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DSCC

DSCC 52.216-9C31: EPA - SPECIFIED METALS

I16D31   52.216-9C31   EPA - SPECIFIED METALS   (APR 2000)   DSCC
Old code: I22

(a) This clause applies to supplies which require the use of metal
identified in paragraph (c) below and provides for adjustment of the
contract price as a result of changes in the cost of the metal.

(b) Definitions: As used in this clause,
(1) The term "contract date" means:
(i) the date of bid opening in the case of sealed bid solicitations.
(ii) the date of award in the case of negotiated solicitations, except that
with respect to any set-aside portion of this solicitation, the words mean
the date of bid opening for the non-set-aside portion, if sealed bid, or
the date of award for the non-set-aside portion, if negotiated, or
(iii) the effective date of contract modification adding additional CLINs
to the contract, except that if additional CLINs are added pursuant to the
clause entitled "Option for Increased Quantity," the date specified in (i)
above for sealed bid solicitations and in (ii) above for negotiated
solicitations shall be applicable.
(2) The words "contract delivery date" refer only to the delivery schedule
as originally stated in the contract as of date of award or as stated in
option exercises as of date issued plus any extension attributable solely
to reasons determined by the contracting officer to be excusable within the
meaning of paragraph (c) of the "Default" Clause (FAR 52.249-8). The words
''contract delivery date" do not include any extension of the delivery
schedule, however accomplished, except for such excusable causes.
(3) The "cost of metal as of the contract date" means the contractor's
established price or in the absence of an established price, the
contractor's cost based on either the contractor's cost to produce (if a
manufacturer) or the metal manufacturer's quoted price to the contractor
for the metal in its manufactured state delivered to the contractor. (In
the case of contracts awarded to dealers, the words "Subcontractor or
Supplier" are substituted for the word "Contractor" in this definition.)

(c) The metal for price adjustment purposes means       which is used in
the manufacture of the supplies.

(d) Each contract unit price shall be subject to adjustment to reflect
changes (increases or decreases) in the cost of metal identified in (c)
above used in the manufacture of the supplies occurring after the contract
date and before the contract delivery date. For each adjustment the
contractor must furnish to the contracting officer proof of shipment,
evidence to establish the cost of the metal identified in (c) above as of
the contract date and the actual cost of the metal used in manufacturing
the supplies.

(e) Adjustment of the contract unit price under this clause shall be
subject to the following conditions:
(1) The total of the increases in my contract unit price shall not exceed
    percent of the contract unit price as of the contract date. However, if
the unit prices as of the contract date are decreased during performance
pursuant to the changes or other clauses of the contract, the aforesaid
limitation applies to the decreased unit prices.
(2) The contractor's entitlement to price increases shall be waived, unless
the contractor's written request therefore is received by the contracting
officer within 60 days after the date of final shipment of all supplies
under the contract.
(3) No adjustment will be made on CLIN unit prices for price increases
which occur after date of production of the item using the metal identified
in (c) above, the date of Government acceptance if origin acceptance is
required or accomplished, or the contract delivery date, whichever is
earlier.
(4) No adjustment shall be made under this clause unless the mount of
adjustment in the total contract price amounts to $250 or more. When there
are several increases or decreases during the performance of the contract,
amendment of the contract may be delayed until the supplies are delivered.
(5) The contractor shall promptly notify the contracting officer in writing
the amount and effective date of each decrease in the cost of metal
identified in (c) above and each contract unit price shall he decreased
accordingly. For each decrease, the contractor must furnish evidence as
cited in paragraph (d) above.

(f) Unless the contractor advises otherwise, the contractor's submission of
a final invoice shall constitute a certification that there have been no
decreases in the cost of the metal used in the manufacture of the contract
supplies or that all such decreases have been reported to the contracting
officer.

(g) The contracting officer or his authorized representative may examine
the contractor's records and other supporting data relating to changes in
the contract pricing under this clause during all reasonable times until
the expiration of three years from the date of final payment under this
contract.

NOTE: If the contractor changes production facilities after the contract
date, price adjustments under paragraph (d) will be limited to the change
in the cost of metal of either the original production facility or the
substitute facility, whichever is less, from the contract date to the date
of shipment, date of Government acceptance when origin inspection is
required, or the contract delivery date, whichever is earlier.

(End of Clause)