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DSCC

DSCC 52.216-9C33: EPA - ESTABLISHED PRICE

I16D33   52.216-9C33   EPA - ESTABLISHED PRICE   (APR 2000)   DSCC
Old code:  I24

(a) Definitions: As used in this clause,
(1) The term "established price" means a current catalog or list price
(either maintained by the contractor if the contractor is a manufacturer,
or if the contractor is a dealer, maintained by his manufacturer or
supplier) for a commercial item sold in substantial quantities to the
general public, but is decreased by applying any applicable standard trade
discounts offered by the contractor (or the manufacturer) from the catalog,
list or maker price;
(2) The term "contract date" means;
(i) the date of bid opening for advertised solicitations. If the
solicitation contains a set-aside portion, the "contract date" for the set-
aside portion will be the date of bid opening for the non-set-aside
portion;
(ii) the date of award for negotiated solicitations. If the solicitation
contains a set-aside portion, the contract date for the set-aside portion
will be the date of award of the non set-aside portion.

(b) The contractor represents that the items to be delivered under this
contract are supplies for which the contractor has an established price and
that any differences between the contract unit price (including option
price, if applicable) and the contractor's established price for like
quantities of the nearest commercial equivalent are due to compliance with
contract requirements including preservation, packaging, and packing beyond
standard commercial practice and the amount included for transportation, if
this contract requires delivery f.o.b. destination.

(c) The contractor shall promptly notify the contracting officer, in
writing, the amount and effective date of each decrease in the applicable
established price, and each contract unit price shall be decreased by the
same percentage that said established price is decreased.

(d) If the contractor's applicable established price is increased after the
basic contract date, the CLIN unit price shall be increased, upon the
contractor's request in writing to the contracting officer, by the same
percentage that the established price is increased, and the contract shall
be modified accordingly, subject to the following conditions:
(1) Price decreases under paragraph (c) above are not subject to any
limitation.
(2) The aggregate of the increases in any contract unit price shall not
exceed       percent of the original contract unit price per contract year.
(3) Delivery orders issued prior to the effective date of a modification
incorporating a new established price will not be modified.
(4) Each request for increase must be supported by data to substantiate the
contractor's increase in established price.

(e) When the basic contract period is extended, the established price
effective on that date will be included in the modification issued to
extend the contract period.

(End of Clause)