Common use of Price Adjustments Clause in Contracts

Price Adjustments. Prices shall be firm against increase for 24 months from the original effective date of contract. Requests for increase/decrease may be submitted to the State if there has been, or is, a documented change in cost, with the State reserving the right to accept or reject requests within thirty (30) days after receipt of request. Price increases may be requested by the Contractor one (1) time per year, on the contract anniversary date, (following the 24-month price freeze) by using the Producer Price Index (PPI) for Industry: ―Data Management and Storage, Information Transformation and other Services‖, as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the PPI (Series ID PCU5182105182104). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below will be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of the contract shall become effective no later than thirty (30) days after approval of the request. The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.

Appears in 5 contracts

Samples: Contract Between, Contract Between, Contract Between

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Price Adjustments. Prices shall may not be firm against increase for 24 adjusted during the initial term of the Contract. For the renewal term of the Contract, the prices will be the renewal term prices specified on the Price Sheet(s); however, the renewal term prices may be adjusted no earlier than twelve months from after the original start date of the renewal term and, thereafter, or no earlier than twelve months after the effective date of contract. Requests for increase/decrease may be submitted to the State if there has been, or is, a documented change in cost, with the State reserving the right to accept or reject requests within thirty (30) days after receipt of requestprevious price adjustment. Price increases may must be requested supported by the Contractor one (1) time per year, on the contract anniversary date, (following the 24-month price freeze) by using a change in the Producer Price Index (PPI) for Industry: ―Data Management and Storage, Information Transformation and other Services‖, as the Series ID shown in the table below. This information is published by the U.S. Department of Labor, Bureau of Labor Statistics. Statistics (BLS), and is available at xxxx://xxx.xxx.xxx/data/. Series ID Product XXX00000000000000 Nonresidential cleaning services The rate adjustments will change in PPI for the first price adjustment after the start date of the renewal term shall be based determined using the PPI for the month in which the renewal term began and the latest available non-preliminary PPI at the time of the price adjustment request (a preliminary PPI is indicated on the PPI BLS website with a “(Series ID PCU5182105182104P)” notation). The Contractor may offer change in PPI for second and subsequent price reductions at any time adjustments shall be determined using the latest PPI that was used to support the previous price adjustment and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published latest available non-preliminary Producer Price Index for PPI at the month prior to the award/anniversary date time of the contract will be request. When requesting a price increase, the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior Contractor shall submit a written justification to the contract year to be priced will establish manager detailing the reference data reason(s) for the New request; an increase in the PPI Indexis not sufficient justification for a price increase by itself. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period Price increases shall not exceed the percent change in PPI allowable amount or 3%three percent, whichever is less. The percent change in PPI shall be calculated using the following formula: (𝐵 − 𝐴) 𝐴 = 𝑍 Where: A = earliest PPI (PPI at the time the renewal term began or previous price escalation/deadjustment) B = latest PPI (latest available non-escalation formula preliminary PPI at the time of price adjustment request) Z = percent change in PPI The Department reserves the exclusive right to approve or deny any price adjustment request. Price adjustments will not be tied considered for any Contractor with any contractual non-performance issues including, but not limited to, outstanding fees or monies due under this Contract or overdue reports or documentation including, but not limited to, a Quarterly Sales Report or an MFMP Transaction Fee Report. A price adjustment does not constitute a change to the change Contract requiring an amendment executed by both Parties. After the Department approves a price adjustment in a written communication to the commodity for Data Management and StorageContractor, PPI Series ID PCU5182105182104it will incorporate the price adjustment onto the Price Sheet(s) listed on the State Purchasing Contract website. Price adjustments may not be applied retroactively. The formula is calculated by dividing Department reserves the New PPI Index by the Old PPI Index right to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a request price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found decreases at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below will be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at any time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of the contract shall become effective no later than thirty (30) days after approval Contract if it is found to be in the best interest of the requestState. The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected Price decreases issued by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of are permissible at any time during the Contract would result in a substantial lossinitial and renewal terms.

