer shall complete the fill-ins in paragraph (a)(2)(ii) with information in the Material Master, Product Assurance tab.

ALT III (NOV 2011) As prescribed in 9.308-2(a)(91)(ii)(D), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause:

ALT IV (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(E), insert the following paragraphs (a)(2)(i)-(iii) in lieu of paragraph (a)(2) in the basic clause:

ALT V (NOV 2011) As prescribed in 9.308-2(a)(91)(ii)(F), insert the following paragraph (a)(2)(i)-(ii) in lieu of paragraph (a)(2) in the basic clause:

ALT VI (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(G), insert the following paragraphs (a)(1)(i)-(ii) in lieu of paragraph (a)(1) in the basic clause:

ALT VII (SEP 2008) As prescribed in 9.308-2(a)(91)(ii)(H), insert the following paragraph (a)(1) in lieu of paragraph (a)(1) in the basic clause:

ALT VIII (NOV 2011) As prescribed in 9.308-2(a)(91)(ii)(I), insert the following paragraphs (b)(1)-(2) in lieu of paragraph (b) in the basic clause:

52.209-9019 Requests for Waiver of First Article Testing Requirements.

As prescribed in 9.306(c)(1), insert the following clause:

REQUESTS FOR WAIVER OF FIRST ARTICLE TESTING REQUIREMENTS (SEP 2008)

ALTERNATIVE PRICES OFFERED IF FIRST ARTICLE TESTING REQUIREMENT IS WAIVED:

(End of clause)

Alternate I (JUL 2008) As prescribed in 9.306(c)(2)(i), use the following paragraph (b) instead of paragraph (b) in the basic clause at 52.209-9019, and renumber paragraphs (b)-(d) in the basic clause as (c)-(e), respectively:

Alternate II (FEB 2010) As prescribed in 9.306(c)(1)(ii), insert the following paragraphs (a)-(b) in lieu of the basic clause:

CONTRACT NUMBER

PART NUMBER/ DATE OR REVISION

DATE FIRST ARTICLE APPROVED

     

52.209-9020 First article testing requirement – waiver approved.

As prescribed in 9.308-1(a)(93)(iii)(A) and 9.308-2(a)(93)(ii)(A), insert the following clause:

FIRST ARTICLE TESTING REQUIREMENT – WAIVER APPROVED (SEP 2008)

(End of clause)

52.209-9021 Drawing approval prior to production.

As prescribed in 9.306(c)(2)(ii), insert the following clause when a specification requires submission of drawings for Government approval prior to production of first article test units or production of contract quantity. Complete the fill-ins with information from the Material Master, Product Assurance tab:

DRAWING APPROVAL PRIOR TO PRODUCTION (SEP 2008)

(End of Clause)

52.209-9022 Compatibility testing requirements.

As prescribed at 9.390, insert the following clause,

COMPATIBILITY TESTING REQUIREMENTS (SEP 2008)

(End of clause)

52.209-9023 Compatibility testing approval – Government testing.

As prescribed in 9.390, insert the following clause:

COMPATIBILITY TESTING APPROVAL – GOVERNMENT TESTING (NOV 2011)

(End of clause)

52.209-9024 Government fit verification testing.

As prescribed at 9.391, insert the following clause:

GOVERNMENT FIT VERIFICATION TESTING (SEP 2008)

(End of clause)

52.209-9025 Government fit verification testing approval.

As prescribed in 9.391, insert the following clause:

GOVERNMENT FIT VERIFICATION TESTING APPROVAL (SEP 2008)

(End of clause)

52.209-9026 (Reserved).

52.209-9028 Qualified Suppliers List of Distributors (QSLD) – FSC 5961 and 5962.

As prescribed at 9.203(a)(93), insert the following clause:

QUALIFIED SUPPLIERS LIST OF DISTRIBUTORS (QSLD) – FEDERAL SUPPLY CLASS (FSC) 5961 AND 5962 (NOV 2011)

(End of clause)

52.209-9029 Notice of First Article Requirement and Conditions for Waiver (Logistics Command (LOGCOM) depot level repairable (DLR), DLA Land and Maritime).

As prescribed in 9.306(c)(1)(iii), insert the following clause:

NOTICE OF FIRST ARTICLE REQUIREMENT AND CONDITIONS FOR WAIVER (LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR), DLA LAND AND MARITIME) (NOV 2011)

(1) A Bidder/Offeror is currently in production, under a Government contract or a subcontract to a Government prime contractor, of end items identical or similar to those specified in this solicitation.

(2) A Bidder/Offeror not presently in production of the item has previously satisfactorily furnished, under a Government contract or a subcontract to a Government prime contractor, end items identical or similar to those specified in this solicitation. When more than twelve (12) months have elapsed (as of the date set for receipt of bid/proposal) since the delivery of identical or similar end items, First Article test may be required.

(d) Bidder/Offeror shall set forth in the space below contract numbers, if any, under which identical or similar items were previously accepted from the Bidder/Offeror by the Government and attach a copy of First Article approved documents.

CONTRACT NUMBER

DATE OF LAST DELIVERY OF END ITEM

   
   

(End of clause)

52.209-9030 First Article Evaluation Factors (Logistics Command (LOGCOM) depot level repairable (DLR), DLA Land and Maritime).

As prescribed in 9.306(i)(92)(A)(1), insert the following provision:

FIRST ARTICLE EVALUATION FACTORS (LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME) (NOV 2011)

(a) In the event the Offeror does not qualify for Waiver of First Article Testing under provisions set forth elsewhere in this solicitation, the costs of First Article Testing shall be a factor in evaluating offers.

(b) If the Offeror fails to furnish a separate offered price for the First Article line item in Section “B”, the bid or proposal shall be evaluated under the presumption that there is no separate charge for First Article Testing, and the Offeror agrees to perform such tests in accordance with terms of the resulting contract at no additional cost to the Government.

(End of provision)

ALT I (FEB 2010) As prescribed in 9.306(i)(92)(A)(2), add the following paragraphs (c) and (d) to the basic provision:

(c) It is estimated that Government costs incidental to First Article Test/Evaluation will be $[Contracting officer shall insert dollar amount]. For purposes of evaluation only, this amount will be added to those bids/proposals which do not qualify for Waiver of First Article under provisions set forth elsewhere in this solicitation.

(d) If a First Article is disapproved and resubmission is authorized, the Government costs of $[Contracting officer shall insert dollar amount] related to additional approval tests will be deducted from the contract amount for each submittal in accordance with Federal Acquisition Regulation (FAR) clause 52.209-4(c). This amount is in addition to any consideration flowing to the Government for extension, if such applies.

(End of provision)

52.209-9031 Definitive Responsibility Criteria (DLA Energy).

As prescribed in 9.104-2(b)(90), insert the following clause:

DEFINITIVE RESPONSIBILITY CRITERIA (DLA ENERGY) (NOV 2011)

(End of clause)

52.209-9032 Responsibility Criteria for Support to Overseas Contingency Contracts.

As prescribed in 9.102-1(90)(b), insert the following clause:

RESPONSIBILITY CRITERIA FOR SUPPORT TO OVERSEAS CONTINGENCY CONTRACTS (AUG 2011)

(End of clause)

52.211-9000 Government surplus material.

As prescribed in 11.304-91(a), insert the following clause:

GOVERNMENT SURPLUS MATERIAL (NOV 2011)

ALT I (AUG 2008) GOVERNMENT SURPLUS MATERIAL

As prescribed in 11.304-91(a)(3), delete paragraphs (a)-(j) of the basic clause, and insert the following:

(End of clause)

52.211-9001 Market Acceptance.

As prescribed in 11.103(a), insert the following provision:

MARKET ACCEPTANCE (FEB 1996)

(End of provision)

Alternate I (FEB 1996). The contracting officer may substitute the following paragraph for the basic provision to obtain documentation after offers are received:

52.211-9002 Priority rating.

As prescribed in 11.604(90), insert the following clause:

PRIORITY RATING (NOV 2011)

(End of clause)

52.211-9003 Conditions for Evaluation of Offers of Government Surplus Material.

As prescribed in 11.304-91(a), insert the following provision:

CONDITIONS FOR EVALUATION OF OFFERS OF GOVERNMENT SURPLUS MATERIAL

(AUG 2008)

(End of provision)

52.211-9004 Priority rating for various long-term contracts.

As prescribed in 11.604(90), insert the following clause in prime vendor, corporate, and other long term contracts:

PRIORITY RATING FOR VARIOUS LONG-TERM CONTRACTS (NOV 2011)

(End of provision)

52.211-9005 Conditions for evaluation and acceptance of offers for critical safety items.

As prescribed in 11.304-90(a), insert the following clause:

CONDITIONS FOR EVALUATION AND ACCEPTANCE OF OFFERS FOR CRITICAL SAFETY ITEMS (NOV 2011)

(End of clause)

52.211-9006 Changes in contractor status, item acquired, and/or manufacturing process/facility – critical safety items.

As prescribed in 11.304-90(b), insert the following clause:

CHANGES IN CONTRACTOR STATUS, ITEM ACQUIRED, AND/OR MANUFACTURING PROCESS/FACILITY -- CRITICAL SAFETY ITEMS (JUL 2002)

(End of clause)

52.211-9007 Withholding of Materiel Review Board (MRB) authority.

As prescribed in 11.304-90(c), insert the following clause:

WITHHOLDING OF MATERIEL REVIEW BOARD (MRB) AUTHORITY - CRITICAL SAFETY ITEMS (NOV 2011)

(End of clause)

52.211-9008 Reserved.

52.211-9009 Non-Acceptability of Government Surplus Material.

As prescribed in 11.304-91(b), insert the following provision:

NON-ACCEPTABILITY OF GOVERNMENT SURPLUS MATERIAL (NOV 2011)

(End of provision)

52.211-9010 Shipping label requirements – military standard (MIL-STD) 129P.

As prescribed in 11.290(b), insert the following clause:

SHIPPING LABEL REQUIREMENTS – MILITARY STANDARD (MIL-STD) 129P (NOV 2011)

Depot Storage Site

DoDAAC

Defense Depot Susquehanna Pennsylvania (DDSP)

W25G1U and SW3124

Defense Depot San Joaquin California (DDJC)

W62G2T and SW3224

Defense Depot Norfolk Virginia (DDNV)

SW3117

Defense Depot San Diego California (DDDC)

SW3218

Defense Depot Jacksonville Florida (DDJF)

SW3122

Defense Depot Puget Washington (DDPW)

SW3216

Defense Depot Cherry Point North Carolina (DDCN)

SW3113

Defense Depot Columbus Ohio (DDCO)

SW0700

Defense Depot Richmond Virginia (DDRV)

SW0400

Defense Depot Red River Texas (DDRT)

W45G19 and SW3227

Defense Depot Corpus Christi Texas (DDCT)

W45H08 and SW3222

Defense Depot Tobyhanna Pennsylvania (DDTP)

W25G1W and SW3114

Defense Depot Anniston Alabama (DDAA)

W31G1Z and SW3120

Defense Depot Hill Utah (DDHU)

SW3210

Defense Depot Oklahoma City Oklahoma (DDOO)

SW3211

Defense Depot Warner Robins Georgia (DDWG)

SW3119

Defense Depot Barstow California (DDBC)

SW3215

Defense Depot Albany Georgia (DDAG)

SW3121

(End of clause)

Alternate I (AUG 2005). As prescribed in 11.290(b), insert the following:

52.211-9011 Business Systems Modernization (BSM) delivery terms and evaluation.

As prescribed in 11.404-90, insert the following provision:

BUSINESS SYSTEMS MODERNIZATION (BSM) DELIVERY TERMS AND EVALUATION

(MAY 2006)

(End of provision)

52.211-9012 Obsolete Components/Materials.

As prescribed in 11.401-91, insert the following clause:

OBSOLETE COMPONENTS/MATERIALS (NOV 2011)

(End of clause)

52.211-9013 Shipper’s Declaration of Dangerous Goods.

As prescribed in 11.204-90, insert the following clause:

SHIPPER’S DECLARATION OF DANGEROUS GOODS (NOV 2011)

(End of clause)

52.211-9014 Contractor Retention of Traceability Documentation.

As prescribed in 11.304-92(a), insert the following clause:

CONTRACTOR RETENTION OF TRACEABILITY DOCUMENTATION (OCT 2008)

(End of clause)

52.211-9015 Preference for Recycled Toner and Cartridges.

As prescribed in 11.304-93 (d), insert the following clause:

PREFERENCE FOR RECYCLED TONER AND CARTRIDGES (JUL 2008)

(End of Clause)

52.211-9018 Availability of Mylar Drawings.

As prescribed in 11.201(b), insert the following clause:

AVAILABILITY OF MYLAR DRAWINGS (NOV 2011)

(End of clause)

52.211-9019 Reduced delivery schedule applies when first article testing requirements are waived.

As prescribed at 9.306(f)(2) and 11.404, insert the following clause:

REDUCED DELIVERY SCHEDULE APPLIES WHEN FIRST ARTICLE TESTING REQUIREMENTS ARE WAIVED (SEP 2008)

(End of clause)

52.211-9020 Time of Delivery – Accelerated Delivery.

As prescribed in 11.404(a)(1)(91) insert the following clause:

TIME OF DELIVERY – ACCELERATED (JUN 2008)

(End of clause)

52.211-9021 Variation in Quantity.

As prescribed in 11.703(a) insert the following clause:

VARIATION IN QUANTITY (NOV 2011)

(End of Clause)

52.211-9022 Superseded Part-Numbered Items.

As prescribed in 11.304-92. insert the following clause:

SUPERSEDED PART-NUMBERED ITEMS (NOV 2011)

(End of clause)

52.211-9023 Substitution of Item After Award.

As prescribed in 11.304-92, insert the following clause

SUBSTITUTION OF ITEM AFTER AWARD (NOV 2011)

(End of clause)

52.211-9024 Shelf-Life Items Manufacturing Restrictions.

As prescribed in 11.304-93, insert the following clause:

SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS (FEB 2007)

(End of Clause)

Alternate I As prescribed in 11.304-93 insert the following clause instead of 52.211-9024:

SHELF-LIFE ITEMS MANUFACTURING RESTRICTIONS FOR FSG 91 ALTERNATE I (FEB 2007)

(End of Clause)

52.211-9025 Compliance with National Sanitation Foundation (NSF) Requirements.

As prescribed in 11.304-93, insert the following clause:

COMPLIANCE WITH NATIONAL SANITATION FOUNDATION (NSF) REQUIREMENTS

(NOV 2011)

[ ] Product currently is being tested or will be tested by NSF for compliance with the applicable NSF standards.

[ ] Results of tests for compliance with applicable NSF standards by independent testing laboratory have been approved by the Government. A copy of the Contracting Officer's approval is attached.

[ ] Product currently is being tested or will be tested for compliance with applicable NSF standards by an independent testing laboratory in accordance with this clause.

[ ] NSF testing has been waived due to the following: ________________________________

(End of Provision)

52.211-9026 Delays in Shipment of Products Requiring United States Department of Agriculture (USDA) Laboratory Analysis.

As prescribed in 11.404-91, insert the following clause:

DELAYS IN SHIPMENT OF PRODUCTS REQUIRING UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) LABORATORY ANALYSIS (NOV 2011)

The specifications of this contract require a USDA Laboratory Analysis of samples of the product to be delivered. Offerors should consider this requirement when submitting offers so that appropriate consideration is given to planning production schedules. If there are delays in performing the USDA analysis of the samples, or if there are delays in receiving the USDA analysis due to the postal service, the contractor shall so notify the contracting officer. An extension in shipping time may be authorized when the conditions of (a) below, and if applicable, (b) below are satisfied.

Example:

RDD

Shipping Date

Receipt of Analysis

Adjusted RDD

30 Nov

27 Nov

28 Nov

1 Dec

(End of Clause)

52.211-9030 Annotation of Shipping Documents for Lubricating Oil, Engine, Grade OE/HDO 40.

As prescribed in 11.204-91, insert the following clause:

ANNOTATION OF SHIPPING DOCUMENTS FOR LUBRICATING OIL, ENGINE, GRADE OE/HDO 40 (APR 2008)

(End of Clause)

52.211-9031 Marking Requirements for High and Low Pressure Cylinders.

As prescribed in 11.204-91, insert the following clause:

MARKING REQUIREMENTS FOR HIGH AND LOW PRESSURE CYLINDERS (NOV 2011)

(End of Clause)

52.211-9032 Shipping and Routing.

As prescribed in 11.404-92, insert the following clause:

SHIPPING AND ROUTING (NOV 2011)

(End of Clause)

52.211-9033 Packaging and Marking Requirements.

As prescribed in 11.204-96, insert the following clause:

PACKAGING AND MARKING REQUIREMENTS (APR 2008)

(End of Clause)

52.211-9034 Packaging/Marking Requirements for DMS Buys.

As prescribed in 11.204-93 insert the following clause:

PACKAGING/MARKING REQUIREMENTS FOR DIMINISHING MANUFACTURING SOURCES (DMS) BUYS – DLA MARITIME (NOV 2011)

Requirements apply only to line item ____ , PR __________ , NSN ___________

(End of Clause)

52.211-9035 Marking Requirements.

As prescribed in 11.204-94, insert the following clause:

MARKING REQUIREMENTS –DLA MARITIME (NOV 2011)

Marking of Unit, Intermediate and Shipping Containers for Shipment and Storage: Unless authorized by paragraph 7 below, all shipments, regardless of levels specified, including industrial, shall be marked in accordance with the most recent version of military standard (MIL-STD) 129P, “Marking for Shipment and Storage". In addition to MIL STD-129P requirements, the following instructions also apply:

(End of Clause)

52.211-9036 Physical Identification/Bare Item Marking.

As prescribed in 11.204-99, insert the following clause:

PHYSICAL ITEM IDENTIFICATION/BARE ITEM MARKING – DLA LAND AND MARITIME (NOV 2011)

Unless authorized by exclusions listed below, all items shall be marked as specified in military standard (MIL-STD) 130N. The following DLA Land and Maritime supplemental marking requirements shall take precedence in case of conflict with MIL-STD-130N.

DLA Land and Maritime Exclusion:

(End of Clause)

52.211-9037 Time of Delivery – direct vendor delivery (DVD).

As prescribed in 11.404-90(b), insert the following clause:

TIME OF DELIVERY –DIRECT VENDOR DELIVERY (DVD) (NOV 2011)

Delivery orders shall specify the date of delivery based on the priority of the delivery order line item. Ramp up periods, when needed, will be as specified elsewhere in the schedule.

(a) For any delivery order which specifies a priority of 1 to 3 and has a delivery location within the contiguous United States (CONUS), the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for free on board (f.o.b.) destination and/or within____ days after date of order for f.o.b. origin.

(b) For any delivery order which specifies a priority of 1 to 3 and has a delivery location outside the continental U.S. (OCONUS) the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for f.o.b. DESTINATION and/or within____ days after date of order for f.o.b. ORIGIN.

(c) For any delivery order which specifies a priority of 4 to 15, has a delivery location within CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

(d) For any delivery order which specifies a priority of 4 to 15, has a delivery location OCONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

(e) For all other delivery orders which specify a priority of 4 to 15 and have a delivery location within CONUS, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

(f) For all other delivery orders which specify a priority of 4 to 15 and have a delivery location OCONUS, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

(g) SHIPMENTS TO STOCK LOCATIONS:

For any delivery order which specifies delivery to a Defense Logistics Agency (DLA)/Department of Defense (DoD) stock location, the contractor shall be required to ship and deliver the order quantities so as to ensure receipt at the delivery destination(s) within _____ days after date of order for fob destination and/or within____ days after date of order for f.o.b. origin.

(h) FIRST ARTICLE:

When first article is required, the delivery timeframe will commence upon approval of first article. The delivery date of the first delivery order will be the delivery based on the priority of the delivery order line item plus the delivery timeframe specified by Federal Acquisition Regulation (FAR) Clause 52.209-3 or 52.209-4 (Section I) for submission of approval of the first article.

(i) OFFEROR’S PROPOSED SCHEDULE:

Offerors proposing to meet the Government’s required delivery schedule, as shown above, need not enter anything in the “Offeror’s Proposed Schedule” section.

For priority 1-3 items with destinations within CONUS, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 1-3 items with destinations outside CONUS, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 4-15, destination within CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 4-15, destination outside CONUS, an RDD of 444, 555, 777 N**, E** or a Julian Date within 8 days of date of order, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 4 to 15 (all others), destination within CONUS, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For priority 4 to 15 (all others), destination outside CONUS, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

For shipments to DLA/DoD stock locations, delivery shall be within _____ days after date of order for f.o.b. destination and/or within____ days after date of order for f.o.b. origin.

(j) The contractor shall furnish copies of both shipping and delivery documents whenever requested by the Contracting Officer.

(k) Offering a greater number of delivery days than requested in (a) thru (g) may result in the offer being rejected.

(End of clause)

52.211-9038 Time of Delivery/Performance – Base Installation.

As prescribed in 11.404-93, insert the following clause:

TIME OF DELIVERY/PERFORMANCE – BASE INSTALLATIONS (JUL 2008)

MONDAY THROUGH FRIDAY, HOURS:

(End of Clause)

52.211-9039 Compliance with Coast Guard Requirements.

As prescribed in 11.107-90, insert the following clause:

COMPLIANCE WITH COAST GUARD REQUIREMENTS (NOV 2011)

[ ] Product has Coast Guard approval. A copy of approval is attached.

[ ] Product currently is being evaluated by the Coast Guard.

[ ] Product does not have Coast Guard approval.

(End of Clause)

52.211-9040 Amount of Liquidated Damages.

As prescribed in 11.503(a)(90,) insert the following clause:

AMOUNT OF LIQUIDATED DAMAGES (NOV 2011)

(End of Clause)

52.211-9041 Lengths, Tickets, Packaging, Marking of Cuts or Pieces.

As prescribed in 11.272-90, insert the following clause:

LENGTHS, TICKETS, PACKAGING, MARKING OF CUTS OR PIECES – DLA TROOP SUPPORT, CLOTHING AND TEXTILES (C&T) (NOV 2011)

(End of Clause)

52.211-9042 Additional Documentation Requirements for Source Approval Request – Critical Application Item and Critical Safety Item.

As prescribed in 11.304-93(c), insert the following provision:

ADDITIONAL DOCUMENTATION REQUIREMENTS FOR SOURCE APPROVAL REQUEST – CRITICAL APPLICATION ITEM AND CRITICAL SAFETY ITEM (NOV 2011)

(End of Provision)

52.211-9043 Medical Material Requiring Refrigeration.

As prescribed in 11.304-93(c), insert the following clause:

MEDICAL MATERIAL REQUIRING REFRIGERATION – DLA TROOP SUPPORT - MEDICAL (NOV 2011)

(End of Clause)

52.211-9044 New Drug Applications.

As prescribed in 11.204-91, insert the following provision:

NEW DRUG APPLICATIONS - DLA TROOP SUPPORT MEDICAL (NOV 2011)

(End of Provision)

52.211-9045 Pre-market Notification.

As prescribed in 11.204-92, insert the following provision:

PRE-MARKET NOTIFICATION - DLA TROOP SUPPORT - MEDICAL (NOV 2011)

Item Number Premarket Notification Number/Approval Date

OR

State Basis for Exemption

I (name of authorized representative), ______________________________________, hereby state that to the best of my knowledge and belief the information provided here is complete and accurate.

Authorized Representative’s Signature _________________________________

Authorized Representative’s Title __________________________Date _________

(End of Provision)

52.211-9046 Food and drug administration (FDA) Compliance.

As prescribed in 11.204-93, insert the following clause:

FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE - DLA TROOP SUPPORT MEDICAL AND SUBSISTENCE (NOV 2011)

(End of Clause)

52.211-9047 Manufacturer’s Make or Model Number.

As prescribed in 11.274-4(90), insert the following provision:

MANUFACTURER'S MAKE OR MODEL NUMBER (NOV 2011)

(End of Provision)

52.211-9048 Data Name Plates.

As prescribed in 11.274-4(91), insert the following provision:

DATA NAME PLATES - DLA TROOP SUPPORT - SUBSISTENCE (NOV 2011)

(End of Provision)

52.211-9049 Time of Delivery – Incremental Delivery.

As prescribed in 11.404(a)(1)(92), when incremental delivery is requested.

TIME OF DELIVERY - INCREMENTAL DELIVERY (NOV 2011)

REQUIRED DELIVERY SCHEDULE

ITEM NUMBER QUANTITY WITHIN NUMBER DAYS AFTER DATE OF AWARD

________ _________ _________________________________________

(Any balance shall be delivered at the rate of [Contracting Officer insert number of items] every [Contracting Officer insert number of days] days thereafter.)

