As prescribed in 5643.205-72, insert the following clause, Editable
(a) After contract award, the Government may solicit, or independently the Contractor may propose, technology improvements to the equipment, software specifications, or other requirements of the contract. For purposes of this contract, these improvements will be considered Engineering Change Proposals (ECP)/Engineering Change Orders (ECO). These improvements may be proposed to save money, save energy, improve performance or for any other purpose which presents a technological advantage to the Government. As part of the proposed changes, the Contractor shall submit a price proposal to the Contracting Officer for evaluation. Those proposed technology improvements that are acceptable to the Government will be processed as modifications to the contract.
(b) As a minimum, the following information shall be submitted by the Contractor with each proposal:
(1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each;
(2) Itemized requirements of the contract which must be changed if the proposal is adopted, and the proposed revision to the contract for each such change;
(3) An estimate of the changes in performance and cost, if any, that will result from adoption of the proposal;
(4) An evaluation of the effects the proposed changes would have on collateral costs to the Government, such as Government-furnished property costs, costs of related items, and costs of maintenance, operation and conversion (including Government application software); and
(5) A statement of the time by which the contract modification adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract including supporting rationale; and
(6) Any effect on the contract completion time or delivery schedule shall be identified.
(a) The Government reserves the right to require a rerun of selected portions of the live test demonstration to verify the proposed improvement, at no additional charge to the Government.
(b) The Government will not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant herein. The Contractor has the right to withdraw, in whole or in part, any proposal not accepted by the Government within the period specified in the proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract is final and not subject to the “Disputes” clause of this contract.
(c) The Contracting Officer may accept any proposal submitted pursuant to this clause by giving the Contractor written notice thereof. This written notice will be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate a proposal under this contract, the Contractor shall remain obligated to perform in accordance with the requirements, terms and conditions of the existing contract.
(d) If a proposal submitted pursuant to this clause is accepted and applied to this contract, the equitable adjustment increasing or decreasing the contract price shall be in accordance with the procedures of the “Changes” clause. The resulting contract modification will state that it is made pursuant to this clause.