Appears in 4 contracts

Samples: Custodial Services, Custodial Services, Custodial Services

Price Adjustments. Prices shall be firm against increase CPI Adjustments On each annual anniversary date of OGS’s approval of the first contract award for 24 months from the original effective date of contract. Requests for increase/decrease may be submitted to the State if there has beenSolicitation, or is, a documented change in cost, with the State reserving the right to accept or reject requests within thirty (30) days after receipt of request. Price increases may be requested by the Contractor one (1) time per year, on may request a rate change for the contract anniversary date, (following Centralized Contract ‘Monthly Maintenance Fee’ and ‘Fire Service Testing Fee’ based upon fluctuations in the 24-month price freeze) by latest published copy of the Consumer Price Index for all urban consumers using the Producer Price Index (PPI) for Industry: ―Data Management ‘Services’ commodity and Storage, Information Transformation and other Services‖, service group as published by the U.S. Department of Labor, Bureau of Labor StatisticsXxxxx Xxxxxxxxxx, Xxxxxxxxxx, X.X. 00000. If a Contractor is delinquent with their Administrative Reporting, OGS Procurement Services will not approve a request for a Price Adjustment.  The rate adjustments will be based on index is also available through the PPI (Series ID PCU5182105182104). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found Internet at the Bureau of Labor Statistics web site and following the below steps: at xxxx://xxxxx.xxx.xxx/. Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ “Subjects” > “Inflation and Prices Overview” > “Consumer Price Index” > “CPI Tables” and then refer to “Table Containing History of CPI-U U.S. All Items Indexes and Annual Percent Changes From 1913 to Present is now available in the ―Select an Industry‖ box and click CPI Detailed Report as Table 24”. Similarly, on each annual anniversary date of the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ Contract Award for ―Data Management and Storagea Mini-bid Agreement, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar Contractor may request a rate change to the one shown below Mini-bid Agreement ‘Monthly Maintenance Fee’ and ‘Fire Service Testing Fee’ using the same methodology. Adjustments made to Centralized Contract will not impact pricing on an established Mini-bid Agreement. Such adjustments must be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided requested by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded Contractor to the four decimal points)Authorized User and shall not exceed the prices authorized under the Centralized Contract. Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded In addition, the Contractor may reduce fees or markup rates at any time, by submitting a request to two decimal points)OGS Procurement Services and/or the Authorized User. Calculation: 104.3 ÷ 105.5 = .9886 (which equates To request a price adjustment, the Contractor shall submit a written and signed request, on company letterhead, to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term OGs employee assigned to the Contract within 90 days of the applicable anniversary date. Upon receipt of the request, OGS will calculate the CPI adjustment and make the appropriate changes to the contract shall become effective no later than thirty pricing. The Contractor is solely responsible for notifying OGS Procurement Services that the Contractor wishes to receive the CPI rate change. Should the Contractor fail to make a request to OGS Procurement Services or the Authorized User within ninety (3090) days after approval of the request. The Department mayapplicable anniversary date, the Contractor shall be deemed to have waived its right to any increase in its sole discretionprice for that year, make an equitable but the State or Authorized User shall not be barred from making the appropriate adjustment in the Contract terms and/or pricing if pricing or availability case of supply is affected a decrease determined in accordance with the above methodology. Price adjustments using the CPI involve changing the base payment by extreme and unforeseen volatility the percent change in the marketplace, that is, by circumstances that satisfy all level of the following criteriaCPI for the current year compared to the previous year. This is calculated by first determining the index point change between the two readings and then the percent change. The price adjustment shall be calculated as follows: Take the CPI value for the 3rd month prior to the current anniversary date and subtract the CPI value for the 3rd month prior to the previous anniversary date (115 months prior to the current anniversary date) [e.g.: If OGS approved the volatility is due to causes wholly beyond first contract award in December, take the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance September CPI value of the current year and subtract the September CPI value of the previous year]. That sum is then divided by the previous period CPI value and this result is then multiplied by 100 to equal the percent change which is the price adjustment value. This percentage change (increase or decrease) shall be applied to the next Contract would result in year, upon release of a substantial lossContract Addendum from OGS Procurement Services. The following example illustrates the computation of percent change for a hypothetical April 2004 anniversary calculation: CPI FOR CURRENT PERIOD (JANUARY 2004) 185.2 LESS CPI FOR PREVIOUS PERIOD (JANUARY 2003) 181.7 EQUALS INDEX POINT CHANGE 3.5 DIVIDED BY PREVIOUS PERIOD CPI 181.7 EQUALS 0.0192 RESULT MULTIPLIED BY 100 0.019 X 100 EQUALS PERCENT CHANGE 1.9% .