The Government may elect to consider for award only those offers that comply with the required delivery schedule but reserves the right to consider offered delivery times that exceed the number of delivery days required by the government. the offeror may propose an alternative delivery schedule below. If the Offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM NUMBER QUANTITY WITHIN NUMBER DAYS AFTER DATE OF AWARD

________ _________ ________________________________________

(Any balance shall be delivered at the rate of [Offeror insert number of items] every [Offeror insert number of days] days thereafter.)

(End of clause)

52.211-9050 Quantity Variance for Aerial Photographic Film.

As prescribed in 11.703-90, insert the following clause:

QUANTITY VARIANCE FOR AERIAL PHOTOGRAPHIC FILM (JUN 2008)

(End of Clause)

52.211-9051 Time of Delivery.

As prescribed in 11.404(a)(1)(90), insert the following clause:

TIME OF DELIVERY (NOV 2011)

REQUIRED DELIVERY SCHEDULE

ITEM NUMBER QUANTITY WITHIN NUMBER DAYS AFTER DATE OF AWARD

________ _________ _________________________________________

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM NUMBER QUANTITY WITHIN NUMBER DAYS AFTER DATE OF AWARD

________ _________ ________________________________________

(End of Clause)

52.211-9052 Notification to Government of and Contemplated Production Phase-out.

As prescribed in 11.9001-90, insert the following clause:

NOTIFICATION TO GOVERNMENT OF AND CONTEMPLATED PRODUCTION PHASE-OUT (NOV 2011)

Supply Center: DLA Aviation, Office: FAGD

Address: 8000 Jefferson Davis Highway , Richmond, Virginia 23297-5862

Supply Center: DLA Troop Support

Address: 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5096

Supply Center: DLA Land and Maritime, Office: VSD

Address: 3990 East Broad Street, Columbus, Ohio 43218

DLA Headquarters (HQ): Defense Logistics Agency, Office: DLA J3

Address: 8725 John J. Kingman Rd., Suite 4240, Fort Belvoir, Virginia 22060-6221

Diminishing Manufacturing Sources and Material Shortages (DMSMS) Integrated Supplier Team (IST): DLA DMSMS IST “VSD”

3390 East Broad Street, Columbus, Ohio 43218

Phone: (614) 692-7493

(End of Clause)

52.211-9053 Expedited Handling Shipments.

As prescribed in 11.604-91, insert the following clause:

EXPEDITED HANDLING SHIPMENTS (NOV 2011)

(End of Clause)

52.211-9054 Time of Delivery – Contracts.

As prescribed in 11.404(a)(1)(93), insert the following clause:

TIME OF DELIVERY (NOV 2011)

(End of Clause)

52.211-9057 Ordering/Time of Performance (Indefinite Delivery/Time and Material/Labor Hour Contract).

As prescribed in 11.404-94, insert the following clause:

ORDERING/TIME OF PERFORMANCE (INDEFINITE DELIVERY/TIME AND MATERIAL/LABOR HOUR CONTRACT) (NOV 2011)

(a) Delivery orders will be issued by the Contracting Officer and shall specify a final date for completion of performance considering the following availability requirement regarding the contractor’s personnel:

(b) The contractor may delay for fourteen (14) calendar days the availability of additional employees in any labor category to work on delivery orders or combinations of delivery orders requiring use of additional employees in that labor category.

(c) The final completion date will be as specified in the delivery order unless the contractor formally requests an extension of the performance date under the delivery order modification procedures specified herein, provides an explanation for the extension beyond reasons provided for in this clause, and the request is granted in the form of a formal modification to the delivery order.

(End of Clause)

52.211-9059 Time of Delivery – Alternate Delivery Schedules.

As prescribed in 11.404-96, insert the following clause:

TIME OF DELIVERY – ALTERNATE DELIVERY SCHEDULES (NOV 2011)

FIRST ALTERNATE DELIVERY SCHEDULE

ITEM NUMBER

QUANTITY

WITHIN NUMBER OF DAYS AFTER DATE OF CONTRACT

SECOND ALTERNATE DELIVERY SCHEDULE

ITEM NUMBER

QUANTITY

WITHIN NUMBER OF DAYS AFTER DATE OF CONTRACT

THIRD ALTERNATE DELIVERY SCHEDULE

ITEM NUMBER

QUANTITY

WITHIN NUMBER OF DAYS AFTER DATE OF CONTRACT

(End of provision)

52.211-9060 Time of Delivery.

As prescribed in 11.404-97, insert the following clause:

TIME OF DELIVERY (NOV 2011)

DELIVERY SCHEDULE

ITEM NUMBER

QUANTITY

DAYS

_________

__________

_______________________________

_________

__________

_______________________________

_________

__________

_______________________________

Liquidated Damages ( ) is ( ) is not applicable.

NOTE: ACCELERATED DELIVERY IS ACCEPTABLE AT NO ADDITIONAL COST TO THE GOVERNMENT

(End of Clause)

52.211-9061 Time of Delivery (Overlapping Orders (IDC).

As prescribed in 11.404-98, insert the following clause:

TIME OF DELIVERY (OVERLAPPING ORDERS) INDEFINITE DELIVERY CONTRACT (IDC) (NOV 2011)

(Any balance shall be delivered at the rate of _________ every __________ days thereafter.)

(Any balance shall be delivered at the rate of _________ every _________ days thereafter)

(End of Clause)

52.211-9062 Delivery Requirements.

As prescribed in 11.404-99 insert the following clause:

DELIVERY REQUIREMENTS (NOV 2011)

(End of Clause)

52.211-9063 Unit Package Marking Requirement for Component Lead Finish.

As prescribed in 11.291, insert the following clause:

UNIT PACKAGE MARKING REQUIREMENT FOR COMPONENT LEAD FINISH (NOV 2011)

(End of clause)

52.211-9064 Drawing Limitations - Tank-automotive and Armaments Command (TACOM) depot level repairable (DLR) – DLA Land and Maritime.

As prescribed in 11.204-100, insert the following clause:

DRAWING LIMITATIONS - TANK-AUTOMOTIVE AND ARMAMENTS COMMAND (TACOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME (NOV 2011)

(End of Clause)

52.211-9065 Special Notice of Contractor Responsibilities for Components and Tooling (Army Aviation and Missile Command (AMCOM) depot level repairable (DLR) – DLA Aviation).

As prescribed in 11.204-101, insert the following clause:

SPECIAL NOTICE OF CONTRACTOR RESPONSIBILITES FOR COMPONENTS AND TOOLING (ARMY AVIATION AND MISSILE COMMAND (AMCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION) (NOV 2011)

(End of clause)

52.211-9066 Required Delivery for Orders (Army Aviation and Missile Command (AMCOM) depot level repairable (DLR) – DLA Aviation).

As prescribed in 11.204-102, insert the following clause:

REQUIRED DELIVERY FOR ORDERS (ARMY AVIATION AND MISSILE COMMAND (AMCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION) (NOV 2011)

(End of clause)

52.211-9067 Deliveries or Performance – Time of Delivery (Naval inventory control point (NAVICP) depot level repairable (DLR) – DLA Aviation).

As prescribed in 11.204-103, insert the following clause:

DELIVERIES OR PERFORMANCE - TIME OF DELIVERY (NAVAL INVENTORY CONTROL POINT (NAVICP) DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION) (NOV 2011)

Reasons why Government’s desired schedule cannot be met: ______________________

(End of clause)

52.211-9068 Continuance of Performance During Any State of Emergency (Republic of Korea) (DLA Energy).

As prescribed in 11.401(93), insert the following clause:

CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY (REPUBLIC OF KOREA) (DLA ENERGY) (NOV 2011)

(End of clause)

52.211-9069 Time of Delivery – Ordering Office.

As prescribed in 11.404-94 insert the following provision:

TIME OF DELIVERY – ORDERING OFFICE (NOV 2011)

(End of Provision)

52.211-9070 Relief from Diminishing Manufacturing Sources or Material Shortages Components (F-16 Program) (AF Program) AF- Hill depot level repairable (DLR) – DLA Aviation.

As prescribed in 11.9002-90(a), insert the following clause:

RELIEF FROM DIMINISHING MANUFACTURING SOURCES OR MATERIAL SHORTAGES COMPONENTS (F-16 PROGRAM) AIR FORCE (AF)-HILL DEPOT LEVEL REPAIRABLE (DLR) – DLA AVIATION (NOV 2011)

(End of Clause)

52.211-9071 Required Source Approval - Logistics Command (LOGCOM) depot level repairable (DLR) –DLA Land and Maritime.

As prescribed in 11.304-93(e), insert the following provision:

REQUIRED SOURCE APPROVAL – LOGISTICS COMMAND (LOGCOM) DEPOT LEVEL REPAIRABLE (DLR) – DLA LAND AND MARITIME (NOV 2011)

(a) The source(s) listed below have been approved by the Government for supply of the spare/component parts called for herein in order to assure the requisite safe, dependable, effective operation, and support of military equipment. Offerors other than the below listed approved source(s) will not be considered for award under this solicitation unless:

(1) The Offeror submits prior to or concurrent with its proposal proof of prior Government approval as a supplier of the required item(s); or,

(2) The Offeror submits prior to or concurrent with its proposal evidence of having satisfactorily produced the required item(s) for the Government or the prime equipment manufacturer(s); or,

(3) The Offeror submits prior to or concurrent with its proposal a certification specifying that the required item(s) will be obtained from sources having current Government approval as a result of satisfactorily supplying the same item(s) to the Government or the prime equipment manufacturer(s); or,

(4) The Offeror submits prior to or concurrent with its proposal such complete and current engineering data for the item(s) (including manufacturing control drawings, qualification test reports, quality assurance procedures, etc.) as may be required for evaluation purposes to determine the acceptability of the item as supplied by your firm for Government use; or

(5) The Offeror, who is not the manufacturer, notifies the Procuring Contracting Officer (PCO) at least ten (10) days prior to the opening of bids or proposals that the Offeror intends to provide surplus parts manufactured by one of the approved sources listed below. The Government will determine on a case-by-case basis, whether or not surplus parts can be considered in view of the criticality of the parts, and the extent of the evidence necessary for the Offeror to establish that the parts conform to the applicable specifications.

(b) Offers based on the submittal of approval information in accordance with paragraph (a) of this clause may, as determined by the Contracting Officer, be considered for award under this solicitation only if:

(1) The evaluation of such offers is practicable and in the Government's interest considering the availability of resources and cost to the Government for the qualification of new sources for the required item(s) as well as the advantages anticipated to be derived by the Government as a result of such qualification; and,

(2) The Government can, in fact, determine that the item, as supplied by the Offeror, is acceptable for Government use; and,

(3) In all cases, the evaluation/verification of the submittal and the requisite approval and award thereon can be made in time to meet the Government's requirements.

(c) The Government's decision regarding the suitability/acceptability of Offeror submittals under paragraphs (a) and (b) hereof, and the consideration for award based thereon, shall be final.

(d) The listing of approved sources below does not constitute a predetermination of responsibility or ability of the listed sources to perform on this particular procurement.

APPROVED SOURCES:

Item No.

Manufacturer

Manufacturer Code

Part Number

(End of provision)

52.211-9072 General Receiving and Storing Conditions (DLA Energy).

As prescribed in 11.404(a)(1)(94), insert the following clause:

GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY) (NOV 2011)

(End of clause)

52.211-9073 Determination of Quantity - DLA Energy.

As prescribed in 11.703-91, insert the following clause:

DETERMINATION OF QUANTITY – DLA ENERGY (NOV 2011)

(End of clause)

52.211-9084 Packaging, Packing, Marking and Labeling of Hazardous Material Shipments (DLA Maritime-Norfolk).

As prescribed in 11.204-104, insert the following clause in full text:

PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS MATERIAL SHIPMENTS (DLA MARITIME-NORFOLK) (NOV 2011)

(a) Packaging, packing, marking and labeling hazardous materials to be shipped by any mode or combination of transportation modes shall be prepared (properly classed, described, packages, marked, labeled, placarded, etc.) for shipment in accordance with military standard (MIL-STD) 129 and all applicable Government and carrier regulations in effect at the time of shipment.

(b) Applicable regulations include, but are not necessarily limited to the following:

(1) Code of Federal Regulations (CFR) Title: 49 Transportation Parts 100-199.

(2) Official Air Transport Restricted Articles Tariff Number 6-D C.A.B.82.

(3) Official Air Transport Restricted Articles Circular Number 6-D.

(4) International Air Transport Association Restricted Articles Regulations.

(5) International Maritime Dangerous Goods Code.

(6) Air Force Regulation 71-4 Preparation of Hazardous Materials for Military Shipment.

(c) Export shipments are also subject to the domestic regulations indicated for the port of embarkation.

(End of Clause)

52.211-9085 Prohibited Packing Materials (DLA Maritime-Norfolk and Puget Sound).

As prescribed in 11.204-105, insert the following clause in full text:

PROHIBITED PACKING MATERIALS (DLA MARITIME-NORFOLK AND PUGET SOUND)

(JUN 2011)

(End of Clause)

52.211-9086 Deteriorative Material Marking (DLA Maritime-Norfolk and Puget Sound).

As prescribed in 11.204-106, insert the following clause in full text:

DETERIORATIVE MATERIAL MARKING (DLA MARITIME-NORFOLK AND PUGET SOUND) (NOV 2011)

(End of Clause)

52.211-9087 Level I Material Marking (DLA Maritime-Norfolk)).

As prescribed in 11.304-90(e), insert the following clause in full text:

LEVEL I MATERIAL MARKING (DLA MARITIME-NORFOLK) (NOV 2011)

(a) The following are the minimum marking requirements. Additions or alternative marking requirements, if applicable, will be specified in the procurement specification ordering data.

(b) All materials, which secure or act as pressure boundaries of Level I systems, supplied must be permanently and legibly marked in accordance with military standard (MIL-STD) 792 (latest revision) unless otherwise specified in the applicable specifications or drawings.

(c) The marking will not affect the fit, form or function of the material. For welded items, the marking will be located at least 1/2 inch from the weld edge. Items prepared for silver brazing will be marked outside the ultrasonic text area.

(d) Traceability markings for items with precision machined or plated surfaces or material with a suitable marking surface of less than 3/8 square inches (i.e., 3/8” x 3/8”) shall be applied to a durable tag and the tag securely affixed to the material. Mark the tag “item not permanently marked.”

(e) Traceability markings shall be maintained throughout assembly, and whenever possible shall be visible after assembly. For items where marking is not visible after assembly, a durable tag shall be securely attached to the item identifying the part number, piece number, traceability code and location of the permanent mark.

(f) When traceability markings are removed by a manufacturing or fabrication process, the marking shall be recorded prior to removal and be immediately restored upon completion of the process. If this cannot be done or is impractical, an appropriate material control procedure (such as a bag and tag, tagging, and /or tote box control) must be employed. The material control procedure must provide the method of positive control to preclude commingling of heats or loss of traceability. The traceability code shall be reapplied upon completion of the final manufacturing process.

(g) Traceability marking of consumable materials (i.e. weld filler metal, silver braze alloys, etc.) shall be by label attached to each container. Each container must contain material from the same heat, lot, or batch.

(End of clause)

52.211-9088 Level I Pressure Boundary Markings (DLA Maritime-Norfolk).

As prescribed in 11.304-90(f), insert the following clause in full text:

LEVEL I PRESSURE BOUNDARY MARKINGS (DLA MARITIME-NORFOLK) (NOV 2011)

(End of clause)

52.211-9089 Level I Fastener identification (DLA Maritime-Norfolk).

As prescribed in 11.304-90(g), insert the following clause in full text:

LEVEL I FASTENER IDENTIFICATION (DLA MARITIME-NORFOLK) (JUN 2011)

(a) Identification shall be maintained for Level I fasteners by unique lot number. All Level I fasteners, 1/2 inch nominal diameter and larger and all hull integrity fasteners, regardless of size, shall be marked with the kind of material, manufacturer’s trademark or symbol, and traceability code (i.e., heat number, lot number). Level I fasteners less than 1/2 inch nominal diameter shall be marked as space permits using the following order of precedence:

(1) The kind of material

(2) The manufacturer’s trademark or symbol

(3) The traceability code

(b) The material control process shall include requirements for the maintenance of traceability for items sent out for subcontracted operations.

If such operations would remove traceability marking, purchase or work orders shall specify method and marking location for remarking. The Contractor shall also ensure that subcontractor production controls are adequate to preclude commingling of materials during processing. The Contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(c) For material produced by batch, continuous cast, or continuous pour process, samples shall be taken no less than once every eight hours of operation for the purpose of validating proper chemical composition and mechanical properties.

(End of clause)

52.212-9000 Changes – Military Readiness.

As prescribed in 12.302(b)(3)(91), insert the following clause:

CHANGES – MILITARY READINESS (NOV 2011)

(End of Clause)

52.212-9001 Application of fast payment to Part 12 acquisitions.

As prescribed in 12.301(b)(3)(90), insert the following clause:

APPLICATION OF FAST PAYMENT TO PART 12 ACQUISITIONS (NOV 2011)

(End of clause)

52.212-9004 Reference to uniform contract format (UCF) in Commercial Acquisitions.

As prescribed in 12.204 (b), insert the following clause:

REFERENCE TO UNIFORM CONTRACT FORMAT (UCF) IN COMMERCIAL ACQUISITIONS (NOV 2011)

(End of Clause)

52.213-9000 Quantity break.

As prescribed in 13.101(a)(1)(90), insert a provision substantially as follows:

QUANTITY BREAK (NOV 2011)

(End of provision)

52.213-9001 Evaluation factor for source inspection.

As prescribed in 13.106-90(a), 14.201 8(a)(90), and 15.304 (c)(94), insert the following provision:

EVALUATION FACTOR FOR SOURCE INSPECTION (NOV 2011)

(End of provision)

Alternate I. Evaluation Factor for Source Inspection. As prescribed in 13.106-90(a) insert the following provision.

EVALUATION FACTOR FOR SOURCE INSPECTION ALTERNATE I (NOV 2011)

(End of Provision)

52.213-9002 Reserved

52.213-9004 Offeror representations, certifications, and fill-in information--electronic commerce.

As prescribed in 13.101(b)(2)(90), insert the following provision in all solicitations below the simplified acquisition threshold issued using electronic means, except for those accomplished through the PD2 and Event Manager components of Business Systems Modernization.

OFFEROR REPRESENTATIONS, CERTIFICATIONS, AND FILL-IN INFORMATION-- ELECTRONIC COMMERCE (NOV 2011)

(End of provision)

52.213-9005 Reserved.

52.213-9006 Reserved.

52.213-9007 DLA Internet Bid Board System (DIBBS) Quoting Information for BSM Automated Solicitations.

As prescribed in 13.106-1(91), insert the following provision in all Business Systems Modernization (BSM) automated solicitations valued at or below $150,000:

DEFENSE LOGISTICS AGENCY (DLA) INTERNET BID BOARD SYSTEM (DIBBS) QUOTING INFORMATION FOR BUSINESS SYSTEMS MODERNIZATION (BSM) AUTOMATED SOLICITATIONS (NOV 2011)

DISCLAIMER: The Fast PACE icon is used to indicate a “T” or “U” solicitation with an estimated dollar value of “the micropurchase threshold” or less, not the potential quoted value. Quotes valued less than “the micropurchase threshold” that are submitted in response to solicitations that have an estimated value greater than “the micropurchase threshold”, may result in an early award as a result of being evaluated as a Fast PACE quote, even if not originally designated as such.

(End of Provision)

52.213-9008 Procurement Automated Contract Evaluation (PACE) Information.

As prescribed in 13.106-2(b) (92), insert the following provision in all BSM automated solicitations valued at or below $150,000:

PROCUREMENT AUTOMATED CONTRACT EVALUATION (PACE) INFORMATION

(NOV 2011)

(a) PACE EVALUATION: Acquisitions are candidates for automated award under the Defense Logistics Agency’s Procurement Automated Contract Evaluation (PACE) program, when the solicitation states that the PACE program applies. The program uses price logic and other automated filters to make fully automated and buyer assisted automated awards valued at $150,000 or less. A purchase order with a “V” in the ninth position denotes an order issued under PACE. PACE only considers “qualified quotes” for award. Qualified quotes are in exact compliance with the solicitation requirements (bid type equal to “bid without exception”), and are submitted on the Defense Logistics Agency’s Internet Bid Board System (DIBBS). Refer to provision 52.213-9007 for information related to DIBBS.

(1) The following are not, by themselves, considered exceptions to the solicitation requirements and will not make a quote ineligible** for an award:

(i) Quoting delivery days different than the required delivery days;

(ii) **Quoting origin inspection on solicitations requiring destination Inspection;

(iii) Quoting a superseding or previously approved part or correction to a commercial and Government entity (CAGE)/part number cited in the acquisition identification description (AID) on an item described by manufacturer’s CAGE and part number;

(iv) Quoting a used, reconditioned, remanufactured item;

(v) Quoting other than a domestic end product on an unrestricted solicitation;

(vi) Quoting a hazardous item;

(vii) Quoting a new/unused Government surplus item; and

(viii) Quoting “Other” when the solicitation states a Higher Level Quality requirement is required

** NOTE: The Department of Defense is implementing a policy that limits government source inspections, and permits government source inspection for specific instances. Vendors should submit quotes based on the requirements stated in the solicitation. If a vendor’s quote does not comply with the requirements stated in the solicitation, evaluation factors will be applied. See paragraph (b)(1) below. Additionally, should a quote citing origin inspection for a solicitation requiring destination inspection be evaluated manually, the quote may become ineligible for award.

(2) The following are considered exceptions to the solicitation requirements and will make a quote ineligible for an automated PACE award:

(i) Quoting an alternate product or otherwise taking exception to the solicitation’s item description;

(ii) Exceptions to Packaging requirements;

(iii) Exceptions to free on board (f.o.b.) terms;

(iv) Quoting destination inspection on a solicitation requiring origin inspection;

(v) Exceptions to required quantity;

(vi) Quoting a quantity variance greater than what is specified on the solicitation;

(vii) Quoting “None” when a Higher Level Quality Requirement is required; and

(viii) Quoting the use of Child Labor

(b) PACE EVALUATION FACTORS: PACE evaluates all qualified quotes on the basis of price alone and does not consider quantity price breaks. Price evaluation factors are added to the total quoted price in the following instances:

(1) $250 for quoting origin inspection when the Government’s requirement is for destination inspection (see Defense Logistics Acquisition Directive (DLAD) clause 52.213-9001; factor does not apply to Foreign Military Sales (FMS) and Direct Vendor Delivery (DVD) requirements if any qualified quote is above $25,000);

(2) $200 for quoting surplus material on non-critical items; $700 for quoting surplus material on critical items. When an automated quote of surplus material is in line for award after applying the above evaluation factors, a manual evaluation will be conducted in accordance with the more detailed evaluation criteria in DLAD 52.211-9003.;and

(3) The Buy American Act (BAA) places restrictions on the purchase of supplies that are not domestic end products. Refer to Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7036.

(c) TIE QUOTES: If evaluated offers results in a tie between qualified quotes, the award decision will be based on the following order of precedence:

(1) A domestic end product offer over a non-qualifying country end product offer;

(2) Small business offer over a large business offer;

(3) Offer with the shortest delivery (If a quote contains different deliveries for multiple line items the automated evaluation program uses the average of the delivery periods); and

(4) First quote submitted.

(d) MANUAL EVALUATION: If the solicitation did not state that it was a candidate for PACE evaluation, or if the solicitation stated that it was a candidate for PACE evaluation but PACE is unable to make price reasonableness or contractor responsibility determinations, the solicitation and quote will be evaluated and awarded manually. When a quote is manually evaluated the contracting officer may consider quantity price breaks offered without further solicitation or discussion.

(e) MANUAL EVALUATION FACTORS: If the requirement is evaluated manually, price, delivery, and past performance will be considered in accordance with the terms in the solicitation. Delivery will be considered consistent with DLAD 52.211-9011.

(f) ALTERNATE OFFERS: Alternate offers will not be considered for automated award. Alternate offers may be submitted for evaluation for future procurements to the location identified in DLAD Clause 52.217-9002.

(g) NOTICE OF AWARD: The Government’s offer to purchase, as evidenced by an order, is made on the basis of a submitted quotation. Vendors are requested to notify the administrative contracting officer, within 14 days after receiving the notice of award, when they will not perform in accordance with an order. Failure to provide prompt notice will adversely affect your past performance evaluation if this order is later cancelled at other than the Government’s request.

