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DSCC

DSCC 52.216-9C54: ECONOMIC PRICE ADJUSTMENT CERTAIN SPECIFIED METALS

I16D54   52.216-9C54   ECONOMIC PRICE ADJUSTMENT - CERTAIN SPECIFIED METALS
  (AUG 1997)   DSCC

Old code:  I101

(a) Metal specified for application of the provisions of this clause is
 .

(b) Definitions. As used in this Clause.
(1) The words "Contract Date" mean -
(i) the date of bid opening in the case of a sealed bid acquisition;
(ii) the date of award in the case of a negotiated acquisition, except that
with respect to any set-aside portion (partial small business) awarded
under this solicitation, "Contract Date" shall mean the date of bid opening
of the non-set-aside portion if sealed bid, or the date of award of the non-
set-aside portion, if negotiated.
(2) The words "required delivery date of this contract" refer only to the
delivery schedule as originally stated in the contract plus any extension
attributable solely to reasons determined by the Contracting Officer to be
excusable within the meaning of the contract clause entitled "Default". The
words "required delivery date of this contract" do not include any
extension of the delivery schedule, however accomplished, except for such
excusable causes. In the event of excusable delay, the delivery schedule
shall be equitably extended and the delivery as thus extended shall be
considered the "required delivery date of this contract" for the purposes
of this contract.

(c) The contract award shall reflect the prices as shown in the
Contractor's offer.

(d) The Contractor warrants that the unit prices set forth in this contract
do not include any allowance for any contingency to cover increased costs
of performance resulting from increase in the price of metal identified in
paragraph (a) from the contract date, as defined above.

(e) If thirty (30) days prior to the required delivery date of this
contract, as defined above, or thirty (30) days prior to the actual
shipment, whichever is earlier, the lowest price of domestically produced
metal identified in paragraph (a) as published in the American Metal Market
is greater than or less than the lowest price of domestically produced
metal identified in paragraph (a) as published in the American Metal Market
on the contract date, as defined above, the Contractor, no later than
twenty (20) days after date of shipment (or such further period as may be
approved in writing by the Contracting Officer) shall notify the
Contracting Officer, in writing, of such increase or decrease. As to each
item, the unit price for the supplies awarded shall be adjusted by adding
thereto or subtracting there from, as appropriate, the product obtained by
multiplying the number designated in the chart below by the difference in
price per pound between the lowest published price of domestically produced
metal identified in paragraph (a) as of the contract date, as defined
above, and the lowest published price of domestically produced metal
identified in paragraph (a) as of thirty (30) days prior to the required
delivery date of this contract, as defined above, or thirty (30) days prior
to the date of actual shipment, whichever is earlier. Such adjustment shall
be the only adjustment permitted under this contract and will be formalized
by a modification issued by the Government under the contract.

(f) Notwithstanding any other provisions herein, the amount of increase in
any contract unit price under this clause shall not exceed       percent of
the corresponding award unit price.

(g) No adjustment shall be made under this clause unless the total change
in the contract amount is $250.00 or more.

(h) The Contractor shall submit a statement on each invoice submitted under
the contract stating that the Contracting Officer has been notified of all
decreases in the price of metal identified in paragraph (a) in accordance
with paragraph (e) of this clause and that all such decreases, if any, are
reflected in the invoice and shall include a statement on the final invoice
that all price decreases required by the clause have been applied in the
manner required herein.

(i) Chart:
|ITEM   |FACTOR      |ITEM   |FACTOR      |ITEM   |FACTOR      |
|       |            |       |            |       |            |
|       |            |       |            |       |            |
|       |            |       |            |       |            |


 (Will be indicated in the solicitation/contract)

(End of Clause)