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Price Adjustments. Prices During the twelve (12)-month period that starts on the Effective Date, the parties shall be firm against increase undertake a review of pricing for 24 months from the original effective date of contract. Requests for increase/decrease may be submitted Products once every ninety (90) days (“Quarterly Pricing Review”) beginning on the first business day that is no less than fifteen (15) days prior to the State if there has beenninety (90)-day anniversary of the Effective Date, or isconsidering all relevant costs to Polyzen reflected in determining the pricing including, a documented change but not limited to, labor costs, material and supplier component costs (“Pricing Review Criteria”), and to use commercially reasonable efforts to reach agreement on any future pricing adjustments, reflecting both reductions and increases in cost, with (“Pricing Adjustment(s)”). After the State reserving twelve (12)-month anniversary of the right to accept or reject requests within thirty (30) days after receipt of request. Price increases may be requested by Effective Date, the Contractor one (1) time per year, on the contract anniversary date, (following the 24-month price freeze) by using the Producer Price Index (PPI) for Industry: ―Data Management and Storage, Information Transformation and other Services‖, as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be parties shall undertake an annual pricing review based on the PPI (Series ID PCU5182105182104). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior to the award/anniversary date of the contract will be the reference date for the Pricing Review Criteria beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below will be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of the contract shall become effective first business day that is no later more than thirty (30) days after approval before the end of each subsequent twelve (12)-month anniversary of the requestEffective Date (“Annual Pricing Review”). The Department mayAny Pricing Adjustments agreed to by the Parties in a Quarterly Pricing Review or an Annual Pricing Review shall become effective when agreed to in writing in an amendment to Exhibit C in accordance with Section 10.8 of this Agreement. Polyzen shall make available to Company all supporting documentation reasonably necessary to calculate any Pricing Adjustments including labor costs and material and supplier component costs and will reasonably cooperate with Company in negotiating any Pricing Adjustments. For clarity sake, any future Pricing Adjustments resulting in its sole discretion, make an equitable adjustment increase to Company will be limited to situations where the underlying documented costs to Polyzen increased. Polyzen agrees that any price increase associated with Polyzen labor costs shall be capped at two percent (2%); any agreed to reduction in the Contract terms and/or then current pricing if pricing or availability of supply is affected set forth in Exhibit C shall be retained by extreme Company provided Company pre-purchases inventory as outlined in Section 2.4.2 above. If Polyzen purchases inventory, such increases / decreases and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial lossmxxx-ups will be reasonably negotiated with Company.

Appears in 3 contracts

Samples: Supply Agreement (Motus GI Holdings, Inc.), Confidential Treatment (Motus GI Holdings, Inc.), Confidential Treatment (Motus GI Holdings, Inc.)

