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DSCR

DSCR I84BB: COMMERCIAL PRICE REDETERMINATION-PROSPECTIVE

I84BB   52.216-9G11   COMMERCIAL PRICE DSCR (NOV 1999)
AND                   REDETERMINATION- 
I16F39  ALTERNATE II  PROSPECTIVE 

    (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 that correspond to the option periods.  The first 
period is established on a firm fixed price basis and shall extend 
from the date of the contract award to _____________________________.
Each succeeding period shall extend ____ months from the end of the 
last preceding period.  The first day of the succeeding period shall 
be the effective date of price redetermination for that period. 

    (c) Data submission.

         (1) Not more than ____ days nor less than ____ days before 
the end the base period or 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; informal cost information 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 
contract will expire.

     (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.
Once signed,the prices for the option period are considered firm 
fixed price.

    (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.