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DSCR

DSCR I81: ECONOMIC PRICE ADJUSTMENT (EPA) - LEAD

I81   52.216-9G04   ECONOMIC PRICE ADJUSTMENT-LEAD  DSCR (JAN 1997)
AND
I16F33

    (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 lead contained in each unit offered 
is the amount tated 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
 prices for lead on the New York Market, as reported in the Wall 
Street Journal, over the fifteen working days immediately preceding 
bid opening or the day set for receipt of proposals.  If the 
quotation for lead 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 price of 
lead on the New York Market, as reported in the Wall Street Journal, 
for the twenty working days prior to a delivery date.

         (4)  The term weight factor means the amount of lead 
contained in each unit delivered.  For purposes of this definition, 
the amount of lead per unit will be deemed to be the number of 
pounds stated in the contract schedule, rounded off to the nearest 
hundredth of a pound.

         (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)  The weight factor shall be included in the evaluation of 
offers as set forth in Section M of this solicitation.
Notwithstanding the foregoing, the aggregate of the increase(s) 
in any unit price adjusted under this clause shall not exceed 15% 
of the original 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.
Any dispute arising under this clause shall be determined in 
accordance with and subject to the "Disputes" Clause of the 
contract.