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DSCR I84BA: CORPORATE CONTRACTING PRICE REDETERMINATION
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Section: I
DPACS Code: I84BA
BSM Code: I16F38
Clause Number: 52.216-9G11 ALT I
Type: LOCAL
Clause last updated: 1996-03
Status: Deleted
Replaced by: this row
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Date of text: 1996-03 (current version)
I84BA 52.216-9G11 CORPORATE CONTRACTING PRICE DSCR (MAR 1996)
AND ALT I REDETERMINATION-PROSPECTIVE
I16F38 ALTERNATE I
(a) General. The unit prices and the total price stated in
this contract shall be periodically redetermined in accordance with
this clause, except that (1) the prices for supplies and services
ordered before the first effective date of price redetermination
[see paragraph (b) of this clause] shall remain fixed and (2) in no
event shall the total amount paid under this contract exceed any
ceiling price included in the contract (paragraph g).
(b) Price redetermination periods. For the purpose of
price redetermination, performance of this contract is divided
into successive periods. The first period shall extend from the
date of the contract award to 365 days after award, and the
second and each succeeding period shall extend 365 days from
the end of the last preceding period. The first day of the
second and each succeeding period shall be the effective
date of price redetermination for that period.
(c) Data submission.
(1) Not more than 90 days nor less than 60 days before
the end of each redetermination period, except the last, the
Contractor shall submit proposed prices for supplies or services
that may be ordered in the next succeeding period.
(2) The Contractor shall also submit documentation to
support the requested price increase/decrease (i.e., commercial
price list changes; GSA price changes if items are also on a GSA
contract; information other than cost or pricing data; cost
or pricing data if same was provided and utilized to determine
the original contract prices as fair and reasonable).
(3) If the Contractor fails to submit the data
required by subparagraphs (1) and (2) above, within the time
specified, the Contracting Officer may exercise the option
provisions without a price redetermination.
(d) Price redetermination. Upon the Contracting Officer's
receipt of the data required by paragraph (c) above, the Contracting
Officer and the Contractor shall promptly negotiate to redetermine
fair and reasonable prices for supplies or services that may be
ordered in the period following the effective date of price
redetermination.
(e) Contract modifications. Each negotiated redetermination of
prices shall be evidenced by a modification to this contract, signed
by the Contractor and the Contracting Officer, stating the redetermined
prices that apply during the redetermination period.
(f) Disagreements. If the Contractor and the Contracting
Officer fail to agree upon redetermined prices within 60 days after
the date on which the data required by paragraph (c) above are to
be submitted, the Contracting Officer shall promptly issue a
decision in accordance with the Disputes Clause. For the purpose
of paragraph (e) above, and pending final settlement of the
disagreement on appeal, by failure to appeal, or by agreement,
this decision shall be treated as an executed contract modification.
Pending final settlement, price redetermination for subsequent periods,
if any, shall continue to be negotiated as provided in this clause.
(g) Ceiling prices. Redetermined price(s) will not exceed a
10 percent increase over the preceding ordering period price(s).
There will be no limitation on price decreases.
(h) Price reductions. Notwithstanding the provisions of
this clause, DSCR will accept contractor-offered price reductions
throughout the life of the contract.
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