(h) PACE Distribution: The PACE award will be posted to the DLA DIBBS web site and distributed via email notification with a Web link to an electronic copy of the DD Form 1155, Order for Supplies or Services. Orders will be transmitted via Defense Logistics Agency Pre-award Contracting System (DPACS) Electronic Data Interchange (EDI) to contractors who are DPACS EDI capable. Contractors that are not DPACS EDI capable will receive their orders via email award notification containing Web links. Delays in the receipt of awards that are caused by email interruptions and Internet access are not excusable delays and will not extend delivery schedules.

(End of Provision)

52.213-9009 Fast Payment Procedure.

As prescribed in 13.404 (90), insert the following clause:

FAST PAYMENT PROCEDURE (NOV 2011)

When the contract or order includes Federal Acquisition Regulation (FAR) 52.213-1, Fast Payment Procedure, the following terms and conditions are included.

(a) The following statement shall appear on the consignee’s copy of the invoice or packing slip:

(b) Free on board (f.o.b.) terms are in accordance with FAR 52.213-1. Invoices shall be submitted directly to the finance office designated elsewhere in this order or in the basic contract, or in the case of unpriced purchase orders, to the contracting officer. For f.o.b. Origin shipments, transportation or postage shall be prepaid and added to the invoice as a separate line item.

(End of clause)

52.213-9010 IDPO Evaluation.

As prescribed in 13.390-5(b)(3)(90), insert the following clause:

INDEFINITE DELIVERY PURCHASE ORDER (IDPO) EVALUATION (NOV 2011)

(End of Provision)

52.213-9011 Indefinite Delivery Purchase Order (IDPO) Agreement.

As prescribed in 13.390-1(90) insert the following clause:

INDEFINITE DELIVERY PURCHASE ORDER (IDPO) AGREEMENT (SEP 2008)

NOTICE: The Government desires to award an IDPO agreement. The Government will award an Indefinite Delivery Purchase Order (IDPO) Contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/or other factors specified elsewhere in this solicitation considered.

(End of Clause)

52.213-9012 Indefinite Delivery Purchase Order (IDPO) Contract.

As prescribed in 13.390-1(91), insert the following clause:

INDEFINITE DELIVERY PURCHASE ORDER (IDPO) CONTRACT (NOV 2011)

NOTICE: The Government desires to enter into an IDPO contract. The Government will award an IDPO contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and/or other factors specified elsewhere in this solicitation considered.

(End of Clause)

52.214-9001 Schedule--firm fixed price and fixed price with economic price adjustment.

As prescribed in 14.201-2(b)(90) and 15.204-2(b)(90), insert the following or similar provision:

SCHEDULE - FIRM FIXED PRICE AND FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT (EPA) (NOV 2011)

(End of provision)

[Note: When circumstances warrant, e.g., a substantial number of items is involved, the contracting officer may elect to repeat this CLIN price buildup in the schedule to incorporate the firm fixed price portion of each option period price, in lieu of adding the table to paragraph (c)(2) of the clause at 52.217-9001 to record this information].

52.214-9002 Trade discounts.

As prescribed in 14.201-5(c)(90) and 15.204-5(c)(90), a provision substantially as follows may be inserted:

TRADE DISCOUNTS (JUN 1983)

(End of provision)

52.214-9003 Right to apply free on board (f.o.b.) origin offer.

As prescribed in 14.201-5(c)(91), a provision substantially the same as follows may be inserted in invitations for bids:

RIGHT TO APPLY FREE ON BOARD (F.O.B.) ORIGIN OFFER (NOV 2011)

(End of provision)

52.214-9004 Subcontracting to other industrial preparedness planned producers.

As prescribed in 14.201-3(90) and 15.204-3, insert the following clause:

SUBCONTRACTING TO OTHER INDUSTRIAL PREPAREDNESS PLANNED PRODUCERS

(NOV 2011)

(End of clause)

52.214-9005 Descriptive Literature.

As prescribed in 14.202-5(90) insert the following clause:

DLA ENERGY DESCRIPTIVE LITERATURE – INDUSTRIAL PLANT EQUIPMENT (IPE)

(NOV 2011 )

(End of Clause)

52.214-9006 Conditional or Qualified Offers.

As prescribed in 14.302-90, insert the following provision:

CONDITIONAL OR QUALIFIED OFFERS (AUG 2008)

This offer is submitted on condition that the offeror will not receive an award under the solicitation(s) listed below in quantities equal to or greater than that shown:

SOLICITATION NO(S). ITEM NO(S). QUANTITIES

(End of Provision)

52.214-9007 Place of Production of An Industrial Preparedness Program (IPP) Planned Item.

As prescribed in 14.202-91, insert the following clause:

PLACE OF PRODUCTION OF AN INDUSTRIAL PREPAREDNESS PROGRAM (IPP) PLANNED ITEM (AUG 2008)

(End of Clause)

52.214-9008 Rounding Off of Offer and Award Prices.

As prescribed in 14.302-91, insert the following clause:

ROUNDING OFF OF OFFER AND AWARD PRICES (AUG 2008)

(End of Clause)

52.214-9008 Alternate I Rounding Off of Offer and Award Prices.

As prescribed in 14.302-91, insert the following clause:

ROUNDING OFF OF OFFER AND AWARD PRICES ALTERNATE I (AUG 2008)

(End of Clause)

52.215-9001 Evaluation factor for preaward survey.

As prescribed in 13.106-90(b), 14.201-8(a)(91), and 15.304(c)(95), insert the following provision:

EVALUATION FACTOR FOR PREAWARD SURVEY (NOV 2011)

* Insert applicable time period in accordance with 15.304(c)(95)(A), (B) and (D).

** Insert the extent of indebtedness that applies in accordance with 15.304(c)(95)(E).

(End of provision)

52.215-9002 Socioeconomic proposal.

As prescribed in 15.304(c)(4)(B), insert the following or similar provision:

SOCIOECONOMIC PROPOSAL (NOV 2011)

In addition to any subcontracting plan required by the clause 52.219-9:

(End of Provision)

52.215-9003 Socioeconomic support evaluation.

As prescribed in 15.304(c)(4)(B), insert the following or similar provision:

SOCIOECONOMIC SUPPORT EVALUATION (NOV 2009)

(End of Provision)

52.215-9004 AbilityOne, (formerly called Javits-Wagner-O’Day Act (“JWOD”)) entity proposal.

As prescribed in 15.304(c)(91)(ii), insert the following or similar provision:

ABILITYONE (FORMERLY CALLED JAVITS-WAGNER-O’DAY ACT (“JWOD”)) ENTITY PROPOSAL (DEC 1997)

(End of provision)

52.215-9005 AbilityOne, (formerly called Javits-Wagner-O’Day Act (“JWOD”)) entity support evaluation.

As prescribed in 15.304(c)(91)(ii), insert the following or a similar provision:

ABILITYONE (FORMERLY CALLED JAVITS-WAGNER-O’DAY ACT (“JWOD”)) ENTITY SUPPORT EVALUATION (DEC 1997)

(End of provision)

52.215-9006 AbilityOne, (formerly called Javits-Wagner-O’Day Act (“JWOD”)) entity support- contractor reporting.

As prescribed in 15.304(c)(91)(iii), insert the following clause:

ABILITYONE (FORMERLY CALLED JAVITS-WAGNER-O’DAY ACT (“JWOD”)) ENTITY SUPPORT- CONTRACTOR REPORTING (DEC 1996)

(End of clause)

52.215-9007 Preproposal Conference.

As prescribed in 15.201(d), insert the following provision:

PREPROPOSAL CONFERENCE (FEB 2005)

(End of provision)

52.215-9008 Facsimile Bids and Proposals.

As prescribed in 14.201-6 (v) and 15.209 (e), insert the following if facsimile bids are authorized. For DLA Land and Maritime and DLA Troop Support solicitations use Alternates I and II to replace paragraph (c) as appropriate.

FACSIMILE BIDS AND PROPOSALS (NOV 2011)

Alternate I – (c) DLA Land and Maritime. The telephone number of the receiving facsimile equipment is 614-692-4275.

Alternate II - (c) Defense Supply Center Philadelphia. The telephone number of the receiving facsimile equipment is 215-737-9300 or 215-737-9301.

(End of provision)

52.215-9009 All or None for Automated Procurements.

As prescribed in 15.204-5(c)(90)(iv), insert the following provision:

ALL OR NONE FOR AUTOMATED PROCUREMENTS (AUG 2005)

(End of Provision)

52.215-9010 All or None (IFB/RFP only).

As prescribed in 15.204-5(c)(90)(v), insert the following provision:

ALL OR NONE (INVITATION FOR BID (IFB)/REQUEST FOR PROPOSAL (RFP) ONLY)

(NOV 2011)

(End of Provision)

52.215-9011 Requirements for Quantity Increments or Ranges.

As prescribed in 14.201-5(c)(93) or 15.204-5(c)(90)(i), insert the following provision:

REQUIREMENTS FOR QUANTITY INCREMENTS OR RANGES (JUL 2006)

(End of Provision)

52.215-9013 Production Facility Changes.

As prescribed in 15.408-90, insert the following clause:

PRODUCTION FACILITY CHANGES (NOV 2011)

(End of Clause)

52.215-9014 Aggregate Awards for Regional Petroleum Requirements.

As prescribed in 15.308-91, insert the following provision:

AGGREGATE AWARDS FOR REGIONAL PETROLEUM REQUIREMENTS (NOV 2011)

For example:

OFFERS FOR LESS THAN ALL THE LINE ITEMS INCLUDED IN EACH REGION WILL BE REJECTED AS NONRESPONSIVE ON A REGION-BY-REGION BASIS.

(End of Provision)

52.215-9015 Production Capacity.

As prescribed in 15.304-91, insert the following provision:

PRODUCTION CAPACITY DLA TROOP SUPPORT - CLOTHING AND TEXTILES (NOV 2011)

(End of provision)

52.215-9016 Notice to Contractors and Defense Finance Accounting Services (DFAS).

As prescribed in 15.204-5(90), insert the following clause:

NOTICE TO CONTRACTORS AND DEFENSE FINANCE ACCOUNTING SERVICES (DFAS)

(NOV 2011)

(End of clause)

52.215-9017 List of Documents, Exhibits, and Other Attachments.

As prescribed in 15.204-4(91), insert the following clause:

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS (APR 2008)

(End of Clause)

52.215-9018 Authorized Limitation.

As prescribed in 15.204-5(c)(90)(vi) insert the following provision:

AUTHORIZED LIMITATION (APR 2008)

(End of Provision)

52.215-9019 Operational Capability Demonstration.

As prescribed in 15.308-94 insert the following provision:

OPERATIONAL CAPABILITY DEMONSTRATION (AUG 2008)

(c) The test criteria are: _____(Insert text)___________________________________

Offeror’s proposed demonstration site:_______(Fill in)_____________________

(1) The evaluation team will arrive at the demonstration site at a time agreeable to the offeror and the government and established in writing through the contracting officer.

(2) The offeror shall brief the team prior to the initiation of the demonstration. The offeror shall use the briefing period to explain to the evaluation team how the demonstration will be conducted and to answer questions concerning the demonstration.

(3) Errors due to operators or equipment shall be documented if they occur. All errors, malfunctions, or other problems shall be discussed with the evaluation team member-in-charge. Allowances for correction/reruns will be at the discretion of the member-in-charge of the team.

(4) The demonstration is allotted _______[Insert text]________________.

Although this is not a timed benchmark test, the demonstration should be conducted within the time allotted.

(End of Provision)

52.215-9020 Instructions for Submitting Product Demonstration Models (PDM) for Supply Chains at DLA Troop Support.

As prescribed in 15.308-93, insert the following provision:

INSTRUCTIONS FOR SUBMITING PRODUCT DEMONSTRATION MODELS (PDM) FOR SUPPLY CHAINS AT DLA TROOP SUPPORT (NOV 2011)

The following applies only when checked as paragraph (c):

[ ] If the PDM will be used as a manufacturing standard, for the successful offeror(s), the Government will return one approved Product Demonstration Model (PDM) which will serve as a manufacturing standard. Products delivered under any resulting contract shall conform to the approved model as to the characteristics listed for test or evaluation and shall conform to the specification/commercial product description characteristics.

[ ] It is preferred that the materials used to manufacture the PDM(s) be in accordance with any specifications defined in Section C of this solicitation. However, if the offeror uses alternate materials to manufacture the PDM(s) a letter must be supplied with them stating (i) which materials depart from the end item specification and (ii) that, although the materials used in producing the PDM(s) differ from those specified, the materials required by the specification will be utilized under any resultant contract.

NOTE: The use of alternate materials will not affect the rating of the PDM, either favorably or negatively when the use of the alternate materials is identified in accordance with the requirements of this section. However, the Government reserves the right to give a negative rating to (a) PDM(s) that is(are) made with materials that depart from the end item specification and the use of those alternate materials was not identified in accordance with the requirements of this section. Accordingly, to preclude a negative assessment of a PDM that is comprised of materials that are not in accordance with the specification(s), it is in the offeror's best interest to identify any and all alternate materials that have been used.

Although the offeror is permitted to use alternate materials to construct the PDM(s), the offeror is not permitted to utilize alternate manufacturing operations or change the construction/design of the PDM. The PDM must be manufactured (i) at the same facility as the production quantity and (ii) must be in accordance with applicable specifications, including the placement of the labels, unless otherwise identified. However, labels need not be printed for the purpose of the PDM but there must be an indication as to the size of the PDM, when applicable."

(End of Provision)

52.215-9021 Department of Defense (DOD) Electronic Mall (EMALL) Purchasing Reviews.

As prescribed in 15.408-90, insert the following clause in all DoD EMALL solicitations and contracts.

DEPARTMENT OF DEFENSE (DOD) ELECTRONIC MALL (EMALL) PURCHASING REVIEWS (NOV 2011)

(End of Clause)

52.215-9022 Contractor Past Performance Evaluation – Automated Systems.

As prescribed in 15.304-90(f)(2), insert the following provision:

CONTRACTOR PAST PERFORMANCE EVALUATION – AUTOMATED (NOV 2011)

(End of Provision)

52.215-9023 Reverse Auction.

As prescribed in 15.408-90(c) use the following provision 52.215-9023, Reverse Auction (RA) in solicitations where it has been determined that the items are good candidates for this pricing technique.

REVERSE AUCTION (NOV 2011)

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. If the Contracting Officer does not conduct a reverse auction, award may be made on the basis of initial offers or following discussions not using reverse auctioning as a pricing technique. If the Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations, the Contracting Officer will notify offerors of this decision and the following provisions will apply.

(End of Provision)

52.215-9024 State Minimum Price Regulations.

As prescribed in 15.408-91, insert the following provision:

STATE MINIMUM PRICE REGULATIONS (NOV 2011)

(End of Provision)

52.215-9033 Competing Individual Delivery Orders Through On-Line Reverse.

As prescribed in 15.408-909(c) use the following clause 52.215-9033, Competing Individual Delivery Orders Through On-Line Reverse Auctioning, in solicitations and contracts where it has been determined that all or some of the delivery orders issued against a multi-award indefinite delivery contract (IDC) will utilize on-line reverse auctioning as its pricing techniques:

COMPETING INDIVIDUAL DELIVERY ORDERS THROUGH ON-LINE REVERSE AUCTIONING (NOV 2011)

The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price negotiations when placing delivery orders against this contract. If the Contracting Officer does not conduct a reverse auction, the delivery order will be placed based upon pricing established through other means specified in the contract. If the Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations when competing a specific delivery order, the Contracting Officer will notify the contractor of this decision via email (sample attached), and the following will apply.

(End of Clause)

52.216-9000 Implementation of FAR 52.216-2 Economic Price Adjustment--Standard Supplies.

Pursuant to 16.203-4(a)(1)(90), insert a clause that is substantially the same as the following clause:

IMPLEMENTATION OF FEDERAL ACQUISITION REGULATION (FAR) 52.216-2 ECONOMIC PRICE ADJUSTMENT - STANDARD SUPPLIES (NOV 2011)

_________________________(Note1)_________________________________

(End of clause)

Note 1: The contracting officer shall list the CLIN to be subject to EPA, provide for offeror fill-in of its item name, part number, current cost, unit of measure and f.o.b. location for such item, and for the name, source and date of the document containing such price.

52.216-9001 Implementation of FAR 52.216-3 Economic Price Adjustment--Semistandard Supplies.

Pursuant to 16.203-4(b)(90), insert a clause that is substantially the same as the following clause:

IMPLEMENTATION OF FEDERAL ACQUISITION REGULATION (FAR) 52.216-3 ECONOMIC PRICE ADJUSTMENT - SEMISTANDARD SUPPLIES (NOV 2011)

(End of clause)

Note 1: The contracting officer shall list the CLIN to be subject to EPA, provide for offeror fill-in of its item name, part number, current cost, unit of measure and f.o.b. location for such item, and for the name, source and date of the document containing such price.

52.216-9002 Implementation of FAR 52.216-4 Economic Price Adjustment--Labor and Material.

Pursuant to 16.203-4(c)(90), insert a clause that is substantially the same as the following clause:

IMPLEMENTATION OF FEDERAL ACQUISITION REGULATION (FAR) 52.216-4 ECONOMIC PRICE ADJUSTMENT - LABOR AND MATERIAL (NOV 2011)

(End of clause)

Note 1: For the item to be subject to price adjustment, the contracting officer shall list the CLIN, the specific labor category or item of raw material, purchased part, etc. to be subject to EPA, provide for offeror fill-in of its current cost and unit of measure for such category/item, and for the name, source and date of the document containing such cost.

Note 2: The contracting officer shall identify the quantity and cost (or the dollar percentage) of the item listed in paragraph (b) that is included in CLIN price, along with an explicit description of how an increase, and how a decrease, in such item cost shall be used in calculating any EPA to the CLIN unit price. A sample calculation may be included if deemed beneficial.

52.216-9003 Economic Price Adjustment – Specialty Metals – Market Price – Prospective Adjustments.

Pursuant to 16.203-4(91)(iv) insert the following clause:

ECONOMIC PRICE ADJUSTMENT-SPECIALTY METALS – MARKET PRICE - PROSPECTIVE ADJUSTMENTS (NOV 2011)

(End of Clause)

Paragraph (b)(5) – Buyer fill-in of frequency of adjustment period (quarterly, semi-annually or annually).

Paragraph (c)(7)(i) – Buyer fill-in of EPA ceiling percentage. Unless approved by the Chief of the Contracting Office, the ceiling shall be no more than 10%.

Table (f) columns (1) though (4) are vendor fill-ins, column (5) is a buyer fill-in.

Use with clause 52.217-9001 if contract will include options.

52.216-9006 Addition/Deletion of Items.

As prescribed in 16.506(90), insert the following clause:

ADDITION/ DELETION OF ITEMS (AUG 2005)

(End of clause)

52.216-9007 Contract and Delivery Order Limitations.

As prescribed in 16.506(91)(a), insert the following clause:

CONTRACT AND DELIVERY ORDER LIMITATIONS (NOV 2011)

[ ] (a) Delivery orders will specify delivery no less than ______________ days from the date of order. Changes or cancellations to delivery orders may be made by giving the contractor notice no less than ___ days [remembering that days are always calendar days unless otherwise defined] before the required delivery date.

(b) Maximum Contract Limitation. The maximum quantity or maximum dollar value that may be ordered against this contract is _______________.

(c) Guaranteed Minimum.

(1) The Government guarantees that it will order under this contract (and under the contract awarded for any partial set-aside) the following minimum, as applicable:

Contract

Line-Item

(CLIN)

FIRST QTR

SECOND QTR

THIRD QTR

FOURTH QTR

____________

_________

____________

__________

____________

CLIN

MINIMUM QUANTITY PER DESTINATION

________________

__________________________________


(2) The Government may fulfill the guarantee by a single delivery order or by any number of delivery orders subject to the minimum per order specified in the clause Order Limitations, Federal Acquisition Regulation (FAR) clause 52.216-19 (a). The maximum quantity per order does not apply until after the guaranteed minimum is satisfied.

(3) In the event that a single delivery order includes both items that are within the guaranteed minimum and items in excess of the guaranteed minimum, the maximum delivery order limitations in FAR 52.216-19 (b) shall apply, and the Contractor shall be governed by the notice requirement of FAR 52.216-19 (d).

(4) The total of the delivery orders issued during the base contract period will apply to the minimum guarantee stated in this paragraph (c). The Government’s obligations with regard to the guarantee will be satisfied when the total of the delivery orders equals or exceeds the guaranteed quantity or guaranteed dollar value, as applicable.

(d) If this is an invitation for bids (IFB) and the Government elects to award a different quantity than that solicited or bid upon, the delivery schedule will be changed in direct proportion to the change in quantity. If this solicitation involves a partial set-aside, the Government will consider each destination (or combined destinations) separately in awarding the set-aside portion. The destination(s) appearing on page(s)______________ is (are) the non-setaside portion.

(End of clause)

52.216-9008 Offeror’s Quantity Limitations.

As prescribed in 16.506(91)(b), insert the following clause:

OFFEROR’S QUANTITY LIMITATIONS (JUL 2006)

(End of clause)

52.216-9009 Estimated Total Quantity.

As prescribed in 16.506(91)(c)(1), insert the following clause:

ESTIMATED TOTAL QUANTITY (NOV 2011)

NOTE: It is anticipated that the quantities listed will remain constant for any additional option periods as provided elsewhere in this contract.

(End of clause)

52.216-9010 Contract Quantity Limitations.

As prescribed in 16.506 (91)(c)(2), insert the following clause:

CONTRACT QUANTITY LIMITATIONS (NOV 2011)

[ ] (a) The quantity limitations on any contract resulting from this solicitation are as follows during the contract period*:

The Government is obligated to order only the minimum quantity or dollar figure stated above.

If this solicitation provides for a partial Small Business set-aside and the resulting award is made to a contractor receiving the set-aside and non setaside portion, the quantities specified above for both minimum and maximum will be doubled.

[ ] (b) Multiple National Stock Numbers (NSNs): The NSNs or NSN groups cited in the solicitation may be split (with one or more NSNs awarded to one contractor, one or more to another contractor or contractors) after evaluation of offers. If there are split awards, the contract minimum for each contract during the contract period* will become the total of the minimum(s) for the NSNs awarded to each offeror The resulting contract minimum applies to the entire range of items awarded and does not guarantee that the Government will purchase any particular quantity or dollar amount of any individual NSN awarded.

The contract minimum will be $_______________, which is the total of the minimum estimates for all NSNs. The minimum estimate for each NSN is calculated;

( ) (1) as ________ per cent of the estimated annual demand value for each item, or

( ) (2) as specified below for each NSN or NSN group

The contract maximum during the contract period* will be $_____________________.

[ ] (c) MULTIPLE AWARDS – The Government anticipates making multiple awards (awards for the same NSNs) as a result of this solicitation. If multiple awards are made, the contract minimum for each award during the contract period* will be a proportion of the overall minimum cited below. For example, if two awards are made the Government is obligated to purchase half of the minimum from each awardee. Regardless of the number of awards made under this solicitation, the Government may order, and each awardee is obligated to deliver, up to the maximum cited below:

The contract minimum will be $______________________, which is the total of the minimum estimates for all NSNs. The minimum estimate for each NSN is calculated:

( ) (1) as ________ per cent of the estimated annual demand value for each item, or

( ) (2) as specified below for each NSN or NSN group

The contract maximum during the contract period* will be $ _____________________.

*NOTE:

( ) Contract period as defined in this clause means the extended contract shall be inclusive of any/all option periods.

( ) Contract period as defined in this clause means a separate contract period for the initial basic and each option period.

(End of Clause)

52.216-9011 Economic Price Adjustment – DoD Electronic Mall (EMALL).

As prescribed in 16.203-4(92)(a)(1)(90)(i), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – DEPARTMENT OF DEFENSE (DOD) ELECTRONIC MALL (EMALL) (NOV 2011)

(End of clause)

52.216-9012 Economic Price Adjustment for unitized group rations (UGR) - a components – actual material costs.

