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DSCR I80: ECONOMIC PRICE ADJUSTMENT (EPA) -SILVER
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Section: I
DPACS Code: I80
BSM Code: I16F32
Clause Number: 52.216-9G03
Type: LOCAL
Clause last updated: 1997-01
Status: Deleted
Replaced by: this row
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Date of text: 1997-01 (current version)
I80 52.216-9G03 ECONOMIC PRICE ADJUSTMENT - SILVER DSCR (JAN 1997)
AND
I16F32
(a) To the extent that contingent cost increases are provided
for by this Economic Price Adjustment Clause, the offeror warrants
that the prices in this offer do not include any amount to protect
against such contingent cost increases. The contractor also
warrants that the amount of silver contained in each unit offered
is the amount stated in the contract schedule.
(b) As used throughout this provision:
(1) The term "Unit Price" means the unit price offered,
as set out in the contract schedule.
(2) The term "Reference Quotation" means the average of the
Englehard Industrial Bullion Quotation and the Handy and Harman Base
Price Quotation for silver on the New York Market over the fifteen
working days immediately preceding bid opening, or the date of award
for negotiated contracts, as reported in the Wall Street Journal.
If the quotation for silver on a particular day is set out as a
range of prices, the average of these prices shall be considered
the price for that day.
(3) The term "Adjusted Quotation" means the average of
the Englehard Industrial Bullion Quotation and the Handy and Harman
Base Price Quotation of silver on the New York Market, as reported
in the Wall Street Journal, for the fifteen working days prior to a
delivery date.
(4) The term "Weight Factor" means the amount of silver
contained in each unit delivered. For purposes of this definition,
the amount of silver per unit will be deemed to be the number of
troy ounces stated in the contract schedule.
(5) The term "Delivery Date" means the date on
which a delivery of contract items is shipped from the contractor's
plant.
(c) The prices payable under the contract shall be adjusted,
upward or downward, by contract modifications issued by the Contracting
Officer. Modifications will be issued upon presentation of a written
claim for an increased adjustment or written notification of a
downward adjustment by the contractor when the amount of the net
change in the contract price is at least $1,000. Such claims/
notifications shall be made no later than sixty days after the
final delivery date. Contractors are required to notify the
Contracting Officer of any price decreases. If the contractor
should fail to notify the Contracting Officer of a price decrease,
price decreases may still be effected by the Contracting Officer
provided written notification of the decrease is provided to
the contractor within 60 days after the date of final shipment of
supplies under the contract. Contractor claims for a price
increase that are submitted more than sixty days after the final
delivery date will not be honored. There will be no adjustment
for increases which occur after the required delivery date.
(d) The prices payable for a particular delivery under this
contract will be the sum of the unit price for the items supplied
and the product of the difference between the reference quotation
and the adjusted quotation and the weight factor, multiplied by
the number of units delivered.
(e) Notwithstanding the foregoing, the aggregate of the
increase(s) in any unit price adjusted under this clause shall not
exceed % (percent) of the contract price for such unit. There
shall be no limit on the downward economic price adjustments made
pursuant to this clause.
(f) Pricing actions pursuant to the Changes Clause or other
provisions of the contract will be priced as though there were no
provisions for economic price adjustment. In the event the Wall
Street Journal discontinues or alters substantially the index cited
herein, the parties shall mutually agree upon an appropriate
substitute for determining the price adjustment described herein.
(g) Any dispute arising under this clause shall be determined
in accordance with and subject to the Disputes Clause of the
contract.
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