Common use of Rate Redetermination Clause in Contracts

Rate Redetermination. Rates may be redetermined as set forth in this Section. Bid Premium Rates shall be added to all redetermined rates, except as provided in 8T3.31, 8T3.32, and 8T3.33. Rate redeterminations shall be made in accordance with the standard Forest Service methods in effect 45 days prior to rate redetermination. Such methods shall take into consideration factors that may affect timber value at rate redetermination date. Redetermined rates shall not be less than Base Rates listed in AT4, except for reduction under BT3.31, BT3.32, or 8T3.33. Required Deposits shall be redetermined. Redetermined Specified Road construction cost is subject to the limitations of BT5.26. BT3.31 Rate Redetermination for Environmental Modification. In the event of a contract modification under 8T8.33 or partial termination under BT8.34, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber remaining immediately prior to the revision and the appraised unit value of Included Timber to be cut under the modification. The appraisal shall consider the estimated cost of any construction work listed in the Schedule of Items that was performed and abandoned. Tentative Rates and Flat Rates in effect at the time of the revision will be adjusted by said differences to become Current Contract Rates. Accordingly, Base Rates shall be adjusted to correspond to the redetermined rates if redetermined rates are less than the original Base Rates, subject to a new Base Rate limitation of the cost of essential reforestation or 25 cents per hundred cubic feet or equivalent, whichever is larger. However, existing Base Indices shall not be changed under this Subsection. Redetermined rates, or differences for rates subject to BT3.2, and Required Deposits shall be considered established under BT3.1 for Included Timber removed subsequent to the contract revision. BT3.32 Rate Redetermination after Catastro­ phic Damage. In event of Catastrophic Damage and ad­ justment, If any, of Included Timber, Contracting Officer shall make an appraisal to determine for each species the catastrophe-caused difference between the appraised unit value of Included Timber remaining immediately prior to the catastrophe and the appraised unit value of existing and potential Included Timber immediately after the ca­ tastrophe. Included Timber is any that would not be elimi­ nated under BT8.32. Potential Included Timber is any that would be added under BT8.32. Tentative Rates and Flat Rates in effect at the time of catastrophe shall be adjusted by said differences to be­ come the redetermined rates for the purpose of a contract modification under BT8.32. Accordingly, Base Rates shall be adjusted to correspond to the redetermined rates if redetermined rates are less than the original Base Rates, subject to new Base Rate limitations of 25 .cents per hun­ dred cubic feet or equivalent. However, existing Base In­ dices shall not be changed under this Subsection. Upon agreement under BT8.32, redetermined rates and Required Deposits shall be considered established under BT3.1 for Included Timber removed subsequent to Catastrophic Damage. At time of such appraisal, Specified Road construc­ tion cost shall include the estimated cost of any construc­ tion work listed in the Schedule of Items performed and abandoned.

Rate Redetermination. Rates . may be redetermined as set forth in this Section. Bid Premium Rates shall be added to all redetermined rates, except as provided in 8T3.31BT3.31 , 8T3.32BT3.32, and 8T3.33BT3.33. Rate redeterminations shall be made in accordance with the standard Forest Service methods in effect 45 days prior to rate redetermination. Such methods shall take into consideration factors that may affect timber value at rate redetermination date. Redetermined rates shall not be less than Base Rates listed in AT4, except for reduction under BT3.31BT3.31 , BT3.32, or 8T3.33BT3.33. Required Deposits shall be redetermined. Redetermined Specified Road construction cost is subject to the limitations of BT5.26. BT3.31 Rate Redetermination for Environmental Modification. In the event of a contract modification under 8T8.33 BT8.33 or partial termination under BT8.34, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber remaining immediately prior to the revision and the appraised unit value of Included Timber to be cut under the modification. The appraisal shall consider the estimated cost of any construction work listed in the Schedule of Items that was performed and abandoned. Tentative Rates and Flat Rates in effect at the time of the revision will be adjusted by said differences to become Current Contract Rates. Accordingly, Base Rates shall be adjusted to correspond to the redetermined rates if redetermined rates are less than the original Base Rates, subject to a new Base Rate limitation of the cost of essential reforestation or 25 cents per hundred cubic feet or equivalent, whichever is larger. However, existing Base Indices shall not be changed under this Subsection. Redetermined rates, or differences for rates subject to BT3.2, and Required Deposits shall be considered established under BT3.1 for Included Timber removed subsequent to the contract revision. BT3.32 Rate Redetermination after Catastro­ phic Damage. In event of Catastrophic Damage and ad­ justment, If if any, of Included Timber, Contracting Officer shall make an appraisal to determine for each species the catastrophe-caused difference between the appraised unit value of Included Timber remaining immediately prior to the catastrophe and the appraised unit value of existing and potential Included Timber immediately after the ca­ tastrophe. Included Timber is any that would not be elimi­ nated under BT8.32. Potential Included Timber is any that would be added under BT8.32. Tentative Rates and Flat Rates in effect at the time of catastrophe shall be adjusted by said differences to be­ come the redetermined rates for the purpose of a contract modification under BT8.32. Accordingly, Base Rates shall be adjusted to correspond to the redetermined rates if redetermined rates are less than the original Base Rates, subject to new Base Rate limitations of 25 .cents cents per hun­ dred cubic feet or equivalent. However, existing Base In­ dices shall not be changed under this Subsection. Upon agreement under BT8.32, redetermined rates and Required Deposits shall be considered established under BT3.1 for Included Timber removed subsequent to Catastrophic Damage. At time of such appraisal, Specified Road construc­ tion cost shall include the estimated cost of any construc­ tion work listed in the Schedule of Items performed and abandoned.