Pursuant to FAR 16.203-4(c) and Defense Logistics Acquisition Directive (DLAD) 16.203-4(c)(90)(2), insert the following clause:

ECONOMIC PRICE ADJUSTMENT FOR UNITIZED GROUP RATIONS (UGR) - A COMPONENTS – ACTUAL MATERIAL COSTS – DLA TROOP SUPPORT SUBSISTENCE

(NOV 2011)

As an example, the following illustrates a request for a contract unit price change for lunch/dinner perishable menu 1:

Price Effective for Ordering Week 13-19 Aug 2006

LUNCH/DINNER MENU 1 PERISHABLE - 8970-01-525-6813 - Chicken Parmesan

             
 

Net

Net Unit

Case

Qty/

Units/

Component

Menu Item

Unit

Price

Pack

Ration

Ration

$ / Ration

             

Chicken Parmesan

CS

$22.45

50 PC

50 PC

50/50

$22.45

Sauce

CS

$4.25

6 CN

3 CN

3/6

$2.13

Lemon Cake

CS

$5.17

8 EA

2 EA

2/8

$1.29

Total Components Price

         

$25.87

Distribution Price

         

$4.25

Contract Unit Price

         

$30.12

On 15 Aug 2006, the Contractor has received a new delivery of Chicken Parmesan at $21.50 per case, and Lemon Cake at a delivered price of $5.30 per case. The Contractor would request a contract unit price change as follows (requested changes in bold):

 

Net

Net Unit

Case

Qty/

Units/

Component

Menu Item

Unit

Price

Pack

Ration

Ration

$ / Ration

             

Chicken Parmesan

CS

$21.50

50 PC

50 PC

50/50

$21.50

Sauce

CS

$4.25

6 CN

3 CN

3/6

$2.13

Lemon Cake

CS

$5.30

8 EA

2 EA

2/8

$1.33

Total Components Price

         

$24.96

Distribution Price

         

$4.25

Contract Unit Price

         

$29.21

(End of clause)

52.216-9013 Evaluation of Offers for Indefinite Delivery Type Solicitations.

As prescribed in 16.506(92)(a) insert the following provision:

EVALUATION OF OFFERS FOR INDEFINITE DELIVERY TYPE SOLICITATIONS (NOV 2011)

(a) When Federal Acquisition Regulation (FAR) clause 52.216-21 or one of its alternates is contained in this solicitation, this solicitation is for a Requirements contract. Offers will be evaluated on the basis of the estimated annual quantity. If quantity increments are offered with various prices, the highest price offered will be used for evaluation.

(b) When FAR clause 52.216-22 is contained in this solicitation, this solicitation is for an Indefinite Quantity contract. Offers will be evaluated on the basis of the estimated annual quantity. Unless (c) is checked below, if quantity increments are offered with various prices, the highest price offered will be used for evaluation. If line items for both DLA Direct and Customer Direct are included in the schedule, offers will be evaluated based on the total extended price for the DLA Direct and Customer Direct line items.

(c) [ ] If checked, and subject to the terms and conditions of the solicitation relating to the evaluation of offers, the following procedures will be followed:

(End of Provision)

Alternate I (APR 2008). As prescribed in 16.506(92)(a) Use ALT I when assigning the greatest weight to the quantity increment most likely to be procured for each delivery order. Replace paragraph (c)(1) with:

(c) ) [ ] If checked, and subject to the terms and conditions of the solicitation relating to the evaluation of offers, the following procedures will be followed:

(Offered unit price) x (increment weight) = weighted unit price (Sum of weighted unit prices) divided by (the sum of the weights) = weighted average price.

(End of Provision)

52.216-9014 Area Requirements – Tentative Destinations.

As prescribed in 16.506-93(a), insert the following provision:

AREA REQUIREMENTS – TENTATIVE DESTINATIONS (NOV 2011)

(Will be indicated in the solicitation)

(End of provision)

52.216-9015 Area Requirements- Contiguous United States (CONUS).

As prescribed in 16.506-93(b), insert the following clause:

AREA REQUIREMENTS – CONTIGUOUS UNITED STATES (CONUS) (NOV 2011)

(End of clause)

52.216-9016 Intent to Award Against Existing BOA.

As prescribed in 16.703(b)(90), insert the following provision:

INTENT TO AWARD AGAINST EXISTING BASIC ORDERING AGREEMENT (BOA)

(NOV 2011)

(End of provision)

52.216-9017 Single or Multiple Awards.

As prescribed in 16.506(f)(92), insert the following clause:

SINGLE OR MULTIPLE AWARDS (NOV 2011)

(End of clause)

52.216-9018 Alternate Offer Conditional Award.

As prescribed in 16.105-91, insert the following provision:

ALTERNATE OFFER CONDITIONAL AWARD (APR 2008)

(End of Provision)

52.216-9019 Area Requirements – East and West of Mississippi.

As prescribed in 16.506-94, insert the following provision:

AREA REQUIREMENTS – EAST AND WEST OF MISSISSIPPI - DLA TROOP SUPPORT CONSTRUCTION AND EQUIPMENT (C&E) (NOV 2011)

(End of Provision)

52.216-9020 Prime Vendor Requirements.

As prescribed in 16.506-95 insert the following clause:

PRIME VENDOR REQUIREMENTS DLA TROOP SUPPORT - MEDICAL (NOV 2011)

(End of clause)

52.216-9022 Placement of Task/Delivery Orders Against Multiple Indefinite Delivery Contracts.

As prescribed in 16.505(b)(90) insert the following clause:

PLACEMENT OF TASK/DELIVERY ORDERS AGAINST MULTIPLE INDEFINITE DELIVERY CONTRACTS (NOV 2011)

(End of Clause)

52.216-9023 Additional Ordering Limitation.

As prescribed in 16.506(91)(e), insert the following clause:

ADDITIONAL ORDERING LIMITATION (APR 2008)

(End of Clause)

52.216-9024 Adjustment to Ordering Period.

As prescribed in 16.506(91)(f), insert the following provision:

ADJUSTMENT TO ORDERING PERIOD (NOV 2011)

(End of Provision)

52.216-9025 Invoices for Delivery Orders.

As prescribed in 16.506(96), insert the following clause:

INVOICES FOR DELIVERY ORDERS (NOV 2011)

(End of Clause)

52.216-9026 Pricing of Delivery Orders with Quantity Increments.

As prescribed in 16.506-96(b), insert the following clause:

PRICING OF DELIVERY ORDERS WITH QUANTITY INCREMENTS (NOV 2011)

(End of Clause)

52.216-9027 Evaluation of Quantity Sensitive and Indefinite Delivery Contracts.

As prescribed in 16.504-90, insert the following clause:

EVALUATION OF QUANTITY SENSITIVE AND INDEFINITE DELIVERY CONTRACTS

(SEP 2008)

(End of Clause)

52.216-9028 Economic price adjustment (EPA) – Labor and Material.

As prescribed in 16.203-4-90(k), use the following clause.

ECONOMIC PRICE ADJUSTMENT LABOR AND MATERIAL (NOV 2011)

To be completed by contractor - material proposed for economic price adjustment.

The following types of materials and labor, if applicable, are subject to price adjustment pursuant to Federal Acquisition Regulation (FAR) Clause 52.216-4, Economic Price Adjustment (Section I), included herein:

(End of Clause)

52.216-9029 Economic price adjustment (EPA) Lead, Battery Consignment Program.

As prescribed in 16.203-4-90(c), use the following clause.

ECONOMIC PRICE ADJUSTMENT (EPA) LEAD, BATTERY CONSIGNMENT PROGRAM

(NOV 2011)

CONTRACT LINE-ITEM (CLIN) GOVERNMENT ESTIMATED

NATIONAL STOCK NUMBER (NSN) POUNDS OF LEAD / BATTERY

______________________ __________________________

______________________ __________________________

(5) CALCULATIONS. All calculations shall be rounded to two decimal places.

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total cumulative increase in any contract unit price pursuant to this economic price adjustment provision shall not exceed ___% (percent) of the original UPSA for each contract year. There is no limitation on the amount of decreases that may be made under this clause.

(7) REVISION OF MARKET PRICE INDICATOR. In the event –

(End of Clause)

52.216-9030 Economic Price Adjustment - Department of Labor Price Index.

As prescribed in 16.203-4-90(d), use the following clause.

Notes for fill-in text:

ECONOMIC PRICE ADJUSTMENT – DEPARTMENT OF LABOR PRICE INDEX (NOV 2011)

(End of Clause)

52.216-9032 Economic price adjustment (EPA) - Established Market Price – Milk

As prescribed in 16.203-4-90(f), use the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – MILK (FEB 2009)

(1) The "base price" for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at (i) the closing date for proposals, if no discussions are held, or (ii) the due date for final proposal revisions, if discussions are held. The "base price" for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The "adjusting price" shall be the monthly price of the economic indicator released following the month used to determine the "base price".

(1) Adjustments will be made in increments of $0.01 per gallon when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments in excess of $0.0100 per gallon and in excess of $0.0050 for units other than a gallon (i.e., half gallon, quart, pint and half pint) will be rounded to two decimal places to accommodate systems requirements of the Subsistence Total Order Receipt Electronic System (STORES), as follows:

 

$0.0050 to $0.0099 = $0.01

 

$0.0100 to $0.0149 = $0.01

 

$0.0150 to $0.0199 = $0.02

 

$0.0200 to $0.0249 = $0.02

 

$0.0250 to $0.0299 = $0.03, etc.

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(1) Compute adjusting price.

(2) Compute base price.

(3) Compute change from base price. (4) Convert the price change to price per gallon.

(5) Compute price change for other units other than a gallon.

(6) Round price adjustment(s) from lines (4) and (5) to nearest $0.01 increment (see paragraph (f)(2)).

(7) Compute adjusted contract unit price(s). The following sample price computation is an illustration using January as the Base Price and February as the Adjusting Price.

 

(1) Adjusting Price

   
   

Base Skim Milk Price for Class I

$7.72 CWT X 0.965

$ 7.4498

   

Advanced Butterfat Pricing Factor

$0.9302 LB X 3.5

$ 3.2557

   

Class I Price

 

$10.7055

       
 

(2) Base Price Base Skim Milk

   
   

Price for Class I

$7.72 CWT X 0.965

$ 7.4498

   

Advanced Butterfat Pricing Factor

$0.9854 LB X 3.5

$ 3.4489

   

Class I Price

 

$10.8987

       
 

(3) Change from Base Price per CWT

 

($0.1932)

       
 

(4) Price change per gallon Line (3) divide by 11.63 gallons/cwt

 

($0.0166)

       
 

(5) Price change per half gallon

 

($0.0083)

   

Price change per quart

 

($0.0042)

   

Price change per pint

 

($0.0021)

   

Price change per half pint

 

($0.0010)

       
 

(6) Price adjustment per gallon

 

($0.02)

   

Price adjustment per half gallon

 

($0.01)

   

Price change per quart

 

$0.00

   

Price change per pint

 

$0.00

   

Price change per half pint

 

$0.00

       
 

(7) Adjusted contract unit price

   
   

Item per gallon (Current Unit Price - $0.02)

   
   

Item per half gallon (Current Unit Price - $0.01)

   
   

Item per quart (No adjustment)

   
   

Item per pint (No adjustment)

   
   

Item per half pint (No adjustment)

   

(1) The adjusted contract unit price(s) for the following month will be input in STORES,

(2) A facsimile transmission will be sent to contractors who do not have electronic access, and

(3) The calculations used to derive the adjusted contract unit price(s) for the following month will be posted on the Internet.

(End of Clause)

52.216-9032 Economic price adjustment (EPA) - Established Market Price –Alternate I.

As prescribed in 16.203-4-90(f)(i) use the following clause.

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE ALTERNATE I (FEB 2009)

(a) To the extent that contingent cost increases are provided for by this clause, the contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

(b) This EPA clause applies to Class I Milk only (i.e., milk used in fluid products, including whole, low fat, extra light, nonfat and half-and-half). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

(c) Class I milk, as described in this clause, is subject to the regulations of the California Department of Food and Agriculture under the Stabilization and Marketing Plans for Market Milk.

(d) The economic indicator shall be the “State-Wide Average CWT Class 1 Price Based Upon Production”, as released monthly by the California Department of Food and Agriculture Dairy Marketing Branch in the “Minimum Prices for Class 1 Market Milk F.O.B. Processing Plant” price letter. (Note: The California Department of Food and Agriculture is not part of the Federal Milk Marketing Order (FMMO) system and maintains its own milk-marketing program).

(e) Price adjustments shall be based on the following:

(1) The “base price” for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at

(i) the closing date for proposals, if no discussions are held, or

(ii) the due date for final proposal revisions, if discussions are held.

The “base price” for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The “adjusting price” shall be the monthly price of the economic indicator released following the month used to determine the “base price”.

(f) For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made in increments of $0.01 per gallon when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments in excess of $0.0100 per gallon and in excess of $0.0050 for units other than a gallon (i.e., half gallon, quart, pint and half pint) will be rounded to two decimal places to accommodate systems requirements of the Subsistence Total Order Receipt Electronic System (STORES), as follows:

 

$0.0050 to $0.0099 = $0.01

 

$0.0100 to $0.0149 = $0.01

 

$0.0150 to $0.0199 = $0.02

 

$0.0200 to $0.0249 = $0.02

 

$0.0250 to $0.0299 = $0.03, etc.

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(g) Promptly following release of the Minimum Price Letter applicable to the following month, the contracting officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Determine adjusting price.

(2) Determine base price.

(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for other units other than a gallon.

(6) Round price adjustment(s) from lines (4) and (5) to nearest $0.01 increment (see paragraph (f)(2).

(7) Compute adjusted contract unit price(s).

The following sample price computation is an illustration using January as the Base Price and February as the Adjusting Price.

(1)

Adjusting Price

$ 11.75

CWT

       

(2)

Base Price

$ 11.98

CWT

       

(3)

Change from Base Price per CWT

$(0.23)

 
       

(4)

Price change per gallon

$(0.0198)

 
 

(Line (3) divide by 11.63 gallons/cwt)

   
       

(5)

Price change per half gallon

$(0.0099)

 
 

Price change per quart

$(0.0049)

 
 

Price change per pint

$(0.0025)

 
 

Price change per half pint

$(0.0012)

 
       

(6)

Price adjustment per gallon

$ (0.02)

 
 

Price adjustment per half gallon

$ (0.01)

 
 

Price adjustment per quart

$ (0.00)

 
 

Price adjustment per pint

$ (0.00)

 
 

Price adjustment per half pint

$ (0.00)

 
       

(7)

Adjusted contract unit price

   
 

Item per gallon (Current Unit Price - $0.02)

   
 

Item per half gallon (Contract Unit Price - $0.01)

   
 

Item per quart (No adjustment)

   
 

Item per pint (No adjustment)

   
 

Item per half pint (No adjustment)

   

(h) Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

(i) Price adjustments pursuant to this clause will not be made by separate contract modifications. Adjustments will be implemented by the government as follows, and these actions shall constitute a modification to the contract:

(1) The adjusted contract unit price(s) for the following month will be input in STORES,

(2) A facsimile transmission will be sent to contractors who do not have electronic access, and

(3) The calculations used to derive the adjusted contract unit price(s) for the following month will be posted on the internet.

(j) The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

(k) In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(l) Any dispute arising under this clause is subject to the “disputes” clause of the contract.

(End of Clause)

52.216-9032 Economic price adjustment (EPA) - Established Market Price – Milk ALTERNATE II.

As prescribed in 16.203-4-90(f)(ii) use the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – MILK ALTERNATE II (FEB 2009)

(a) To the extent that contingent cost increases are provided for by this clause, the contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

(b) This EPA clause applies to Skim Milk and Butterfat Fluid Milk Products classified as Class I Milk only (i.e., whole milk, fat-free milk, low fat milk, light milk, reduced fat milk, milk drinks, eggnog and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, sterilized, concentrated, or reconstituted. As used in this paragraph, the term concentrated milk means milk that contains not less than 25.5 percent, and not more than 50 percent, total milk solids). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

(c) Class I milk, as described in this clause, is subject to the regulations of the United States Department of Agriculture under the Federal Milk Marketing Orders.

(d) The economic indicator for the purpose of prospective adjustments to contract prices under this clause shall be the Class I price [(Base Skim Milk Price for Class I times 0.965) plus (Advanced Butterfat Pricing Factor times 3.5)] in the Announcement of Advanced Prices and Pricing Factors released by the U.S. Department of Agriculture, Agricultural Marketing Service, Dairy Programs. The Announcement is released on the Friday before the 23rd of the month unless the 23rd of the month falls on a Friday in which case, Friday the 23rd will be the release date.

(e) Price adjustments shall be based on the following:

(1) The “base price” for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at

(i) the closing date for proposals, if no discussions are held, or

(ii) the due date for final proposal revisions, if discussions are held.

The “base price” for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The “adjusting price” shall be the monthly price of the economic indicator released following the month used to determine the “base price”.

(f) For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments will be rounded to two decimal places to accommodate systems requirements of the Subsistence Total Order Receipt Electronic System (STORES).

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(g) Promptly following release of the Announcement of Advanced Prices and Pricing Factors applicable to the following month, the contracting officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Compute adjusting price.

(2) Compute base price.

(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for a box of 27 half pints (1.6875 gallons).

(6) Compute adjusted contract unit price(s).

The following sample price computation is an illustration using January as the Base Price and February as the Adjusting Price.

 

(1) Adjusting Price

   
   

Base Skim Milk Price for Class I

$7.72 CWT X 0.965

$ 7.4498

   

Advanced Butterfat Pricing Factor

$0.9302 LB X 3.5

$ 3.2557

   

Class I Price

 

$10.7055

         
 

(2) Base Price

   
   

Base Skim Milk Price for Class I

$7.72 CWT X 0.965

$ 7.4498

   

Advanced Butterfat Pricing Factor

$0.9854 LB X 3.5

$ 3.4489

   

Class I Price

 

$10.8987

         
 

(3) Change from Base Price per CWT

 

($0.1932)

         
 

(4) Price change per gallon Line (3) divide by 11.63 gallons/cwt

 

($0.0166)

         
 

(5) Price change per box

   
   

($0.0166) x 1.6875 gallons

 

($0.0280)

   

Rounded to two decimals

 

($0.03)

         
 

(6) Adjusted contract unit price

   
   

Current Unit Price - $0.03

   

(h) Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit prices.

(j) Payment on this contract shall be at the current contract price, which shall change upon issuance of an adjusting modification.

(k) The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase. There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

(l) In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(m) Any dispute arising under this clause is subject to the “disputes” clause of the contract.

(End of Clause)

52.216-9032 Economic price adjustment (EPA) - Established Market Price – Milk Alternate III.

As prescribed in 16.203-4-90(f)(iii) use the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – MILK ALTERNATE III (FEB 2009)

(a) To the extent that contingent cost increases are provided for by this clause, the contractor warrants that prices included in the contract do not include any amount to protect against such contingent cost increases.

(b) This EPA clause applies to Class I Milk only (i.e., milk used in fluid products, including whole, low fat, extra light, nonfat and half-and-half). Any package sizes other than gallons will be pro-rated based upon the price adjustment per gallon.

(c) Class I milk, as described in this clause, is subject to the regulations of the California Department of Food and Agriculture under the Stabilization and Marketing Plans for Market Milk.

(d) The economic indicator shall be the “State-Wide Average CWT Class 1 Price Based Upon Production”, as released monthly by the California Department of Food and Agriculture Dairy Marketing Branch in the “Minimum Prices for Class 1 Market Milk F.O.B. Processing Plant” price letter. (Note: The California Department of Food and Agriculture is not part of the Federal Milk Marketing Order (FMMO) system and maintains its own milk-marketing program).

(e) Price adjustments shall be based on the following:

(1) The “base price” for the purpose of the initial adjustment calculation under this clause shall be the current month price of the economic indicator in effect at

(i) the closing date for proposals, if no discussions are held, or

(ii) the due date for final proposal revisions, if discussions are held.

The “base price” for each subsequent monthly adjustment calculation shall be the adjusting price from the previous month.

(2) The “adjusting price” shall be the monthly price of the economic indicator released following the month used to determine the “base price”.

(f) For the purpose of price adjustments pursuant to this clause:

(1) Adjustments will be made when and only when the change per gallon in either direction is equal to or greater than +/-$0.0100.

(2) Adjustments will be rounded to two decimal places to accommodate systems requirements of the Subsistence Total Order Receipt Electronic System (STORES).

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk deliverable under this contract.

(g) Promptly following release of the Minimum Price Letter applicable to the following month, the contracting officer shall compute the adjustments, if any, to the current contract prices for the purpose of determining any revised prices applicable to orders for the next month in the manner detailed below:

(1) Determine adjusting price.

(2) Determine base price.

(3) Compute change from base price.

(4) Convert the price change to price per gallon.

(5) Compute price change for a box of 27 half pints (1.6875 gallons).

(6) Compute adjusted contract unit price(s).

The following sample price computation is an illustration using January as the Base Price and February as the Adjusting Price.

(1)

Adjusting Price

$11.75

CWT

       

(2)

Base Price

$11.98

CWT

       

(3)

Change from Base Price per CWT

($0.23)

 
       

(4)

Price change per gallon

($0.0198)

 
 

(Line (3) divide by 11.63 gallons/cwt)

   
       

(5)

Price change per box

   
 

($0.0198) x 1.6875 gallons

($0.0334)

 
 

Rounded to two decimals

($0.03)

 
       

(6)

Adjusted contract unit price

   
 

Current Unit Price - $0.03

   

(h) Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price change occurs.

(i) Price adjustments pursuant to this clause shall be made by contract modification showing the calculations used to derive the adjusted contract unit prices.

(j) Payment on this contract shall be at the current contract price, which shall change upon issuance of an adjusting modification.

(k) The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase There is no percentage limitation on the amount of downward adjustments that may be made under this clause.

(l) In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price adjustment(s) under this clause.

(m) Any dispute arising under this clause is subject to the “disputes” clause of the contract.

(End of Clause)

52.216-9033 Economic price adjustment (EPA) - Established Prices.

As prescribed in 16.203-4-90(g) use the following clause. Complete paragraph (c)(1) by entering the appropriate percentage price increase ceiling, considering the length of contract performance. Any percentage over 10 percent requires approval by the Chief of the Contracting Office.

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED PRICES (FEB 2009)

(End of clause)

52.216-9034 Economic Price Adjustment – Published market Price – Silver.

As prescribed in 16.203-4-90(h) use the following clause.

ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – SILVER (FEB 2009)

(End of Clause)

52.216-9035 Economic Price Adjustment – Published Market Price – Lead.

As prescribed in 16.203-4-90(i) use the following clause.

ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – LEAD (FEB 2009)

(End of Clause)

52.216-9036 Evaluation of Offers – Economic Price Adjustment.

As prescribed in 16.203-4-90(j)(i) use the following clause.

EVALUATION OF OFFERS - ECONOMIC PRICE ADJUSTMENT (FEB 2009)

(a) Offers in response to solicitations will be evaluated without adding any amount for economic price adjustment unless the Economic Price Adjustment (EPA) clause included in the solicitation provides for offerors to specify the portion of the contract price subject to EPA. In this case, the offered price(s) subject to the EPA clause will be adjusted to the maximum possible extent under the EPA using the price ceiling limitation provision of such clause for the basic contract plus all options covered by the evaluation. The resulting price(s) will be used for evaluation of offers.

(b) If a successful offeror stipulates a lower maximum increase limitation then that included in the solicitation, it will be incorporated into the resulting contract.

(c) Offers which (1) increase the maximum ceiling percentage specified in the solicitation, (2) stipulate a maximum decrease limit, or (3) delete or otherwise alter the economic price adjustment clause, will not be considered for award, unless the Contracting Officer determines that award on such basis is in the best interests of the Government and all Offerors are afforded an opportunity to offer on the same basis.

(End of Clause)

52.216-9037 Evaluation of Bids – Economic Price Adjustment.

As prescribed in 16.203-4-90(j)(ii), use the following clause.

EVALUATION OF BIDS - ECONOMIC PRICE ADJUSTMENT (NOV 2011)

(End of Clause)

52.216-9038 Price Redetermination – Prospective (DEVIATION).

As prescribed in 16.205-4, insert the following clause:

PRICE REDETERMINATION PROSPECTIVE (DEVIATION) (OCT 2008)

(End of Clause)

52.216-9039 Economic Price Adjustment – Standard Supplies (Jan 2009) Deviation.

As prescribed in 16.203-4, insert the following

ECONOMIC PRICE ADJUSTMENT – STANDARD SUPPLIES (JAN 1997) (DEVIATION)

(a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] 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 directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

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

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective 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 ordered on and after the effective 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 after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the contract unit price [at the outset of each performance/ordering period].

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities [ordered] under the contract before the effective date of the increased contract unit price.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue 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)

52.216-9040 Economic Price Adjustment – Established Catalog Price Two Upward Adjustments Per Year Open Season E-CAT Solicitation.

As prescribed in 16.203-4((a)(2)(90), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE TWO UPWARD ADJUSTMENTS PER YEAR OPEN SEASON E-CAT SOLICITATION (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s List Prices and certain Federal Supply Schedule (FSS) Unit Prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract Unit Price: The price per unit of issue comprised of the “List Price” and the applicable “Discount”. The Contract Unit Price is determined by reducing the applicable List Price by the appropriate Discount. Proposed revised prices are loaded by the contractor into an E-CAT File and are forwarded electronically to the Government. The Contractor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (g) and (h) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered unit prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract Unit Prices, List Prices, and Discounts under this contract are not visible in the E-CAT System to the contractor or any customer. The prices visible in the E-CAT System to the contractor or any customer are the Delivered Unit Prices which are the Contract Unit Prices plus the DLA Troop Support Administrative Fee percentage (in effect at that time) charged customers ordering under this contract.)

