As prescribed in 5343.205(91), insert the following clause, substantially as written, in Section I:
CHANGE ORDER NOT-TO-EXCEED/NOT-LESS-THAN AGREEMENTS (AFMC) (OCT 2008)
(a) Prior to the issuance of a change order under this firm-fixed-price contract, the Contractor shall promptly furnish, upon request of the Contracting Officer, written agreement as to the maximum adjustment (a not-to-exceed amount in the case of an increase or a not-less-than amount in the case of a reduction) to the contract price and/or in the delivery schedule (or time of performance) caused by the change.
(b) The Contracting Officer shall also solicit such agreement on limitations to the adjustments or to any other contract requirements, which may be subject to equitable adjustment by reason of the change. Any such written agreement shall then be cited in the change order and, upon its issuance, shall be a binding part of the contract. In no event shall the definitive equitable adjustment exceed the delivery schedule (or time of performance) adjustments so established. All costs associated with the change order shall be segregated from other contract costs until the change order has been definitized. Except with respect thereto, nothing contained herein shall affect the rights of the parties to an equitable adjustment by reason of the change, pursuant to the "Changes" clause.
(End of clause)
