As prescribed in 15.408-90, insert the following clause in all DoD EMALL solicitations and contracts.
DOD EMALL Purchasing Reviews (NOV 2008) - DLAD
1. The Contracting Officer may conduct price reasonableness reviews of items or services provided under this contract, regardless of dollar value, that were not specifically determined to have fair and reasonable prices at contract award. If an initial review of the price results in a determination by the Contracting Officer that a price is not fair and reasonable, the burden of proof shall be upon the Contractor to establish that the price is reasonable under the standards in FAR 12.209 and Subpart 15.4.
2. If the Contracting Officer determines that an item or service is unreasonably priced, the Contracting Officer may direct that the item or service be removed from ordering under the contract if agreement cannot be reached with the Contractor concerning a fair and reasonable price for the item or service. The Contracting Officer may also recover from the Contractor the amount the Contracting Officer determines has been paid to the Contractor in excess of a reasonable price for that item or service. The Contracting Officer will notify the Contractor in writing in accordance with FAR 32.610, giving the basis for the determination and the amount to be refunded. The Contractor shall make the refund payment in accordance with directions from the Contracting Officer, unless it can demonstrate to the satisfaction of the Contracting Officer that the price in question is fair and reasonable. The Contractor shall provide proof of the refund payment to the Contracting Officer. The Contracting Officer may collect the amount due using all available means in accordance with FAR Subpart 32.6. FAR 52.232-17, Interest, is applicable to payments not made within 30 days of the demand for payment.
3. Any disputes arising under this provision shall be handled in accordance with the “Disputes” clause of this contract.
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