(2) Discount: The percentage reduction off the List Price proposed by the contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the contractor’s established commercial Catalog/Price List. (Contractors may offer larger discounts and/or reduced List Prices at any time.)

(3) List Price: The established Catalog Unit Prices of the items. In order for a “List Price” to meet the criteria as an established Catalog Price, it must meet the definition in (c)(1) below.

(4) Voluntary Price Reduction (VPR): See paragraph (l).

(c)(1) The term "established Catalog Unit Price", as used in this clause, means a Unit Price that (i) is a Catalog Price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the contractor.

(2) Unless otherwise specified, all reference to the terms “FSS Unit Price”(s) or “FSS Price(s)” as used in this clause, shall be the prices appearing in the contractor’s current Federal Supply Schedule for the same items under this contract.

(d) The offeror/contractor warrants that (1) the List Prices and the subsequent revisions thereto are the established Catalog Unit Prices in effect at time of Award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these List Prices do not include allowances for any portion of the contingency covered by this clause. The offeror/contractor also warrants that any Contract Unit Prices determined using FSS Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the contractor must furnish:

(1) their current established Catalog/Price List, offered Discounts, proposed Contract Unit Prices; and

(2) a copy of their current FSS’s, FSS Unit Prices, and the FSS contract expiration dates applicable to items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the Award Unit Prices will be established at the List Prices minus the offered Discounts provided the resulting Contract Unit Prices do not exceed the current FSS Unit Price for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed FSS Unit Prices.

(g) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in either 1) List Prices or 2) FSS Unit Prices when the reduction results in a revised FSS Price which is now lower than the current Contract Unit Price. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in List Price and any FSS Unit Price reduction which results in an FSS Unit Price which is now lower than the current Contract Unit Price. If the offered price decrease is based upon a reduction in List Price or FSS Price, the Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below. The contractor must furnish a copy of the revised Catalog/Price List or FSS Unit Price as soon as it is available. Also, for reductions in List Prices, the contractor must provide a copy of the “E-CAT file” at least 60 days prior to the date when the reduced List Prices take effect. For reductions in FSS, the Contractor shall provide a copy of the E-CAT file at least 30 days prior to the date the reduced FSS Unit Price takes effect. In addition to the “E-CAT file” and any other information required by the Contracting Officer, the contractor shall also separately furnish, within the appropriate timeframe above (i.e., at least 60 days for a reduction in List Price; at least 30 days for a reduction in FSS), an Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below:

(i) For List Price or FSS Changes: The item number; e.g., 0001AA.

(ii) For List Price or FSS Changes: The Supplier (Catalog); e.g., ABC Imaging, Inc.

(iii) For List Price or FSS Changes: The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) For List Price or FSS Changes: Part Number; HIH 2000

(v) For List Price or FSS Changes: The List Price upon which the current Contract Unit Price is based.

(vi) For List Price or FSS Changes: The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vii) For List Price or FSS Changes: The Contract Unit Price currently in effect.

(viii) For List Price Changes: The reduced List Price.

(ix) For List Price or FSS Changes: The applicable Contract Discount or larger Contract Discount now offered.

(x) For List Price or FSS Changes: The reduced Contract Unit Price now offered.

(xi) For List Price Changes: The percentage decrease in List Price from the List Price which determined the current Contract Unit Price to the new, lower List Price.

(xii) For List Price Changes: The percentage change in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(xiii) For FSS Changes: The current FSS Unit Price which is about to expire and the new reduced FSS Unit Price which will replace it and triggered this Contract Unit Price reduction.

(xiv) For List Price Changes: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(2) Reductions in List Price(s). If the offered price decrease is based upon a reduction in the List Price, the appropriate discount or larger discount now offered will be applied to each reduced List Price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the List Price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(3) FSS Price Reductions. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the following benchmark:

The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate List Price benchmarks (for reductions based upon reduced List Prices) or the FSS Price benchmark (for reductions based upon reduced FSS Prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks.

(h) Upward Adjustments.

(1) The contractor is authorized to submit a maximum of two requests for upward adjustment for each Contract Year. Each request for upward price adjustment must be based upon increases in List Prices only. They may be submitted from, for the first contract year, 30 days after award to sixty days prior to the end of that year and, for each subsequent contract year, from 30 days after the anniversary date of the contract award to 60 days prior to the end of each contract year. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (g)(2). The request shall include a copy of the revised Catalog/Price List, the “E-CAT file” and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier(Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial year, the List Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent contract years, the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased List Price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the List Price that determined the award unit price to the new higher List Price. For all subsequent contract years, the percentage change from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher List Price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed Contract Unit Price.

(I) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any List Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items ordered after the increase takes effect in the E-CAT system shall be determined using the increased List Price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the Initial Year of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the award unit price to the new higher List Price. For all subsequent Contract Years, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(iii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial Contract Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system. These updates will take place within 60 days after receipt of the contractor’s request for upward price adjustment (or at the same time the increased List Price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lowest of the three benchmarks above).

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item(s) from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmarks.

(5) Any increased List Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract (i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(6) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (g)(4) and (h)(3)and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established List Price has been discontinued, the basis for the List Price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and revision of the Contract Unit Prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the Contract Unit Prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, which items are items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

If a List Price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased List Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of clause)

52.216-9041 Economic Price Adjustment – Federal Supply Schedule Prices – Open Season E-CAT Solicitation.

As prescribed in 16.203-4(a)(2)(91), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL SUPPLY SCHEDULE PRICES - OPEN SEASON E-CAT SOLICITATION (NOV 2011)

(a) This clause applies to any items under this contract where the offeror has proposed the same (or discounted) prices as their current Federal Supply Schedule (FSS) prices and the Contracting Officer has accepted this pricing methodology. During the life of this contract, the Contracting Officer and the contractor may agree in writing to also apply this clause to any other items that previously were not, but subsequently become, available under both this contract and any concurrent FSS contract(s).

(b) Definitions:

(1) FSS Price(s): “FSS Prices” or “FSS Unit Prices” refer to the unit prices for specific commercial items the contractor and the Department of Veterans Affairs (DVA) have agreed to and are included in one or more current Federal Supply Schedule Contracts. All references to “FSS prices” or “FSS unit prices” shall be the prices appearing on the current Federal Supply Schedule for the same items under this contract.

(2) Discount: The percentage reduction off the FSS Unit Price proposed by the contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. (Contractors may offer larger discounts and/or reduced Contract Unit Prices at any time.)

(3) Contract Unit Price: The price per unit of issue comprised of the FSS Unit Price and the applicable “Discount”. The Contract Unit Price is determined by reducing the FSS Unit Price by the appropriate Discount. Proposed revised prices are loaded by the contractor into an E-CAT file and are forwarded electronically to the Government. The Contactor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (e) and (f) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract Unit Prices, FSS Unit Prices and Discounts under this contract are not visible in the E-CAT System to the contractor or any customer. The prices visible in the E-CAT System to the contractor or any customer are the Delivered Unit Prices, which are the Contract Unit Prices plus the DLA Troop Support Administrative Fee percentage (in effect at that time) charged customers ordering under this contract.)

(4) Voluntary Price Reduction (VPR): See paragraph (k).

(c) The offeror/contractor warrants that (1) the FSS Unit Prices and the subsequent revisions thereto are the FSS Unit Prices in effect at time of award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these FSS Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(d) Prior to award, the contractor must furnish a copy of their current FSS’s, FSS Unit Prices and the FSS contract expiration date for each item. The Contractor shall also furnish its offered Discounts and proposed contract unit prices. at the option of the Contracting Officer, the contractor shall also furnish the documentation set forth in paragraphs (f)(1)(i)(I) and (f)(1)(ii) below. Upon acceptance by the Government, the award unit prices shall be established at the FSS Unit Prices minus the offered Discounts.

(e) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in FSS Unit Prices. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in FSS Unit Price. The contractor shall propose a lower Contract Unit Price taking into consideration the benchmark in paragraph (e)(2) below. The Contractor must furnish a copy of the revised FSS Contract and FSS Unit Prices as soon as they are available. Also, the contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced FSS Unit Price takes effect. Finally, the contractor shall also furnish, within the timeframe above, a separate Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the following information:

(i) The item number; e.g., 0003.

(ii) The Supplier; e.g., ABC Dental, Inc.

(iii) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) The Part Number; e.g., HPH2000.

(v) The applicable contract discount used as a basis for determining the current Contract Unit Price.

(vi) The FSS Unit Price upon which the current Contract Unit Price is based.

(vii) The Contract Unit Price currently in effect.

(viii) The applicable Contract Discount or larger Contract Discount now offered.

(ix) The reduced FSS Unit Price.

(x) The reduced Contract Unit Price now offered.

(xi) The percentage decrease in FSS Unit Price from the FSS Unit Price that determined the Current Contract Unit Price to the new, lower FSS Unit Price.

(xii) The percentage decrease in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(2) Benchmark For FSS Price Reductions. The appropriate Contract Discount or larger Discount now offered will be applied to each reduced FSS Unit Price to determine the adjusted Contract Unit Price provided the adjusted Contract Unit Price does not exceed the following benchmark:

The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the FSS Unit Price that determined the current Contract Unit Price to the new lower FSS Unit Price, i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in the FSS Unit Price.

(3) If the proposed Contract Unit Price exceeds the benchmark above, the Contracting Officer shall determine the proposed price reductions unreasonable. The Contracting Officer and contractor shall negotiate a reduction in the proposed Contract Unit Price to an amount that does not exceed the benchmark above. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the FSS prices and discount(s) which make up these prices.) If an agreement cannot be reached, the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the benchmark above, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT system to include the reduced prices. These reduced Contract Unit Prices shall apply to those items ordered on or after the date when these lower prices appear in the contract electronic catalog residing in the E-CAT system (Revisions will not be added to the electronic catalog prior to date they take effect). If the contractor fails to notify the Contracting Officer of any FSS Unit Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the date the new FSS Unit Price takes effect.

(f) Upward Adjustments.

(1) Upward Adjustments may be requested at any time. The requested upward price adjustments must be based upon increases in the contractor’s FSS Unit Prices. The request shall include a copy of the revised FSS Unit Prices, the “E-CAT file”, and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier; e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HPH2000.

(E) For the initial year, the FSS Unit Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent contract years, the FSS Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased FSS Unit Price, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the FSS Unit Price that determined the award unit price to the new higher FSS Unit Price. For all subsequent contract years, the percentage change from the FSS Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher FSS Unit Price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to the Department of Veterans Affairs and the General Services Administration at other than Federal Supply Schedule (FSS) prices, the non-FSS prices/discounts (if different than the reported FSS Unit Prices/Discounts) offered to those agencies.

(ii) Any other applicable supporting data requested by the Contracting Officer.

(2) Benchmarks For FSS Price Increases: If any FSS Unit Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items shall be determined using the increased FSS Unit Price(s) and either the applicable Discount(s) originally awarded or any larger Discount(s) now offered. These increased Contract Unit Prices shall apply to all orders issued on or after the date these revised unit prices appear in the electronic catalog residing in the E-CAT system. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the Initial Year of the contract, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the FSS Unit Price that determined the award unit price to the new higher FSS Unit Price. For all subsequent Contract Years, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the FSS Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher FSS Unit Price.

(ii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial Contract Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system. These updates will take place within 60 days after receipt of the contractor’s request for upward price adjustment (or at the same time the increased FSS Price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lower of the two benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (f)(2)(ii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmark.

(5) Any increased FSS Unit Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract(i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(g) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (e)(3), (f)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(h) If the Contracting Officer at any time has any reason to believe that the FSS Unit Price has been discontinued, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that the FSS Unit Price has been discontinued, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or some other appropriate EPA clause. The Contract shall be modified to incorporate the substitute and its effective date.

(i) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(j) Pending approval of any proposed price changes and revision of the Contract Unit Prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the Contract Unit Prices in effect at the time of order.

(k) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Prices in effect at that time.

If an FSS Unit Price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased FSS Unit Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause if no VPR had been in effect.

(End of clause)

52.216-9042 Economic Price Adjustment (EPA) – Department of Labor Bureau of Labor Statistics – Consumer Price Index.

As prescribed in 16.203-4(d)(2)(90), insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) - DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS - CONSUMER PRICE INDEX(CPI) (NOV 2011)

(a) The contractor warrants that the contract unit prices do not include allowances for any portion of the contingency covered by this clause.

(b) Consumer Price Indexes (CPIs) are published by the United States (U.S.) Department of Labor, Bureau of Labor Statistics. The CPI for the expenditure category “Prescription Drugs and Medical Supplies” or “Nonprescription Drugs and Medical Supplies” located in Table 3 under “Medical Care Commodities” will be the economic indicator used for calculating the Proposed New Unit Price for any Option Period to be exercised by the Government. The CPI, as used in this clause, means the index, as published monthly, not seasonally adjusted, for all Urban Consumers (CPI-U), U.S. city average. The index for a given month is available approximately two weeks into the following month.

The item(s) offered are: PRESCRIPTION ( ) NONPRESCRIPTION ( ) (Offeror must check appropriate block)

(c) All references to the terms “Federal Supply Schedule (FSS) Unit Price(s)" or “FSS Price(s)” used herein, means the prices appearing in the contractor’s current Federal Supply Schedule for the same items under this contract.

(d) Price adjustments based upon CPI changes.

(1) Price adjustments (increases and decreases) based upon changes in the CPI indexes are authorized once for each Option Period provided the Government elects to exercise that Option. Price increases must be requested by the Contractor. Any request for a price increase must be submitted to the contracting officer at least thirty days prior to the expiration of the current contract period in order for a price increase to take effect at the same time the upcoming Option Period takes effect (all indexes used to calculate the base and adjusting indexes should be available by this time). The request must include the calculations used to compute the Proposed New Unit Price and a comparison of the appropriate benchmarks to the Proposed New Unit Price. Price decreases are mandated by this clause. The Contractor shall notify the Contracting Officer of any price decreases in accordance with the same timeframe and provide the same information as required for increases above.

(2) Price Increases: If a request is not submitted within the required timeframe, increases will not take effect until 30 days after the request is received. If no request is received within 60 days after the New Option Period takes effect, the Contractor waives its right to a price increase for that Option Period. Price Decreases: If the Contractor fails to report any price decrease, the Contracting Officer will unilaterally establish a New Option Period Unit Price based upon the parameters for adjustment under this clause.

(e) Additional Price Adjustment(s). The Contractor is required to notify the Contracting Officer whenever there is a reduction in the Contractor’s FSS Unit Price and/or the Federal Ceiling Price (FCP) at least 30 days prior to its taking effect for the same item(s) as under this contract when that reduction results in an FSS Price and/or FCP that is now lower than the current contract Unit Price. This notification will trigger a price reduction in the current Contract Unit Price to an amount equal to the lower FSS Unit Price and/or FCP. (For covered drugs where both the FSS and FCP have been reduced, the Contract Unit Price shall be reduced to the lower of the two.)

(f) Calculation of the unit price (U/P) for the Option Periods Based Upon Changes In The CPI.

(1) A "Base" and "Adjusting" index shall be established for each Option Period. (see paragraph (g) below).

(2) The Unit Price for the Contract Period about to expire will be increased or decreased based upon the percentage change from the Base Index to the applicable Adjusting Index using the formulas below.

First Option Period:

Proposed New U/P for = Adjusting Index x Current Contract U/P for the

First Option Period Base Index expiring Base Period

Subsequent Option Periods:

Proposed New U/P for = Adjusting Index x Current Contract U/P for the

Upcoming Option Period Base Index expiring Option Period

(3) The Proposed New Unit Price will be used to price the upcoming Option Period provided it does not exceed the lowest of the applicable benchmarks. If it does exceed the lowest of the applicable benchmarks, however, the Contractor shall agree on a price reduction to an amount which is equal to or lower than the lowest of the applicable benchmarks. This reduced Unit Price will then be used to price the Upcoming Option Period.

(g) Determining the "Base" and "Adjusting" Indexes For Price Changes Based Upon the CPI. A Base and Adjusting Index shall be established for each Option Period.

(1) For the first Option Period, the Base Index shall be the arithmetic average of the CPI indexes published for the month before and the actual month the award is made. The Adjusting Index shall be the arithmetic average of the CPI indexes published for the third and fourth month prior to the month the Base Period expires (e.g., if the Base Period expires in June, the Adjusting Index would be the average of the indexes published for February and March of the Base Period.)

(2) For subsequent Option Periods, the Base Index for any Upcoming Option Period shall be the previously established Adjusting Index (e.g., the Base Index for the upcoming second Option Period shall be the Adjusting Index established for the first Option Period.) The Adjusting Index for any Upcoming Option Period shall be the arithmetic average of the CPI Indexes published for the third and fourth months prior to the month the current option period expires (e.g., if the first Option Period expires in June, the Adjusting Index for the upcoming second Option Period would be the average of the indexes published for February and March of the first Option Period).

(h) Benchmarks For Price Changes Based Upon the CPI:

(1) Any Proposed New Unit Price calculated as a result of using the formula in (f) above shall not exceed whichever is the lowest of the following applicable benchmarks:

(i) the maximum ceiling Unit Price calculated by escalating the expiring contract period unit price by 10% (e.g., the ceiling for the first Option Period Unit Price will be based on the Base Period Unit Price escalated by 10%; the ceiling for the third Option Period Unit Price will be based on the second Option Period Unit Price escalated by 10%.) (Applies to price increases only. There is no percentage limit on downward adjustments under this clause.);

(ii) the Contractor’s current Federal Supply Schedule Price for the same item (applies to all adjustments where the Contractor has a concurrent FSS for the same item(s) as under this contract); and

(iii) the current Federal Ceiling Price for the same item (applies to Covered Drugs only).

(i) All price increases or decreases (including any decreases under paragraph (e) above) under this clause shall be effected through the issuance of a modification. The modification shall indicate the New Unit Price and the effective date of that price, which, in most cases, should be on the same date the Option Period takes effect. All delivery orders issued after the effective date shall be priced using the New Unit Price. The modification shall also include the Adjusting Index.

(j) Payment on each delivery order under this contract shall be at the contract unit price in effect at the time the order is issued.

(k) In the event publication of any CPI Index used under this clause is discontinued or its method of calculation is altered substantially in that it fails to reflect market conditions, the Contracting Officer may modify the contract to specify use of an appropriate substitute index or alternate method for adjusting prices. The substitute index or alternate adjustment method will take effect on the date the original index begins to fail to reflect market conditions.

(l) Any pricing actions pursuant to paragraph (c) entitled "Changes" of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provisions of the contract shall be priced as though there were no provisions for economic price adjustment.

(m) Voluntary Price Reductions (VPR):

(1) A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Prices that would be in effect at that time.

(2) If any VPR is in effect when a price decrease is mandated under this clause, the VPR will remain in effect until it expires if it is lower than the price decrease. If the Contractor requests a price increase based upon an increase in the CPI indexes when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of clause)

52.216-9043 Economic Price Adjustment – Federal Supply Schedule Prices.

As prescribed in 16.203-4(a)(2)(92) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL SUPPLY SCHEDULE PRICES (FSS) (NOV 2011)

52.216-9044 Economic Price Adjustment – Established Catalog Price Multiple Adjustments Authorized Per Clause Terms.

As prescribed in 16.203-4(a)(2)(93), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE - MULTIPLE ADJUSTMENTS AUTHORIZED PER CLAUSE TERMS - NON-ECAT (AUG 2009)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s List Prices and certain Federal Supply Schedule (FSS) Unit Prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract Unit Price: The price per unit of issue comprised of the “List Price” and the applicable “Discount”. The Contract Unit Price is determined by reducing the applicable List Price by the appropriate Discount. The list prices and discounts shall be listed in the contract. The resulting net contract unit prices may or may not be listed in the contract at the discretion of the Contracting Officer.

(2) Discount: The percentage reduction off the List Price proposed by the contractor and accepted by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the contractor’s established commercial Catalog/Price List. (Contractors may offer larger discounts and/or reduced List Prices at any time.)

(3) List Price: The established Catalog Unit Prices of the items. In order for a “List Price” to meet the criteria as an established Catalog Price, it must meet the definition in (c)(1) below.

(4) Voluntary Price Reduction (VPR): See paragraph (l) below.

(c)(1) The term "established Catalog Unit Price", as used in this clause, means a Unit Price that (i) is a Catalog Price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the contractor.

(2) Unless otherwise specified, all reference to the terms “FSS Unit Price”(s) or “FSS Price(s)” as used in this clause, shall be the prices appearing in the contractor’s current Federal Supply Schedule for the same items under this contract.

(d) The offeror/contractor warrants that (1) the List Prices and the subsequent revisions thereto are the established Catalog Unit Prices in effect at time of Award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these List Prices do not include allowances for any portion of the contingency covered by this clause. The offeror/contractor also warrants that any Contract Unit Prices determined using FSS Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the contractor must furnish:

(1) their current established Catalog/Price List, offered Discounts, proposed Contract Unit Prices; and

(2) a copy of their current FSS’s, FSS Unit Prices, and the FSS contract expiration dates applicable to any items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the Award Unit Prices will be established at the List Prices minus the offered Discounts provided the resulting Contract Unit Prices do not exceed any current FSS Unit Price for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed FSS Unit Prices.

(g) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in either 1) List Prices or 2) FSS Unit Prices when the reduction results in a revised FSS Price which is now lower than the current Contract Unit Price. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in List Price and any FSS Unit Price reduction which results in an FSS Unit Price which is now lower than the current Contract Unit Price. If the offered price decrease is based upon a reduction in List Price or FSS Price, the Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below. The contractor must furnish a copy of the revised Catalog/Price List or FSS Unit Price as soon as it is available. Also, the contractor must provide an Excel spreadsheet or ACCESS Database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below. For reductions in List Price(s), the Contractor shall submit this information at least 60 days prior to the date when the reduced List Prices take effect. For reductions in FSS Price(s), the Contractor shall provide this information at least 30 days prior to the date the reduced FSS Unit Price(s) takes effect.

(i) For List Price or FSS Changes: The item number; e.g., 0001AA.

(ii) For List Price or FSS Changes: The Supplier (Catalog); e.g., ABC Imaging, Inc.

(iii) For List Price or FSS Changes: The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) For List Price or FSS Changes: Part Number; e.g., HIH 2000

(v) For List Price or FSS Changes: The List Price upon which the current Contract Unit Price is based.

(vi) For List Price or FSS Changes: The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vii) For List Price or FSS Changes: The Contract Unit Price currently in effect.

(viii) For List Price Changes: The reduced List Price.

(ix) For List Price Changes: The applicable Contract Discount or larger Contract Discount now offered.

(x) For List Price or FSS Changes: The reduced Contract Unit Price now offered.

(xi) For List Price Changes: The percentage decrease in List Price from the List Price which determined the current Contract Unit Price to the new, lower List Price.

(xii) For List Price Changes: The percentage change in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(xiii) For FSS Changes: The current FSS Unit Price which is about to expire and the new reduced FSS Unit Price which will replace it and triggered this Contract Unit Price reduction.

(xiv) For List Price Changes: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(2) Reductions in List Price(s). If the offered price decrease is based upon a reduction in the List Price, the appropriate discount or larger discount now offered will be applied to each reduced List Price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the List Price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(3) FSS Price Reductions. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the following benchmark:

The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate List Price benchmarks (for reductions based upon reduced List Prices) or the FSS Price benchmark (for reductions based upon reduced FSS Prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks.

(h) Upward Adjustments.

(1) Upward adjustments may be requested at any time. However, any request for upward price adjustment must be based upon increases in List Prices only. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (g)(2). The request shall include a copy of the revised Catalog/Price List and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier(Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial year, the List Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent contract years, the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased List Price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the List Price that determined the award unit price to the new higher List Price. For all subsequent contract years, the percentage change from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher List Price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed Contract Unit Price.

(I) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any List Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items ordered after the increase takes effect shall be determined using the increased List Price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the Initial Year of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the award unit price to the new higher List Price. For all subsequent Contract Years, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(iii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial Contract Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract to include the increased list prices and discounts. The adjusted Contract Unit Prices may or may not be included in the modification at the discretion of the Contracting Officer. Upward price adjustments shall be effective within 60 days after receipt of the contractor’s request for upward price adjustment (or at the same time the increased List Price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lowest of the three benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to negotiate a price reduction which results in a Contract Unit Price that does not exceed the lowest of the three benchmarks. When discussions have concluded and an agreement which results in fair and reasonable prices is reached, the Contractor shall confirm the agreed-to price(s) in writing (The agreement shall also identify the list price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract to include the increased list prices and discounts. The adjusted Contract Unit Prices may or may not be included in the modification at the discretion of the Contracting Officer (No increases will be effective prior to the date the increased List Price(s) take effect.) If the Contracting Officer and the contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the contract. In addition, the Contracting Officer may also, at any time, remove any item from the contract that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item(s) from the contract. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmarks.

(5) Any increased List Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract.

(6) If the Contracting Officer removes items from the contract for price unreasonableness (see (g)(4) and (h)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established List Price has been discontinued, the basis for the List Price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or another appropriate clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and the subsequent modification of the Contract Unit Prices, payment shall be made at the Contract Unit Prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

If a List Price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased List Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of clause)

52.216-9045 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.

As prescribed in 16.203-4(a)(2)(94), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – OTHER FEDERAL AGENCY CONTRACTS – E-CAT

(NOV 2011)

(a) This clause applies to any items under this contract where the offeror has proposed the same (or discounted) prices as are included in any current contract(s) the contractor may have with Other Federal Agencies (OFA) and the Contracting Officer agrees to use this pricing methodology. During the life of this contract, the Contracting Officer and the contractor may agree in writing to also apply this clause to any other items that previously were not, but subsequently become, available under both this contract and any concurrent OFA contract(s).

(b) Definitions:

(1) Other Federal Agency (OFA) Price: “OFA Prices” or “OFA Unit Prices” refer to the unit prices for specific commercial items the contractor and another Federal Agency have agreed to and are included in one or more current Contracts.

(2) Discount: The percentage reduction off the OFA Unit Price proposed by the contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. (Contractors may offer larger discounts and/or reduced Contract Unit Prices at any time.)

(3) Contract Unit Price: The price per unit of issue comprised of the OFA Unit Price and the applicable “Discount”. The Contract Unit Price is determined by reducing the OFA Unit Price by the appropriate Discount. Contract Unit Prices and any subsequent proposed revisions thereto are loaded by the contractor into an E-CAT file and are forwarded electronically to the Government. For proposed price changes, the Contactor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (e) and (f) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract Unit Prices, OFA Unit Prices and Discounts under this contract are not visible in the E-CAT System to the contractor or any customer. The prices visible in the E-CAT System to the contractor or any customer are the Delivered Unit Prices, which are the Contract Unit Prices plus the DLA Troop Support Administrative Fee percentage (in effect at that time) charged customers ordering under this contract.)

(4) Voluntary Price Reduction (VPR): See paragraph (k).

(c) The offeror/contractor warrants that (1) the OFA Unit Prices and the subsequent revisions thereto are the OFA Unit Prices in effect at time of award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these OFA Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(d) Prior to award, the contractor must furnish a copy of their current OFA Contract, OFA Contract Unit Prices and the OFA contract expiration date for each item. The Contractor shall also furnish its offered Discounts and proposed Contract Unit Prices. At the option of the Contracting Officer, the contractor shall also furnish the documentation set forth in paragraphs (f)(1)(i)(I) and (f)(1)(ii) below. Upon acceptance by the Government, the Award Unit Prices shall be established at the OFA Unit Prices minus the offered Discounts.

(e) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in OFA Unit Prices. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in OFA Unit Price. The contractor shall propose a lower Contract Unit Price taking into consideration the benchmark in paragraph (e)(2) below. The Contractor must furnish a copy of the revised OFA Contract and OFA Unit Prices as soon as they are available. Also, the contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced OFA Unit Price takes effect. Finally, the contractor shall also furnish, within the timeframe above, a separate Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the following information:

(i) The item number; e.g., 0003.

(ii) The Supplier; e.g., ABC Dental, Inc.

(iii) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) The Part Number; e.g., HPH2000.

(v) The applicable contract discount used as a basis for determining the current Contract Unit Price.

(vi) The OFA Unit Price upon which the current Contract Unit Price is based.

(vii) The Contract Unit Price currently in effect.

(viii) The applicable Contract Discount or larger Contract Discount now offered.

(ix) The reduced OFA Unit Price.

(x) The reduced Contract Unit Price now offered.

(xi) The percentage decrease in OFA Unit Price from the OFA Unit Price that determined the Current Contract Unit Price to the new, lower OFA Unit Price.

(xii) The percentage decrease in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(2) Benchmark For OFA Price Reductions. The appropriate Contract Discount or larger Discount now offered will be applied to each reduced OFA Unit Price to determine the adjusted Contract Unit Price provided the adjusted Contract Unit Price does not exceed the following benchmark:

The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the OFA Unit Price that determined the current Contract Unit Price to the new lower OFA Unit Price, i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in the OFA Unit Price.

(3) If the proposed Contract Unit Price exceeds the benchmark above, the Contracting Officer shall determine the proposed price reductions unreasonable. The Contracting Officer and contractor shall negotiate a reduction in the proposed Contract Unit Price to an amount that does not exceed the benchmark above. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the OFA prices and discount(s) which make up these prices.) If an agreement cannot be reached, the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the benchmark above, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT system to include the reduced prices. These reduced Contract Unit Prices shall apply to those items ordered on or after the date when these lower prices appear in the contract electronic catalog residing in the E-CAT system (Revisions will not be added to the electronic catalog prior to date they take effect). If the contractor fails to notify the Contracting Officer of any OFA Unit Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the date the new OFA Unit Price takes effect.

(f) Upward Adjustments.

(1) The Base Year Contract Unit Prices are not subject to any upward adjustment. The Contractor is authorized to submit one request for any upward adjustments to Contract Unit Prices for each Option Year. This request shall be submitted no later than 30 days prior to the effective date of the upcoming Option Year (if exercised). The requested upward price adjustments must be based upon increases in the contractor’s OFA Unit Prices. The request shall include a copy of the revised OFA Unit Prices, the “E-CAT file”, and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier; e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HPH2000.

(E) For the initial Option year, the OFA Unit Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent Option years, the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased OFA Unit Price, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial Option year, the percentage change from the OFA Unit Price that determined the award unit price to the new higher OFA Unit Price. For all subsequent Option years, the percentage change from the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher OFA Unit Price.

(H) For the initial Option year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to Federal Agencies at other than OFA Contract Prices, the non-OFA prices/discounts (if different than the reported OFA Unit Prices/Discounts) offered to those agencies.

(ii) Any other applicable supporting data requested by the Contracting Officer.

(2) Benchmarks For OFA Price Increases: If any OFA Unit Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items shall be determined using the increased OFA Unit Price(s) and either the applicable Discount(s) originally awarded or any larger Discount(s) now offered. These increased Contract Unit Prices shall apply to all orders issued on or after the effective date of the increase. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the Initial Option Year of the contract, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the OFA Unit Price that determined the award unit price to the new higher OFA Unit Price. For all subsequent Option Years, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher OFA Unit Price.

(ii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial Option Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Option Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. Upward price adjustments shall be effective on the same day that the Option Year takes effect unless either of the following occurs:

(i) If the Contractor's request for price adjustment is not received a minimum of 30 days prior to the effective date of the upcoming Option Year (if exercised), any approved upward price adjustment shall not be effective until 30 days after receipt of the request.

(ii) If, during the 30-day period the Government has to evaluate prices and update the E-CAT system, the Contracting Officer is unable to determine that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lower of the two benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to reduce the proposed Contract Unit Price to an amount which does not exceed the lower of the two benchmarks and reach an agreement on fair and reasonable prices. When discussions have concluded, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the OFA price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. If the Contracting Officer and the contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System. (This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 30-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (f)(2)(ii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmark.

(5) Any increased OFA Unit Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract.

(g) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (e)(3), (f)(3)(ii) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(h) If the Contracting Officer at any time has any reason to believe that the OFA Unit Price has been discontinued (e.g., the current OFA contract expires and the contractor does not receive a subsequent contract), the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that the OFA Unit Price has been discontinued, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or some other appropriate EPA clause. The Contract shall be modified to incorporate the substitute and its effective date.

(i) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(j) Pending approval of any proposed price changes and revision of the Contract Unit Prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the Contract Unit Prices in effect at the time of order.

(k) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Prices in effect at that time.

If an OFA Unit Price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased OFA Unit Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause if no VPR had been in effect.

(End of clause)

52.216-9046 Economic Price Adjustment – Other Federal Agency Contracts – E-CAT.

As prescribed in 16.203-4(a)(2)(95) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – OTHER FEDERAL AGENCY CONTRACTS - E-CAT

(NOV 2011)

(a) This clause applies to any items under this contract where the offeror has proposed the same (or discounted) prices as are included in any current contract(s) the contractor may have with Other Federal Agencies (OFA) and the Contracting Officer agrees to use this pricing methodology. OFA Contracts include GSA Schedule, Federal Supply Schedule, and Department of Veterans Affairs (DVA) National Acquisition Contracts. During the life of this contract, the Contracting Officer and the contractor may agree in writing to also apply this clause to any other items that previously were not, but subsequently become, available under both this contract and any concurrent OFA contract(s).

(b) Definitions:

(1) Other Federal Agency (OFA) Price: “OFA Prices” or “OFA Unit Prices” refer to the unit prices for specific commercial items the contractor and another Federal Agency have agreed to and are included in one or more current Contracts.

(2) Discount: The percentage reduction off the OFA Unit Price proposed by the contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. (Contractors may offer larger discounts and/or reduced Contract Unit Prices at any time.)

(3) Contract Unit Price: The price per unit of issue comprised of the OFA Unit Price and the applicable “Discount”. The Contract Unit Price is determined by reducing the OFA Unit Price by the appropriate Discount. Proposed revised prices are loaded by the contractor into an E-CAT file and are forwarded electronically to the Government. The Contactor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (e) and (f) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract Unit Prices, OFA Unit Prices and Discounts under this contract are not visible in the E-CAT System to the contractor or any customer. The prices visible in the E-CAT System to the contractor or any customer are the Delivered Unit Prices, which are the Contract Unit Prices plus the DLA Troop Support Administrative Fee percentage (in effect at that time) charged customers ordering under this contract.)

(4) Voluntary Price Reduction (VPR): See paragraph (k).

(c) The offeror/contractor warrants that (1) the OFA Unit Prices and the subsequent revisions thereto are the OFA Unit Prices in effect at time of award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these OFA Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(d) Prior to award, the contractor must furnish a copy of their current OFA Contract, OFA Contract Unit Prices and the OFA contract expiration date for each item. The Contractor shall also furnish its offered Discounts and proposed Contract Unit Prices. At the option of the Contracting Officer, the contractor shall also furnish the documentation set forth in paragraphs (f)(1)(i)(I) and (f)(1)(ii) below. Upon acceptance by the Government, the Award Unit Prices shall be established at the OFA Unit Prices minus the offered Discounts.

(e) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in OFA Unit Prices. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in OFA Unit Price. The contractor shall propose a lower Contract Unit Price taking into consideration the benchmark in paragraph (e)(2) below. The Contractor must furnish a copy of the revised OFA Contract and OFA Unit Prices as soon as they are available. Also, the contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced OFA Unit Price takes effect. Finally, the contractor shall also furnish, within the timeframe above, a separate Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the following information:

(i) The item number; e.g., 0003.

(ii) The Supplier; e.g., ABC Dental, Inc.

(iii) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) The Part Number; e.g., HPH2000.

(v) The applicable contract discount used as a basis for determining the current Contract Unit Price.

(vi) The OFA Unit Price upon which the current Contract Unit Price is based.

(vii) The Contract Unit Price currently in effect.

(viii) The applicable Contract Discount or larger Contract Discount now offered.

(ix) The reduced OFA Unit Price.

(x) The reduced Contract Unit Price now offered.

(xi) The percentage decrease in OFA Unit Price from the OFA Unit Price that determined the Current Contract Unit Price to the new, lower OFA Unit Price.

(xii) The percentage decrease in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(2) Benchmark For OFA Price Reductions. The appropriate Contract Discount or larger Discount now offered will be applied to each reduced OFA Unit Price to determine the adjusted Contract Unit Price provided the adjusted Contract Unit Price does not exceed the following benchmark:

The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the OFA Unit Price that determined the current Contract Unit Price to the new lower OFA Unit Price, i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in the OFA Unit Price.

(3) If the proposed Contract Unit Price exceeds the benchmark above, the Contracting Officer shall determine the proposed price reductions unreasonable. The Contracting Officer and contractor shall negotiate a reduction in the proposed Contract Unit Price to an amount that does not exceed the benchmark above. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the OFA prices and discount(s) which make up these prices.) If an agreement cannot be reached, the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the benchmark above, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT system to include the reduced prices. These reduced Contract Unit Prices shall apply to those items ordered on or after the date when these lower prices appear in the contract electronic catalog residing in the E-CAT system (Revisions will not be added to the electronic catalog prior to date they take effect). If the contractor fails to notify the Contracting Officer of any OFA Unit Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the date the new OFA Unit Price takes effect.

(f) Upward Adjustments.

(1) Upward Adjustments may be requested at any time. The requested upward price adjustments must be based upon increases in the contractor’s OFA Unit Prices. The request shall include a copy of the revised OFA Unit Prices, the “E-CAT file”, and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier; e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HPH2000.

(E) For the initial year, the OFA Unit Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent contract years, the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased OFA Unit Price, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the OFA Unit Price that determined the award unit price to the new higher OFA Unit Price. For all subsequent contract years, the percentage change from the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher OFA Unit Price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed contract unit price.

(I) For any items offered to the Department of Veterans Affairs and the General Services Administration at other than OFA Contract Prices, the non-OFA prices/discounts (if different than the reported OFA Unit Prices/Discounts) offered to those agencies.

(ii) Any other applicable supporting data requested by the Contracting Officer.

(2) Benchmarks For OFA Price Increases: If any OFA Unit Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items shall be determined using the increased OFA Unit Price(s) and either the applicable Discount(s) originally awarded or any larger Discount(s) now offered. These increased Contract Unit Prices shall apply to all orders issued on or after the date these revised unit prices appear in the electronic catalog residing in the E-CAT system. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lower of the following two benchmarks:

(i) For the Initial Year of the contract, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the OFA Unit Price that determined the award unit price to the new higher OFA Unit Price. For all subsequent Contract Years, any proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the OFA Unit Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher OFA Unit Price.

(ii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial Contract Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system. These updates will take place within 60 days after receipt of the contractor’s request for upward price adjustment (or at the same time the increased OFA Price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lower of the two benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to reduce the proposed Contract Unit Price to an amount which does not exceed the lower of the two benchmarks and reach an agreement on fair and reasonable prices. When discussions have concluded, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the OFA price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. If the Contracting Officer and the contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System. (This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 60-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (f)(2)(ii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmark.

(5) Any increased OFA Unit Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract(i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(g) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (e)(3), (f)(3) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(h) If the Contracting Officer at any time has any reason to believe that the OFA Unit Price has been discontinued (e.g., the current OFA contract expires and the contractor does not receive a subsequent contract), the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that the OFA Unit Price has been discontinued, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or some other appropriate EPA clause. The Contract shall be modified to incorporate the substitute and its effective date.

(i) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(j) Pending approval of any proposed price changes and revision of the Contract Unit Prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the Contract Unit Prices in effect at the time of order.

(k) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, the applicable items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Prices in effect at that time.

If an OFA Unit Price decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased OFA Unit Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause if no VPR had been in effect.

(End of clause)

52.216-9047 Economic Price Adjustment – Established Catalog Price – One Upward Adjustment Per Option Year E-CAT Solicitation.

As prescribed in 16.203-4(a)(2)(96), insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE ONE UPWARD ADJUSTMENT PER OPTION YEAR E-CAT SOLICITATION (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s List Prices and certain Other Federal Agency (OFA) Contract Unit Prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract Unit Price: The price per unit of issue comprised of the “List Price” and the applicable “Discount”. The Contract Unit Price is determined by reducing the applicable List Price by the appropriate Discount. Contract Unit Prices and any revisions thereto are loaded by the contractor into an E-CAT File and are forwarded electronically to the Government. For proposed price changes, the Contractor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (g) and (h) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered unit prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract Unit Prices, List Prices, and Discounts under this contract are not visible in the E-CAT System to the contractor or any customer. The prices visible in the E-CAT System to the contractor or any customer are the Delivered Unit Prices which are the Contract Unit Prices plus the DLA Troop Support Administrative Fee percentage (in effect at that time) charged customers ordering under this contract.)

(2) Discount: The percentage reduction off the List Price proposed by the contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the contractor’s established commercial Catalog/Price List. (Contractors may offer larger discounts and/or reduced List Prices at any time.)

(3) List Price: The established Catalog Unit Prices of the items. In order for a “List Price” to meet the criteria as an established Catalog Price, it must meet the definition in (c)(1) below.

(4) Voluntary Price Reduction (VPR): See paragraph (l).

(c)(1) The term "established Catalog Unit Price", as used in this clause, means a Unit Price that (i) is a Catalog Price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the contractor.

(2) Unless otherwise specified, all reference to the terms “OFA Unit Price”(s) or “ OFA Price(s)” as used in this clause, shall be the prices appearing in the contractor’s current contract it may have with another Federal Agency for the same items under this contract.

(d) The offeror/contractor warrants that (1) the List Prices and the subsequent revisions thereto are the established Catalog Unit Prices in effect at time of Award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these List Prices do not include allowances for any portion of the contingency covered by this clause. The offeror/contractor also warrants that any Contract Unit Prices determined using OFA Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the contractor must furnish:

(1) their current established Catalog/Price List, offered Discounts, proposed Contract Unit Prices; and

(2) if applicable, a copy of their current OFA Contract(s), OFA Unit Prices, and the OFA contract expiration dates applicable to items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the Award Unit Prices will be established at the List Prices minus the offered Discounts provided the resulting Contract Unit Prices do not exceed the current OFA Unit Price (if applicable) for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed OFA Unit Prices (if applicable).

(g) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in either 1) List Prices or 2) OFA Unit Prices when the reduction results in a revised OFA Price which is now lower than the current Contract Unit Price. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in List Price and any OFA Unit Price reduction which results in an OFA Unit Price which is now lower than the current Contract Unit Price. If the offered price decrease is based upon a reduction in List Price or OFA Price, the Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below. The contractor must furnish a copy of the revised Catalog/Price List or OFA Unit Price as soon as it is available. Also, the contractor must provide a copy of the “E-CAT file” at least 30 days prior to the date when the reduced List Price(s) or OFA Price(s) take effect. In addition to the “E-CAT file” and any other information required by the Contracting Officer, the contractor shall also separately furnish, within the timeframe above, an Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below:

(i) For List or OFA Price Changes: The item number; e.g., 0001AA.

(ii) For List or OFA Price Changes: The Supplier (Catalog); e.g., ABC Imaging, Inc.

(iii) For List or OFA Price Changes: The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) For List or OFA Price Changes: Part Number; HIH 2000

(v) For List or OFA Price Changes: The List Price upon which the current Contract Unit Price is based.

(vi) For List or OFA Price Changes: The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vii) For List or OFA Price Changes: The Contract Unit Price currently in effect.

(viii) For List Price Changes: The reduced List Price.

(ix) For List or OFA Price Changes: The applicable Contract Discount or larger Contract Discount now offered.

(x) For List or OFA Price Changes: The reduced Contract Unit Price now offered.

(xi) For List Price Changes: The percentage decrease in List Price from the List Price which determined the current Contract Unit Price to the new, lower List Price.

(xii) For List Price Changes: The percentage change in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(xiii) For OFA Price Changes: The current OFA Unit Price which is about to expire and the new reduced OFA Unit Price which will replace it and triggered this Contract Unit Price reduction.

(xiv) For List Price Changes: For any items offered to Federal Agencies under an OFA Contract, the current OFA Unit Price(s) for the same item.

(2) Reductions in List Price(s). If the offered price decrease is based upon a reduction in the List Price, the appropriate discount or larger discount now offered will be applied to each reduced List Price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the List Price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current OFA Unit Price for the same item.

(3) OFA Price Reductions. If the offered price decrease is based upon a reduction in the OFA Price, the proposed lower Contract Unit Price shall not exceed the following benchmark:

The new proposed lower Contract Unit Price shall not exceed the revised lower OFA Price for the same item.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate List Price benchmarks (for reductions based upon reduced List Prices) or the OFA Price benchmark (for reductions based upon reduced OFA Prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the list price(s) and discount(s) which make up these prices. Changes based upon OFA Price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower OFA Price.) If an agreement cannot be reached the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the lowest of the appropriate List Price or OFA Price benchmarks, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the reduced Contract Unit Prices. (Changes based upon OFA Price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower OFA Price). These reduced Contract Unit Prices shall apply to those items ordered on or after the date the reduced list or OFA prices take effect (Revisions will not be added to the electronic catalog prior to date they take effect). If the contractor fails to notify the Contracting Officer of any List Price or OFA Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Contractor’s established List or OFA Prices.

(h) Upward Adjustments.

(1) The Base Year Contract Unit Prices are not subject to any upward adjustment. The Contractor is authorized to submit one request for any upward adjustments to Contract Unit Prices for each Option Year. This request shall be submitted no later than 30 days prior to the effective date of the upcoming Option Year (if exercised). Each request for upward price adjustment must be based upon increases in List Prices only. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (h)(2). The request shall include a copy of the revised Catalog/Price List, the “E-CAT file” and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier(Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial Option year, the List Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent Option years, the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased List Price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial Option year, the percentage change from the List Price that determined the award unit price to the new higher List Price. For all subsequent Option years, the percentage change from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher List Price.

(H) For the initial Option year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent Option years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed Contract Unit Price.

(I) For any items offered to another Federal Agency under an OFA Contract, the current OFA Unit Price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any List Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items ordered after the increase takes effect shall be determined using the increased List Price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the Initial Option Year of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the award unit price to the new higher List Price. For all subsequent Option Years, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Price shall not exceed the current OFA Unit Price for the same item.

(iii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial Option Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Option Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. Upward price adjustments shall be effective on the same day that the Option Year takes effect unless either of the following occurs:

(i) If the Contractor's request for price adjustment is not received a minimum of 30 days prior to the effective date of the upcoming Option Year (if exercised), any approved upward price adjustment shall not be effective until 30 days after receipt of the request.

(ii) If, during the 30-day period the Government has to evaluate prices and update the E-CAT system, the Contracting Officer is unable to determine that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lowest of the three benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable. If necessary, the Contracting Officer shall conduct discussions with the Contractor to negotiate a price reduction which results in a Contract Unit Price that does not exceed the lowest of the three benchmarks. When discussions have concluded and an agreement which results in fair and reasonable prices is reached, the Contractor shall confirm the agreed-to price(s) in writing and forward an E-CAT file which includes the agreed-to price(s). (The agreement shall also identify the list price and discount which makes up each agreed-to price.) Once the written agreement is received, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. If the Contracting Officer and the contractor are unable to agree upon the price for any items, the Contracting Officer will delete these items from the catalog in the E-CAT System. (This procedure applies to only those items whose prices the Contracting Officer is unable to determine fair and reasonable within the 30-day period the Government has to evaluate prices and update the E-CAT System. The remainder of the items whose price increases are determined fair and reasonable, shall be entered into the E-CAT system within the prescribed period.) In addition, the Contracting Officer may also, at any time, remove any item from the catalog in the E-CAT System that the Contracting Officer believes is no longer reasonably priced (if the Contracting Officer and the contractor are unable to agree upon a reduced price) and notify customers accordingly.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item(s) from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmarks.

(5) Any increased List Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract.

(6) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (g)(4) and (h)(3)(ii) and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established List Price has been discontinued, the basis for the List Price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and revision of the Contract Unit Prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the Contract Unit Prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, which items are items included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

If a List Price (or OFA Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased List Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of clause)

52.216-9048 Economic Price Adjustment – Established Catalog Price – Multiple Adjustments Authorized Per Clause Terms – E-CAT Solicitation.

As prescribed in 16.203-4(a)(2)(97) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE - MULTIPLE ADJUSTMENTS AUTHORIZED PER CLAUSE TERMS - E-CAT SOLICITATION (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Contractor’s List Prices and certain Federal Supply Schedule (FSS) Unit Prices. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”.

(b) Definitions:

(1) Contract Unit Price: The price per unit of issue comprised of the “List Price” and the applicable “Discount”. The Contract Unit Price is determined by reducing the applicable List Price by the appropriate Discount. Proposed revised prices are loaded by the contractor into an E-CAT File and are forwarded electronically to the Government. The Contractor shall also separately submit (in Excel Spreadsheet or ACCESS Database format) the additional information as required in paragraphs (g) and (h) below in order for the Government to review and evaluate these proposed price changes. Upon the Government’s determination that the offered unit prices are acceptable/fair and reasonable, the Government shall release them into the contract electronic catalog residing in the E-CAT System. (Contract Unit Prices, List Prices, and Discounts under this contract are not visible in the E-CAT System to the contractor or any customer. The prices visible in the E-CAT System to the contractor or any customer are the Delivered Unit Prices which are the Contract Unit Prices plus the DLA Troop Support Administrative Fee percentage (in effect at that time) charged customers ordering under this contract.)

(2) Discount: The percentage reduction off the List Price proposed by the contractor, accepted by the Government, and maintained in the contract file (not the E-CAT System) by the Government. These percentages may vary per item and quantity ordered. They shall be agreed to at time of award and may not be reduced for the life of the contract. These discounts are in addition to any standard trade discounts in the contractor’s established commercial Catalog/Price List. (Contractors may offer larger discounts and/or reduced List Prices at any time.)

(3) List Price: The established Catalog Unit Prices of the items. In order for a “List Price” to meet the criteria as an established Catalog Price, it must meet the definition in (c)(1) below.

(4) Voluntary Price Reduction (VPR): See paragraph (l).

(c)(1) The term "established Catalog Unit Price", as used in this clause, means a Unit Price that (i) is a Catalog Price for a commercial item sold in substantial quantities to the general public and (ii) is the net price after applying any standard trade discounts offered by the contractor.

(2) Unless otherwise specified, all reference to the terms “FSS Unit Price”(s) or “FSS Price(s)” as used in this clause, shall be the prices appearing in the contractor’s current Federal Supply Schedule for the same items under this contract.

(d) The offeror/contractor warrants that (1) the List Prices and the subsequent revisions thereto are the established Catalog Unit Prices in effect at time of Award or adjustment for like quantities of the same items and (2) any Contract Unit Prices determined using these List Prices do not include allowances for any portion of the contingency covered by this clause. The offeror/contractor also warrants that any Contract Unit Prices determined using FSS Unit Prices do not include allowances for any portion of the contingency covered by this clause.

(e) Prior to award the contractor must furnish:

(1) their current established Catalog/Price List, offered Discounts, proposed Contract Unit Prices; and

(2) a copy of their current FSS’s, FSS Unit Prices, and the FSS contract expiration dates applicable to items offered as well as any other information required by the Contracting Officer.

(f) Upon acceptance by the Government, the Award Unit Prices will be established at the List Prices minus the offered Discounts provided the resulting Contract Unit Prices do not exceed the current FSS Unit Price for the same item. Accordingly, offers are cautioned to propose discounts which, when applied to the list prices, will not exceed FSS Unit Prices.

(g) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in either 1) List Prices or 2) FSS Unit Prices when the reduction results in a revised FSS Price which is now lower than the current Contract Unit Price. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in List Price and any FSS Unit Price reduction which results in an FSS Unit Price which is now lower than the current Contract Unit Price. If the offered price decrease is based upon a reduction in List Price or FSS Price, the Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (g)(2) and (3) below. The contractor must furnish a copy of the revised Catalog/Price List or FSS Unit Price as soon as it is available. Also, for reductions in List Prices, the contractor must provide a copy of the “E-CAT file” at least 60 days prior to the date when the reduced List Prices take effect. For reductions in FSS, the Contractor shall provide a copy of the E-CAT file at least 30 days prior to the date the reduced FSS Unit Price takes effect. In addition to the “E-CAT file” and any other information required by the Contracting Officer, the contractor shall also separately furnish, within the appropriate timeframe above (i.e., at least 60 days for a reduction in List Price; at least 30 days for a reduction in FSS), an Excel spreadsheet or ACCESS database (in both hard copy and disc) that displays for each item with an offered decrease in Contract Unit Price the appropriate information below:

(i) For List Price or FSS Changes: The item number; e.g., 0001AA.

(ii) For List Price or FSS Changes: The Supplier (Catalog); e.g., ABC Imaging, Inc.

(iii) For List Price or FSS Changes: The Product Name/Nomenclature; e.g., High Speed Handpiece.

(iv) For List Price or FSS Changes: Part Number; HIH 2000

(v) For List Price or FSS Changes: The List Price upon which the current Contract Unit Price is based.

(vi) For List Price or FSS Changes: The applicable Contract Discount used as a basis for determining the current Contract Unit Price.

(vii) For List Price or FSS Changes: The Contract Unit Price currently in effect.

(viii) For List Price Changes: The reduced List Price.

(ix) For List Price or FSS Changes: The applicable Contract Discount or larger Contract Discount now offered.

(x) For List Price or FSS Changes: The reduced Contract Unit Price now offered.

(xi) For List Price Changes: The percentage decrease in List Price from the List Price which determined the current Contract Unit Price to the new, lower List Price.

(xii) For List Price Changes: The percentage change in Contract Unit Price from the current Contract Unit Price to the new lower Contract Unit Price now offered.

(xiii) For FSS Changes: The current FSS Unit Price which is about to expire and the new reduced FSS Unit Price which will replace it and triggered this Contract Unit Price reduction.

(xiv) For List Price Changes: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(2) Reductions in List Price(s). If the offered price decrease is based upon a reduction in the List Price, the appropriate discount or larger discount now offered will be applied to each reduced List Price to determine the adjusted Contract Unit Price provided the proposed lower Contract Unit Price does not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the List Price currently in effect under the contract to the new lower List Price; i.e., the current Contract Unit Price must, as a minimum, be reduced by the percentage decrease in List Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(3) FSS Price Reductions. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the following benchmark:

The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate List Price benchmarks (for reductions based upon reduced List Prices) or the FSS Price benchmark (for reductions based upon reduced FSS Prices), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s) and the list price(s) and discount(s) which make up these prices. Changes based upon FSS price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower FSS Price.) If an agreement cannot be reached the Contracting Officer has the option of removing these items from the E-CAT system or taking the action in the last sentence below. If the proposed Contract Unit Price does not exceed the lowest of the appropriate List Price or FSS Price benchmarks, it will be determined fair and reasonable. Upon acceptance of any proposed price decreases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the reduced Contract Unit Prices. (Changes based upon FSS price reductions will be expressed in terms of the current list price and an appropriate discount which results in an adjusted Contract Unit Price which does not exceed the revised lower FSS Price.) These reduced Contract Unit Prices shall apply to those items ordered on or after the date when these prices appear in the contract electronic catalog residing in the E-CAT system (Revisions will not be added to the electronic catalog prior to date they take effect). If the contractor fails to notify the Contracting Officer of any List Price or FSS Price decreases within the timeframe and in the manner stated above or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Contractor’s established List or FSS Prices.

(h) Upward Adjustments.

(1) Upward adjustments may be requested at any time. However, any request for upward price adjustment must be based upon increases in List Prices only. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (g)(2). The request shall include a copy of the revised Catalog/Price List, the “E-CAT file” and the following for each item with a proposed increase in Contract Unit Price:

(i) A separate Excel spreadsheet or ACCESS database, in both hard copy and disc, that displays for each item with a proposed price increase the following information:

(A) The item number; e.g., 0003.

(B) The Supplier(Catalog); e.g., ABC Dental, Inc.

(C) The Product Name/Nomenclature; e.g., High Speed Handpiece.

(D) The Part Number; e.g., HIH2000.

(E) For the initial year, the List Price that determined the Award Unit Price, the applicable Contract Discount, and the Award Unit Price. For all subsequent contract years, the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year, the applicable discount, and the highest Contract Unit Price that was in effect during the preceding Contract Year.

(F) The increased List Price and its effective date, the applicable Contract Discount or larger Contract Discount now offered, and the proposed higher Contract Unit Price.

(G) For the initial year, the percentage change from the List Price that determined the award unit price to the new higher List Price. For all subsequent contract years, the percentage change from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding Contract Year to the new higher List Price.

(H) For the initial year, the percentage change from the award unit price to the new higher proposed Contract Unit Price. For all subsequent contract years, the percentage change from the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher proposed Contract Unit Price.

(I) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS Unit Price(s) for the same item.

(J) Any other information required by the Contracting Officer.

(2) Benchmarks. If any List Price increases, and the increase is authorized under this clause, the Contract Unit Prices for any corresponding items ordered after the increase takes effect in the E-CAT system shall be determined using the increased List Price and either the applicable Discount originally awarded or any larger Discount now offered that applies to the affected item. Proposed increases will be considered fair and reasonable if they do not exceed whichever is the lowest of the following three benchmarks:

(i) For the Initial Year of the contract, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the award unit price to the new higher List Price. For all subsequent Contract Years, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the List Price that determined the highest Contract Unit Price that was in effect at any time during the preceding contract year to the new higher List Price.

(ii) Any proposed higher Contract Unit Price shall not exceed the current FSS Unit Price for the same item.

(iii) Any proposed higher Contract Unit Prices are subject to the following limitations:

(A) For the initial Contract Year, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the award unit price for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the award unit price plus the annual ceiling).

(B) For all subsequent Contract Years, Contract Unit Price increases shall be limited to the following annual ceiling(s) applied to the highest Contract Unit Price in effect during the preceding Contract Year for the same item (i.e., any proposed higher Contract Unit Price cannot exceed the highest Contract Unit Price in effect during the preceding Contract Year plus the annual ceiling.)

ANNUAL CEILING, ALL ITEMS: 10%

There is no percentage limit on downward adjustments under this clause.

(3) Upon approval of the proposed price increases, the Government shall modify the contract electronic catalog residing in the E-CAT System to include the increased Contract Unit Prices. Upward price adjustments shall be effective once they appear in the contract electronic catalog residing in the E-CAT system. These updates will take place within 60 days after receipt of the contractor’s request for upward price adjustment (or at the same time the increased List Price takes effect, whichever is later) unless the Contracting Officer is unable to determine during that period that a price increase on any item or items is fair and reasonable (i.e., the proposed Contract Unit Price exceeds the lowest of the three benchmarks above). In this case, no price increases will be authorized for those items until the Contracting Officer is able to determine the price increases for those items to be fair and reasonable.

(4) Isolated incidents may occur for an item or group of items when proposed increases could exceed the annual ceiling benchmark in paragraph (h)(2)(iii). In such cases the Contractor can submit an adequately justified written request for Contracting Officer approval of an increase in Contract Unit Price that exceeds the ceiling. The Contracting Officer may approve the request on a one-time basis, increase the ceiling for the item or group of items if appropriate, negotiate a lower Contract Unit Price, or delete the item(s) from the contract electronic catalog residing in the E-CAT system. In no case may the increase in Contract Unit Price exceed the ceiling without written authorization from the Contracting Officer. Also, no increase will be authorized that results in a Contract Unit Price that exceeds the other benchmarks.

(5) Any increased List Prices shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the adjusted Contract Unit Prices take effect under the Contract (i.e., the date they appear in the contract electronic catalog residing in the E-CAT system).

(6) If the Contracting Officer removes items from the E-CAT system for price unreasonableness (see (g)(4) and (h)(3)and (4) above), all outstanding orders issued prior to the date the items are removed shall be delivered in accordance with the contract delivery schedule and the Government shall pay for such items at the Contract Unit Price in effect at the time of the order.

(i) If the Contracting Officer at any time has any reason to believe that the established List Price has been discontinued, the basis for the List Price has been substantially altered, or that the item no longer meets the criteria to qualify as an established Catalog Priced item, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that any of the preceding conditions are present and a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute for determining adjustments pursuant to this or another appropriate clause. The Contract shall be modified to incorporate the substitute and its effective date.

(j) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(k) Pending approval of any proposed price changes and revision of the Contract Unit Prices in the contract electronic catalog residing in the E-CAT System, payment shall be made at the Contract Unit Prices in effect at the time of order.

(l) Voluntary Price Reductions (VPR): A “special or discount” offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the “special or discount” period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

If a List Price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased List Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of clause)

52.216-9049 Economic Price Adjustment (EPA) of the Annual Management Fee(s) and Annual Management Cost(s) for the Option Years.

As prescribed in 16.203-4(d)(2)(91), insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) OF THE ANNUAL MANAGEMENT FEE(S) AND ANNUAL MANAGEMENT COST(S) FOR THE OPTION YEARS (NOV 2011)

(a)(1) The contractor warrants that the prices/costs and fees included in the Solicitation/Contract do not include allowances for any portion of the contingency covered by this clause. Any Management Fees and related Management Costs applicable to this contract (e.g., Inventory and/or Program) shall be calculated in accordance with this clause. The type(s) of Management Fee(s) and related Management Cost(s) that apply are specified elsewhere in this contract.

(2) Adjustments under this clause are predicated upon the Government exercising one or more Option Year extensions. The Government, at its discretion may choose to exercise or not exercise an Option to extend the Contract.

(b) The economic indicator for the purpose of calculating the Management Fee(s) (expressed as a percentage) and Management Cost(s) for each Option Year except the initial Option Year* under this clause shall be the initial publication of the preliminary Producer Price Index for code number 4931104931101 entitled GENERAL WAREHOUSING AND STORAGE. This information is contained in the publication entitled "Producer Price Indexes", as published by the United States (U.S.) Department of Labor, Bureau of Labor Statistics. The preliminary index for a given month is available approximately two weeks into the following month. The index is also available through the Bureau of Labor Statistics web site at www.bls.gov. Click on “Get Detailed Statistics” and select “Series Report”. Enter Series ID pcu4931104931101, select number of years and format for output, and then select “Retrieve Data” at the bottom of the page. (*NOTE: The Base Index for the First Option Year will use the revised PPI).

(c) This clause authorizes only one calculation annually (see paragraph (d)) to determine the Management Fee(s) and Management Cost(s) applicable to the upcoming Option Year. (The Management Fee(s) and Management Cost(s) for the Base Contract Period are not subject to adjustment under this clause.) This calculation is as follows:

(1) A "Base" and "Adjusting" index shall be established for each Option Year (see paragraph (e) below).

(2) The percentage change (upward or downward) between the applicable "Base" Index and "Adjusting" Index shall be calculated.

(3) The Management Fee(s) for the contract year about to expire shall be increased or decreased based upon the percentage change in the indexes (see paragraph (h) for upward adjustments) in order to determine the Management Fee(s) for the upcoming Option Year. (However, for increases or decreases, Contractors may offer lower Management Fee(s) than those calculated IAW this formula).

(4) (A) The New Management Fee(s) for the upcoming Option Year shall be applied to one or more categories of Guaranteed Coverage (e.g., Contractor Inventory Material (CIM), Contractor Furnished Material (CFM), and Government Purchased Material (GPM)) as spelled out elsewhere in this contact.) The resultant subtotals represent the Management Cost(s) for each applicable category of Guaranteed coverage and are added together to get the total Management Cost(s) for the upcoming Option Year. For payment purposes, the total Management Cost(s) for the upcoming Option Year may be paid on a monthly, quarterly, or some other basis at the discretion of the Contracting Officer.

(B) Prior to applying the New or current Management Fee(s) to the Guaranteed Coverage, the value of each category of Guaranteed Coverage is updated yearly by the Contracting Officer. This is accomplished by applying the DAPA, FSS, ECAT, or Department of Defense (DoD) National Contract Price(s) (whichever is lower) in effect 60 days prior to the date the Option takes effect to the quantities in each category of Guaranteed Coverage for the upcoming Option Year. The resultant subtotals represent the new value for each applicable category of Guaranteed Coverage and added together, represents the Total Inventory Value for the upcoming Option Year.

(d)(1) Adjustment Requests and Notifications

(i) If the “Adjusting” index is higher than the “Base” index, the Contractor may request an increase IAW the terms of this clause in the Management Fee(s) applicable to the upcoming Option Year. This written request must be received by the Contracting officer within 30 days after the indexes used to calculate the Adjusting Index are available. The request may be generic or may include the specific calculations required by this clause to determine the revised Management Fee(s). When making the calculations, the 10% ceiling (paragraph (h) below) shall be taken into consideration. The contractor has the option of proposing a Management Fee based upon these calculations or a lower Management Fee(s).

(ii) If the “Adjusting” index is lower than the “Base” index, a decrease in the Management Fee(s) is mandated by this clause. As above, the Contractor shall notify the Contracting Officer in writing of this decrease. This notification must be received by the Contracting Officer within 30 days after the indexes used to calculate the Adjusting Index are available. The notification may be generic or may include the specific calculations required by this clause to determine the revised Management Fee(s). The Contractor has the option of proposing the Inventory Management Fee(s) based upon these calculations or a lower Management Fee(s).

(2) Upon receipt of a request for an upward adjustment or notification of a downward adjustment by the Contractor, the Contracting Officer shall review and validate the contractor’s submittal. If acceptable, the Contracting Officer will calculate the Management Fees, if necessary, and the Management Cost(s) for the upcoming Option Year in accordance with paragraph (c) (4) above. If no increase is requested and a mandated decrease is not warranted, the Contracting Officer shall use the current Management Fee(s) to calculate the Management Cost(s) applicable to the upcoming Option Year. In either case, the Management Fee(s), Management Cost(s), and the Total Inventory Value reserved for this contract for the upcoming Option Year shall be included in a contract modification.

If a request for an upward adjustment is received after the required 30-day timeframe, the Contracting Officer reserves the right to reject the request, as money may not available to fund the increase. If funds are available, the Contracting Officer shall have 30 days from the date the Contractor’s request is received to review the request, make the required calculations and issue an adjustment modification. The upward adjustment shall take effect on the same day the modification takes effect. If a notification of a downward adjustment is not submitted until after the required 30-day timeframe or the Contractor fails to notify the Contracting Officer of a decrease, the Contracting Officer shall unilaterally make the required adjustments IAW this clause. The effective date of the downward adjustment shall be retroactive to the date the new Option Year takes effect.

(e) Determining the "Base" and "Adjusting" Indexes.

(1) First Option Year:

(i) The Base Index shall be the arithmetic average of the revised indexes published for the month before and the month of the closing of the Final Proposal Revisions.

(ii) The Adjusting Index shall be the arithmetic average of the preliminary indexes published for the third and fourth month prior to the month the Base Period expires (e.g., if the Base Period expires in June, the Adjusting Index would be the average of the indexes published for February and March of the Base Period.)

(2) Subsequent Option Years:

(i) The Base Index for any upcoming Option Year shall be the previously established Adjusting Index (e.g., the Base Index for the upcoming 2nd Option Year shall be the Adjusting Index established for the first Option Year. NOTE: If no adjustment was made for Option Year 1, determine the Adjusting Index for that year anyway in order to establish the Base Index for upcoming 2nd Option Year. This applies to any time an adjustment is not made for a given year.)

(ii) The Adjusting Index for any upcoming Option Year shall be the arithmetic average of the preliminary indexes published for the third and fourth months prior to the month the current Option Year expires (e.g., if the first Option Year expires in June, the Adjusting Index for the upcoming second Option Year would be the average of the indexes published for February and March of the first Option Year.)

(f) Following is a hypothetical example of adjustment calculations to determine the Inventory Management Fee for Option Year III, and the associated Inventory Management Costs (The Base and Adjusting Indexes, the Inventory Management Fee for Option Year II, and the CIM and CFM Inventory Values for Option Year III are hypothetical and are used only to illustrate how the Inventory Management Fee and Inventory Management Costs are calculated. Any Management Fee(s) and Management Cost(s) that may apply would be calculated in the same manner.):

(1) Base Index: 102.05 Adjusting Index: 103.75

(2) Inventory Management Fee for Option Year II: 1.50%

(3) Inventory Value for Guaranteed Coverage (CIM & CFM) for Option Year III (There are only 2 categories of Guaranteed Coverage for this hypothetical example.):

CIM: $405,000 CFM: $300,000

(4) Calculate the Inventory Management Fee:

(i) Establish Base Index (use previously established Adjusting Index for the Option Year II which is the average of the preliminary indexes published for 3rd and 4th month prior to the month Option Year I expires. For example, if Option Year I expires in June, the Base index for Option Year III would be the average of the preliminary indexes for February and March of Option Year I.)

Feb Index: 101.10 Mar Index: 103.00 Base Index (Avg of Feb & Mar): 102.05

(ii) Establish Adjusting Index (average of preliminary indexes published for February and March of 2nd Option Year.)

Feb Index: 102.30 Mar Index: 105.20 Adjusting Index (Avg of Feb & Mar): 103.75

Adjusting Index: 103.75

Less Base Index: -102.05

---------

Increase to Index 1.70

Divide Increase to Index 1.70/102.05 = 0.016659 = Adjustment Factor (1.6659 %)

by Base Index

Inv. Man. Fee for Yr II x Adjustment Factor plus 1 = Inv. Man. Fee for Option

Option Year III 1.50% x 1.016659 = 1.52%

Ceiling Provision:

Max Fee for Option Year III cannot exceed 10% increase of Op Yr II fee Max Fee = 1.10 (ceiling) x .0150 (Inv Man Fee for Op Yr II expressed as a decimal ) = .0165 (1.65%) (Maximum allowable fee 1.65%) 1.52% adjusted fee is less than 1.65% maximum fee, therefore 1.52% is new fee

(5) Contracting Officer to calculate the following:

CIM Inventory Value for OP YR III: $405,000.00

Multiplied by 1.52% (converted to a decimal value) x .0152

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CIM Inventory Management Cost for OP YR III $6,156.00

CFM Inventory Value for OP YR III: $300,000.00

Multiplied by 1.52% (converted to a decimal value) x .0152

---------------

CFM Inventory Management Cost for OP YR III $4,560.00

CIM Inventory Management Cost for OP YR III: $6,156.00

CFM Inventory Management Cost for OP YR III + $4,560.00

--------------

Inventory Management Cost for OP YR III $10,716.00

(Total Inventory Value is $705,000, i.e., CIM Inventory Value plus CFM Inventory Value)

NOTE: Round all computations involving the PPIs to two decimal places.

Round adjustment factor to six decimal places.

Round Inventory Management Fees to two decimal places when expressed as a percentage and

four decimal places when expressed as a decimal.

Round all dollar figures to nearest cent.

(g) The adjusting contract modification will show all the calculations used to establish the Management Fee(s), Management Cost(s) and Total Inventory Value covering the new option year.

(h) Any request to increase the Management Fee(s) IAW the requirements of this clause for any upcoming Option Year shall be limited to 10% of the same Management Fee(s) for the previous contract year. If the Management Fee(s) increase exceeds 10% of the Management Fee(s) for the previous contract year, and the Contractor has requested an increase of 10% or more, the Contractor shall be limited to the 10% increase. There is no percentage limit on any decreases in the Management Fee(s) under this clause. Contractors can also propose lower Management Fee(s) than those calculated IAW the requirements of this clause.

(i) The Contractor shall include a statement on the final invoice for each Contract Year/Period that amounts invoiced under this contract reflect all decreases required by this clause.

(j) Payment on this contract shall be at the current Management Fee(s) and Management Cost(s) pending the issuance of the modification establishing the Management Fee(s), Management Cost(s), and Total Inventory Value for the applicable option year. The Management Fee(s) and Management Cost(s) will, if necessary, be retroactively adjusted if the applicable Price Adjustment is delayed by the Government. In this case, any retroactive adjustment shall cover performance only from when the adjustment should have taken effect but for the delay caused by the Government through the day that the EPA modification takes effect.

(k) In the event that the publication of the economic indicator is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the Index consistently and substantially fails to reflect market conditions, the parties shall mutually agree upon an appropriate substitute method or adjustment mechanism to determine the Management Fee(s) and/or Management Cost(s). The contract shall be modified to specify the use of an appropriate substitute, which will be effective on the date the Index is no longer published, the derivation of the Index is substantially altered, or the Index begins to consistently and substantially fail to reflect marked conditions.

(l) Any pricing actions pursuant to Federal Acquisition Regulation (FAR) clause 52.212-4, paragraph (c) entitled "Changes" (including any revisions by addendum thereto) or other provisions of the Contract shall be priced as though there were no provisions for Economic Price Adjustment.

(m) No adjustment shall be made under this EPA clause unless the total change in contract amount exceeds $500.00.

(End of clause)

52.216-9050 Economic Price Adjustment (EPA) of the Annual Inventory Holding Fee and annual Inventory Holding cost for the Option Years.

As prescribed in 16.203-4(d)(2)(92) insert the following clause:

ECONOMIC PRICE ADJUSTMENT (EPA) OF THE ANNUAL INVENTORY HOLDING FEE AND ANNUAL INVENTORY HOLDING COST FOR THE OPTION YEARS (NOV 2011)

(a) The Contractor warrants that the prices/costs and fees included in the Solicitation/Contract do not include allowances for any portion of the contingency covered by this clause. Adjustments under this clause are predicated upon the Government exercising one or more Option Year extensions. The Government, at its discretion may choose to exercise or not exercise an Option to extend the Contract.

(b) The economic indicator, for the purpose of calculating the Inventory Holding Fee (expressed as a percentage) and Inventory Holding Cost for each Option Year under this clause, shall be the Prime Rate, as published Monday through Friday in the Wall Street Journal.

(c) This clause authorizes only one calculation annually (see paragraph d) to determine the Inventory Holding Fee and Inventory Holding Cost applicable to the upcoming Option Year. (The Inventory Holding Fee and Inventory Holding Cost for the Base Contract Period are not subject to adjustment under this clause.) This calculation is as follows:

(1) A "Base" and "Adjusting" Prime Rate shall be established for each Option Year (see paragraph (e) below).

(2) Determine the change in points (upward or downward) between the Base Prime Rate and Adjusting Prime Rate for the twelve-month period* which ends 60 days prior to the upcoming Option Year for which the new Inventory Holding Fee and Inventory Holding Cost will be calculated. (*NOTE: The period for the adjustment for Option Year I may be longer or shorter than twelve months.)

(3)(i) Increases. The actual change in points up to the maximum allowed in accordance with paragraph (h) shall be added to the Inventory Holding Fee for the contract year/period about to expire to determine the Inventory Holding Fee for the upcoming Option Year. Upward adjustments shall not exceed 1.50 points.

(ii) Decreases. The actual change in points shall be subtracted from the Inventory Holding Fee for the contract year/period about to expire to determine the Inventory Holding fee for the upcoming Option Year.

(iii) For increases or decreases, Contractors may offer lower Inventory Holding Fees than those calculated IAW the above.

(4) To determine the Inventory Holding Cost for the upcoming Option Year, the Contracting Officer will apply the new Inventory Holding Fee to the value of Contractor Furnished Material inventory reserved for this contract (hereafter referred to as the CFM inventory) for the upcoming Option Year (i.e., the Value of the CFM Inventory for the upcoming Option Year x New Inventory Holding Fee expressed as a decimal to four decimal places = new Inventory Holding Cost for the upcoming Option Year). The Contracting Officer will update the value of the CFM Inventory for each contract year by applying the current DAPA, FSS, ECAT, or DoD National Contract prices (whichever is lower) to the CFM Inventory Coverage for the upcoming contract year. For payment purposes, the Inventory Holding Cost for the upcoming Option Year may be paid on a monthly, quarterly, or some other basis at the discretion of the Contracting Officer.

(d)(1) Adjustment Requests and Notifications:

(i) If the Adjusting Prime Rate is higher than the Base Prime Rate, the Contractor may request an increase in accordance with the terms of this clause in the Inventory Holding Fee applicable to the upcoming Option Year. This written request must be received by the Contracting Officer within 30 days after the Adjusting Prime Rate is published and may be generic or may include the specific calculations required by this clause to determine the revised Inventory Holding Fee. The ceiling provision (paragraph (h) below) must also be considered when making the calculations. The Contractor has the option of proposing an Inventory Holding Fee based upon these calculations or a lower Inventory Holding fee.

(ii) If the Adjusting Prime Rate is lower than the Base Prime Rate, a decrease in the Inventory Holding Fee is mandated by this clause. Accordingly, the Contractor shall notify the Contracting Officer in writing of this decrease. This notification must be received by the Contracting Officer within 30 days after the Adjusting Prime Rate is published and may be generic or may include the specific calculations required by this clause to determine the revised Inventory Holding Fee. The Contractor has the option of proposing the Inventory Holding Fee based upon these calculations or a lower Inventory Holding Fee.

(2) Upon receipt of a request for an upward adjustment or notification of a downward adjustment by the Contractor, the Contracting Officer shall review and validate the contractor's submittal. If acceptable, the Contracting Officer will calculate the Inventory Holding Fee, if necessary, and the Inventory Holding Cost for the upcoming Option Year in accordance with paragraph (c)(4) above. If no increase is requested and a mandated decrease is not warranted, the Contracting Officer shall use the current Inventory Holding Fee to calculate the Inventory Holding Cost for the upcoming Option Year. In either case, the Inventory Holding Fee, Inventory Holding Cost, and the value of the CFM Inventory for the upcoming Option Year shall be included in a contract modification.

(3) If a request for an upward adjustment is received after the required 30-day timeframe, the Contracting Officer reserves the right to reject the request, as money may not available to fund the increase. If funds are available, the Contracting Officer shall have 30 days from the date the Contractor's request is received to review and validate the request, make the required calculations and issue an adjustment modification. The upward adjustment shall take effect on the same day the modification takes effect. If a notification of a downward adjustment is not submitted until after the required 30-day timeframe or the Contractor fails to notify the Contracting Officer of a decrease, the Contracting Officer shall unilaterally make the required adjustments in accordance with this clause. The effective date of the downward adjustment shall be retroactive to the date the new Option Year takes effect.

(e) Determining the "Base" and "Adjusting" Indexes.

(1) The Base Prime Rate used to calculate the Inventory Holding Fee and Inventory Holding Cost covering Option Year I under this clause shall be the Prime Rate, as published on the date of closing of the Final Proposal Revision. The Base Prime Rate used to calculate the Inventory Holding Fee and Inventory Holding Cost for each subsequent Option Year shall be the Prime Rate, as published 60 days prior to the effective date of each previous Option Year (e.g., the Base Prime Rate for Option Year III will be the Prime Rate published 60 days prior to the effective date of Option Year II.)

(2) The Adjusting Prime Rate used to calculate the Inventory Holding Fee and Inventory Holding Cost for each Option Year shall be the Prime Rate, as published 60 days prior to the effective date of each Option Year (e.g., the Adjusting Prime Rate for Option Year III will be the Prime Rate published 60 days prior to the effective date of Option Year III).

(f) Following is a hypothetical example of adjustment calculations to determine the Inventory Holding Fee for Option Year III and the associated Inventory Holding Cost. (The base and adjusting prime rates, the Inventory Holding Fee for Option Year II and the Value of the CFM Inventory for Option Year III are hypothetical and are used only to illustrate how the Inventory Holding Fee and Inventory Holding Cost are calculated):

(1) Base Prime Rate (in effect 60 days prior to effective date of Option Year II): 4.00

(2) Adjusting Prime Rate (in effect 60 days prior to effective date of Option Year III): 5.75

(3) Current Contract Inventory Holding Fee for Option Year II: 3.75

(4) Calculate the Inventory Holding Fee:

Adjusting Prime Rate: 5.75

Base Prime Rate: -4.00

------

Change in (Prime Rate) Points: (-Increase-) 1.75

Maximum Increase Allowed is 1.50 points: Clause ceiling of 1.50 is less than 1.75 calculated; therefore the allowable increase is 1.50 points.

Inventory Holding Fee for Option Year II: 3.75

Maximum Increase in Prime Rate Allowed: + 1.50

-----

Inventory Holding Fee for Option Year III: 5.25

(5) Contracting Officer to calculate the Inventory Holding Cost:

Value of CFM Inventory as adjusted for Option Year III: $20,000,000.00

$20,000,000.00 x .0525 = $1,050,000 (Annual Inventory Holding Cost for Option Year III)

(g) The Adjusting Contract Modification will show all the calculations used to establish the Inventory Holding Fee, Inventory Holding Cost, and the value of the CFM Inventory covering the new Option Year.

(h) Any request to increase the Inventory Holding Fee IAW the requirements of this clause for any upcoming Option Year shall be limited to the point increase (in increments of 0.25) in the Prime Rate, up to, but not exceeding 1.50 points. This will be determined when calculating the change in points in the Prime Rate using the Base and Adjusting Prime Rates described in paragraph (c)(2) and (c)(3)(i) and illustrated in paragraph (f). If the Prime Rate increase exceeds 1.50 points and the contractor has requested an increase of 1.50 points or more, the contractor shall be given the 1.50 point increase. There are no limitations on downward adjustments under this clause. Contractors can also propose lower Inventory Holding Fees than those calculated IAW with the requirements of this clause.

(i) The Contractor shall include a statement on the final invoice for each Contract Year/Period that amounts invoiced under this contract reflect all decreases required by this clause.

(j) Payment on this Contract shall be at the current Inventory Holding Fee and Inventory Holding Cost pending the issuance of the Modification establishing the new Inventory Holding Fee, Inventory Holding Cost, and value of the CFM Inventory for the applicable Option Year. The Inventory Holding Fee and Inventory Holding Cost will, if necessary, be retroactively adjusted if the applicable Price Adjustment is delayed by the Government. In this case, any retroactive adjustment shall cover performance only from when the adjustment should have taken effect but for the delay caused by the Government through the day that the EPA modification takes effect.

(k) In the event that the Prime Rate is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the Prime Rate consistently and substantially fails to reflect market conditions, the parties shall mutually agree upon an appropriate substitute method or adjustment mechanism to determine the annual Inventory Holding Fee and/or Inventory Holding Cost. The Contract shall be modified to specify the use of an appropriate substitute, which will be effective on the date the Prime Rate is no longer published, the derivation of the Prime Rate is substantially altered, or the Prime Rate begins to consistently and substantially fail to reflect market conditions. If the base or adjusting prime rates established in paragraph (e) above fall on a day the Prime Rate is not published, use the next day the prime rate is published.

(l) Any pricing actions pursuant to Federal Acquisition Regulation (FAR) clause 52.212-4, paragraph (c) entitled "Changes" (including any revisions by addendum thereto) or other provisions of the Contract shall be priced as though there were no provisions for Economic Price Adjustment.

(m) No adjustment shall be made under this EPA clause unless the total change in contract amount exceeds $500.00.

(End of clause)

52.216-9051 Economic Price Adjustment – Federal Ceiling Prices – One Adjustment Per Year.

As prescribed in 16.203-4(d)(2)(93) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL CEILING PRICES – ONE ADJUSTMENT PER YEAR (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Federal Ceiling Price or Federal Supply Schedule (FSS) Price for each item. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”. The Government reserves the right not to exercise an Option.

(b) The offeror/contractor warrants that any Contract Unit Prices determined using the Federal Ceiling Price or FSS Price do not include allowances for any portion of the contingency covered by this clause.

(c) Prior to award, the contractor must furnish a copy of the current Federal Ceiling Price, FSS Price, the Veteran Administration (VA) approval of those prices, and any other information required by the Contracting Officer. During the life of the contract, any changes to the Federal Ceiling Price and the FSS Price, as well as the VA’s approval of those price changes and any other information required by the Contracting Officer, must be furnished in writing not later than 15 workdays after the effective dates of those price changes.

(d) Award Unit Prices shall not exceed the current Federal Ceiling Price as well as any current FSS price in effect for the same item.

(e) Downward Adjustments.

(1) During the Base year of the contract, downward adjustments to Contract Unit Prices are mandated whenever there are decreases in the Federal Ceiling Price and/or whenever a reduction to the FSS Price results in a revised FSS Price which is now lower than the current Contract Unit Price. During the Option years of the contract, downward adjustments to Contract Unit Prices are mandated whenever reductions to the Federal Ceiling Price and/or the FSS price results in a revised Federal Ceiling Price and/or FSS price that is lower than the current Contract Unit Price.

(i) FCP/FSS: The item number; e.g., 0002.

(ii) FCP: The previous Federal Ceiling Price.

(iii) FCP/FSS: The Federal Ceiling Price now in effect.

(iv) FCP: The percentage change in Federal Ceiling Price from the previous Federal Ceiling Price to the new, lower Federal Ceiling Price.

(v) FCP/FSS: The current Contract Unit Price.

(vi) FCP/FSS: The reduced Contract Unit Price now offered.

(vii) FCP: The percentage decrease from the current Contract Unit Price to the new lower Contract Unit Price.

(viii) FCP/FSS: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) FSS: For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(2) Federal Ceiling Price Reduction. If the offered price decrease is based upon a reduction in the Federal Ceiling Price, the proposed lower Contract Unit Price shall not exceed the lower of the following two benchmarks:

(i) For the Base Contract Year adjustment, the offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the previous Federal Ceiling Price under the contract to the new lower Federal Ceiling Price; i.e., the current Contract Unit Price, must, as a minimum, be reduced by the percentage decrease in Federal Ceiling Price. For each Option Year adjustment, the new proposed lower Contract Unit Price shall not exceed the new Federal Ceiling Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Price for the same item.

(3) FSS Price Reduction. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the lower of the following two benchmarks:

(i) The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(ii) The new proposed lower Contract Unit Price shall not exceed the current Federal Ceiling Price.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate Federal Ceiling Price benchmarks (for reductions based upon a reduced Federal Ceiling Price) or FSS Price benchmarks (for reductions based upon a reduced FSS Price), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s).) If the proposed Contract Unit Price does not exceed the lower of the appropriate Federal Ceiling Price or FSS Price benchmarks, it will be determined fair and reasonable. Upon approval of the proposed price decrease, the Government shall modify the contract to include the reduced Contract Unit Price which, will take effect on the same day that the reduced Federal Ceiling Price or FSS Price takes effect, as appropriate. The modification will also show the current Federal Ceiling Price and FSS Price. The adjusted Contract Unit Price shall apply to those items ordered on or after the new Federal Ceiling Price or FSS Price takes effect, as appropriate. Any delivery orders issued after the reduced Federal Ceiling Price or FSS Price takes effect but before the Contracting Officer modifies the contract to incorporate the reduced Contract Unit Price, will be retroactively reduced to the new lower Contract Unit Price (see paragraph (i)). If the contractor fails to notify the Contracting Officer of any Federal Ceiling Price or FSS Price decreases within the timeframe and in the manner stated above, or agreement on any reduction cannot be reached, the Contracting Officer may determine the applicable adjustment and authorize a unilateral price adjustment retroactively applied to all items ordered on or after the effective date of the decrease in the Federal Ceiling Price or FSS Price, as appropriate.

(f) Upward Adjustments.

(1) The contractor is authorized to submit one request for upward adjustment to the Contract Unit Price each Contract Year (i.e. one adjustment during the Base Year and one adjustment during each Option Year, if the option is exercised by the Government). The request for upward price adjustment must be based upon increases in the Federal Ceiling Price and shall be submitted no later than 15 workdays after the effective date of the new Federal Ceiling Price. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (f)(2). The request shall be in writing and include the following:

(i) The item number; e.g., 0002.

(ii) The previous Federal Ceiling Price.

(iii) The increased Federal Ceiling Price now in effect.

(iv) The percentage change from the previous Federal Ceiling Price to the new, higher Federal Ceiling Price.

(v) The current Contract Unit Price in effect.

(vi) The increased Contract Unit Price now proposed.

(vii) The percentage change from the current Contract Unit Price in effect to the new proposed higher Contract Unit Price.

(viii) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(x) Any other information required by the Contracting Officer.

(2) Upon receipt of the request for a Contract Unit Price increase based upon an increase in the Federal Ceiling Price, the Contracting Officer shall review the information the Contractor is required to submit and verify that the proposed increase is fair and reasonable. The proposed increase will be considered fair and reasonable if it does not exceed whichever is the lower of the following two benchmarks:

(i) For the Base Contract Year adjustment, the proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the previous Federal Ceiling Price to the new higher Federal Ceiling Price; i.e., the proposed Contract Unit Price cannot exceed the current Contract Unit Price plus the percentage increase in the Federal Ceiling Price. For each Option Year adjustment, the new proposed higher Contract Unit Price shall not exceed the new Federal Ceiling Price.

(ii) The proposed higher Contract Unit Price shall not exceed the current FSS Price for the same item.

(3) If the proposed higher Contract Unit Price exceeds the lower of the two benchmarks, the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the lower of the two benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s)).

(g) If the Contracting Officer at any time has any reason to believe that the Federal Ceiling Price or FSS price has been discontinued, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute method for determining adjustments. The Contract shall be modified to incorporate the substitute and its effective date.

(h) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(i) Pending the issuance of an adjusting modification revising the Contract Unit Price, payment shall be made at the Contract Unit Prices in effect at the time of order.

(j) Any increased Federal Ceiling Price shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the increased Federal Ceiling Price takes effect.

(k)(1) Voluntary Price Reductions (VPR): A "special or discount" offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the "special or discount" period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

(2) If the Ceiling Price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased Federal Ceiling Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of clause)

52.216-9052 Economic Price Adjustment – Federal Ceiling Prices – One Adjustment Per Year.

As prescribed in 16.203-4(d)(2)(94) insert the following clause:

ECONOMIC PRICE ADJUSTMENT – FEDERAL CEILING PRICES – ONE ADJUSTMENT PER YEAR (NOV 2011)

(a) All price adjustments authorized or mandated by this clause are based upon changes in the Federal Ceiling Price or Federal Supply Schedule (FSS) Price for each item. The clause also provides for voluntary price reductions (VPR) in the form of “specials” or “discounts”. The Government reserves the right not to exercise an Option.

(b) The offeror/contractor warrants that any Contract Unit Prices determined using the Federal Ceiling Price or FSS Price do not include allowances for any portion of the contingency covered by this clause.

(c) Prior to award, the contractor must furnish a copy of the current Federal Ceiling Price, FSS Price, the Veteran Administration (VA) approval of those prices, and any other information required by the Contracting Officer. During the life of the contract, any changes to the Federal Ceiling Price and the FSS Price, as well as the VA’s approval of those price changes and any other information required by the Contracting Officer, must be furnished in writing not later than 15 workdays after the effective dates of those price changes.

(d) Award Unit Prices shall not exceed the current Federal Ceiling Price as well as any current FSS price in effect for the same item.

(e) Downward Adjustments.

(1) Downward adjustments to Contract Unit Prices are mandated whenever there are decreases in the Federal Ceiling Price and/or whenever a reduction to the FSS Price results in a revised FSS Price which is now lower than the current Contract Unit Price. The contractor shall promptly notify the Contracting Officer in writing of the amount and effective date of each decrease in the Federal Ceiling Price and/or FSS Price. The Contractor shall propose a lower Contract Unit Price taking into consideration the benchmarks in paragraphs (e)(2) and (3) below. The contractor must furnish a copy of the revised Federal Ceiling Price and/or FSS Price within 15 workdays after it takes effect. If the decrease is based upon a lower Federal Ceiling Price (FCP), the Contractor shall furnish the information in (i)-(viii) below. If the decrease is based upon a lower FSS Price, the Contractor shall furnish the information in (i), (iii), (v), (vi), (viii), and (ix) below.

(i) FCP/FSS: The item number; e.g., 0002.

(ii) FCP: The previous Federal Ceiling Price.

(iii) FCP/FSS: The Federal Ceiling Price now in effect.

(iv) FCP: The percentage change in Federal Ceiling Price from the previous Federal Ceiling Price to the new, lower Federal Ceiling Price.

(v) FCP/FSS: The current Contract Unit Price.

(vi) FCP/FSS: The reduced Contract Unit Price now offered.

(vii) FCP: The percentage decrease from the current Contract Unit Price to the new lower Contract Unit Price.

(viii) FCP/FSS: For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) FSS: For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(2) Federal Ceiling Price Reduction. If the offered price decrease is based upon a reduction in the Federal Ceiling Price, the proposed lower Contract Unit Price shall not exceed the lower of the following two benchmarks:

(i) The offered reduction in Contract Unit Price on a percentage basis must be at least equal to the percentage reduction from the previous Federal Ceiling Price under the contract to the new lower Federal Ceiling Price; i.e., the current Contract Unit Price, must, as a minimum, be reduced by the percentage decrease in Federal Ceiling Price.

(ii) The new proposed lower Contract Unit Price shall not exceed the current FSS Price for the same item.

(3) FSS Price Reduction. If the offered price decrease is based upon a reduction in the FSS Price, the proposed lower Contract Unit Price shall not exceed the lower of the following two benchmarks:

(i) The new proposed lower Contract Unit Price shall not exceed the revised lower FSS Price for the same item.

(ii) The new proposed lower Contract Unit Price shall not exceed the current Federal Ceiling Price.

(4) If the proposed Contract Unit Price exceeds the lower of the appropriate Federal Ceiling Price benchmarks (for reductions based upon a reduced Federal Ceiling Price)or FSS Price benchmarks (for reductions based upon a reduced FSS Price), the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the appropriate benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s).) If the proposed Contract Unit Price does not exceed the lower of the appropriate Federal Ceiling Price or FSS Price benchmarks, it will be determined fair and reasonable.

(f) Upward Adjustments.

(1) The contractor is authorized to submit one request for upward adjustment to the Contract Unit Price each Contract Year (i.e. one adjustment during the Base Year and one adjustment during each Option Year, if the option is exercised by the Government). The request for upward price adjustment must be based upon increases in the Federal Ceiling Price and shall be submitted no later than 15 workdays after the effective date of the new Federal Ceiling Price. The Contractor shall propose a Contract Unit Price taking into consideration the benchmarks in paragraph (f)(2). The request shall be in writing and include the following:

(i) The item number; e.g., 0002.

(ii) The previous Federal Ceiling Price.

(iii) The increased Federal Ceiling Price now in effect.

(iv) The percentage changed from the previous Federal Ceiling Price to the new, higher, Federal Ceiling Price.

(v) The current Contract Unit Price in effect.

(vi) The increased Contract Unit Price now proposed.

(vii) The percentage change from the current Contract Unit Price in effect to the new, proposed, higher Contract Unit Price.

(viii) For any items offered to the Department of Veterans Affairs (DVA) under the FSS, the current FSS price(s) for the same item.

(ix) For any items offered to the DVA under the FSS, the previous FSS price(s) for the same item.

(x) Any other information required by the Contracting Officer.

(2) Upon receipt of the request for a Contract Unit Price increase based upon an increase in the Federal Ceiling Price, the Contracting Officer shall review the information the Contractor is required to submit and verify that the proposed increase is fair and reasonable. The proposed increase will be considered fair and reasonable if it does not exceed whichever is the lower of the following two benchmarks:

(i) The proposed increase in Contract Unit Price on a percentage basis cannot exceed the percentage increase from the previous Federal Ceiling Price to the new, higher, Federal Ceiling Price, i.e., the proposed Contract Unit Price cannot exceed the current Contract Unit Price plus the percentage increase in the Federal Ceiling Price.

(ii) The proposed higher Contract Unit Price shall not exceed the current FSS Price for the same item.

(3) If the proposed higher Contract Unit Price exceeds the lower of the two benchmarks, the Contracting Officer shall determine the proposed price reductions unreasonable and negotiate a price reduction which results in a Contract Unit Price that does not exceed the lower of the two benchmarks. (All negotiated price reductions shall be confirmed in writing and will include the agreed-to price(s)). If the proposed increased Contract Unit Price does not exceed the lower of the two benchmarks, it will be determined fair and reasonable.

(g) If the Contracting Officer at any time has any reason to believe that the Federal Ceiling Price or FSS price has been discontinued, the Contractor shall furnish relevant information as required by the Contracting Officer. If the Contracting Officer determines that a substitute for determining price adjustments is needed, the parties shall promptly agree upon an appropriate substitute method for determining adjustments. The Contract shall be modified to incorporate the substitute and its effective date.

(h) Pricing actions pursuant to paragraph (c) entitled “Changes” of Federal Acquisition Regulation (FAR) clause 52.212-4 (including any revisions by addendum thereto) or any other provision of this Contract will be priced as though there were no provisions for Economic Price Adjustment.

(i) Pending the issuance of an adjusting modification revising the Contract Unit Price, payment shall be made at the Contract Unit Prices in effect at the time of order.

(j) Any increased Federal Ceiling Price shall not be used to compute Contract Unit Prices for Delivery Orders issued before the date the increased Federal Ceiling Price takes effect.

(k)(1) Voluntary Price Reductions (VPR): A "special or discount" offered by the Contractor which results in a voluntary price reduction for an item or group of items for a given period of time. The Contractor may offer a VPR at any time. The price reductions resulting from these VPRs will be in addition to any price reductions mandated by this EPA clause. The Contractor shall notify the Contracting Officer when the VPR takes effect, which items are included, and the length of time the VPR will remain in effect. Once the "special or discount" period expires, prices will revert to the Contract Unit Price(s) in effect at that time.

(2) If the Ceiling Price (or FSS Unit Price) decreases when a VPR is in effect, the VPR will remain in effect until it expires if it is lower than the proposed unit price decrease. If the Contractor requests a Contract Unit Price increase based upon an increased Federal Ceiling Price when a VPR is in effect, the VPR shall remain in effect until it expires. Upon expiration of the VPR, prices will revert to the adjusted Contract Unit Prices, as calculated in accordance with this clause as if no VPR had been in effect.

(End of clause)

52.216-9053 Economic Price Adjustment (EPA) - Established Market Price – Dehydrated Orange Juice.

Pursuant to FAR 16.203-1(a)(1), Defense Logistics Acquisition Directive (DLAD) 16.203-1(a)(90) and 16.203-4(90) insert the following:

ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE – DEHYDRATED ORANGE JUICE (NOV 2011)