Price Adjustments. Prices shall be firm against increase CPI Adjustments On each annual anniversary date of OGS’s approval of the first contract award for 24 months from the original effective date of contract. Requests for increase/decrease may be submitted to the State if there has beenSolicitation, or is, a documented change in cost, with the State reserving the right to accept or reject requests within thirty (30) days after receipt of request. Price increases may be requested by the Contractor one (1) time per year, on may request a rate change for the contract anniversary date, (following Centralized Contract ‘Monthly Maintenance Fee’ and ‘Fire Service Testing Fee’ based upon fluctuations in the 24-month price freeze) by latest published copy of the Consumer Price Index for all urban consumers using the Producer Price Index (PPI) for Industry: ―Data Management ‘Services’ commodity and Storage, Information Transformation and other Services‖, service group as published by the U.S. Department of Labor, Bureau of Labor StatisticsXxxxx Xxxxxxxxxx, Xxxxxxxxxx, X.X. 00000. If a Contractor is delinquent with their Administrative Reporting, OGS Procurement Services will not approve a request for a Price Adjustment. • The rate adjustments will be based on index is also available through the PPI (Series ID PCU5182105182104). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found Internet at the Bureau of Labor Statistics web site and following the below steps: at xxxx://xxxxx.xxx.xxx/. Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ “Subjects” > “Inflation and Prices Overview” > “Consumer Price Index” > “CPI Tables” and then refer to “Table Containing History of CPI-U U.S. All Items Indexes and Annual Percent Changes From 1913 to Present is now available in the ―Select an Industry‖ box and click CPI Detailed Report as Table 24”. Similarly, on each annual anniversary date of the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ Contract Award for ―Data Management and Storagea Mini-bid Agreement, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar Contractor may request a rate change to the one shown below Mini-bid Agreement ‘Monthly Maintenance Fee’ and ‘Fire Service Testing Fee’ using the same methodology. Adjustments made to Centralized Contract will not impact pricing on an established Mini-bid Agreement. Such adjustments must be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided requested by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded Contractor to the four decimal points)Authorized User and shall not exceed the prices authorized under the Centralized Contract. Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded In addition, the Contractor may reduce fees or markup rates at any time, by submitting a request to two decimal points)OGS Procurement Services and/or the Authorized User. Calculation: 104.3 ÷ 105.5 = .9886 (which equates To request a price adjustment, the Contractor shall submit a written and signed request, on company letterhead, to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term OGs employee assigned to the Contract within 90 days of the applicable anniversary date. Upon receipt of the request, OGS will calculate the CPI adjustment and make the appropriate changes to the contract shall become effective no later than thirty pricing. The Contractor is solely responsible for notifying OGS Procurement Services that the Contractor wishes to receive the CPI rate change. Should the Contractor fail to make a request to OGS Procurement Services or the Authorized User within ninety (3090) days after approval of the request. The Department mayapplicable anniversary date, the Contractor shall be deemed to have waived its right to any increase in its sole discretionprice for that year, make an equitable but the State or Authorized User shall not be barred from making the appropriate adjustment in the Contract terms and/or pricing if pricing or availability case of supply is affected a decrease determined in accordance with the above methodology. Price adjustments using the CPI involve changing the base payment by extreme and unforeseen volatility the percent change in the marketplace, that is, by circumstances that satisfy all level of the following criteriaCPI for the current year compared to the previous year. This is calculated by first determining the index point change between the two readings and then the percent change. The price adjustment shall be calculated as follows: Take the CPI value for the 3rd month prior to the current anniversary date and subtract the CPI value for the 3rd month prior to the previous anniversary date (115 months prior to the current anniversary date) [e.g.: If OGS approved the volatility is due to causes wholly beyond first contract award in December, take the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance September CPI value of the current year and subtract the September CPI value of the previous year]. That sum is then divided by the previous period CPI value and this result is then multiplied by 100 to equal the percent change which is the price adjustment value. This percentage change (increase or decrease) shall be applied to the next Contract would result in year, upon release of a substantial lossContract Addendum from OGS Procurement Services. The following example illustrates the computation of percent change for a hypothetical April 2004 anniversary calculation: CPI FOR CURRENT PERIOD (JANUARY 2004) 185.2 LESS CPI FOR PREVIOUS PERIOD (JANUARY 2003) 181.7 EQUALS INDEX POINT CHANGE 3.5 DIVIDED BY PREVIOUS PERIOD CPI 181.7 EQUALS 0.0192 RESULT MULTIPLIED BY 100 0.019 X 100 EQUALS PERCENT CHANGE 1.9% .

Appears in 2 contracts

Samples: Agreement, Agreement

Price Adjustments. Prices Revisions to pricing or terms impacting pricing shall be firm against requested in writing and must be approved by the Department prior to advertisement or implementation. The Contractor shall: Submit Contract Revision Authorization Form. Submit written justification for requested adjustment. Submit a new or revised price list (if applicable), or Manufacturer’s current Federal GSA Contract, on compact disc. If applicable, submit a copy of the signed Federal GSA Modification approving any price changes or adjustments along with all corresponding attachments, on compact disc. Identify the percentage(s) of requested increase for 24 months from and affected products or services, or Identify the original effective date percentage(s) of contractrequested decrease and affected products or services. Requests for increase/decrease may Update the State Contract Web Page immediately following written approval. Any GSA approved revision of pricing and products shall be submitted to the State if there has been, or is, a documented change in cost, Purchasing with the State reserving the right to accept or reject requests within thirty 30 days, or cancel the contract. Any increase accepted shall not become effective until approved in writing by State Purchasing. If Contractor does not provide GSA pricing, price adjustments shall be based on a percentage equal to the amount of increase (30or decrease) days after receipt in the Producer Price Index (PPI) on the date closest to the change date versus to the index on the date closest to the time of requestthe contract award date or the last contract price change. Price increases A price increase may be requested by the Contractor either party one (1) time per year, on the contract anniversary date, (following the 24-12 month price freeze) period by using the Producer Price Index (PPI) for Industry: ―Data Management and Storage, Information Transformation and other Services‖, Institutional Furniture Manufacturing as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the latest non-preliminary PPI (Series ID PCU5182105182104PCU337127337127). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed information can be found at by going to the U.S. Bureau of Labor Statistics web site website at: xxxx://xxx.xxx.xxx/ppi/#data. Scroll down to PPI Databases. Then select “Industry Data” (one-screen data search). In Box 1 enter “Institutional” and click find. In Box 2, click on “337127337127 Institutional Furniture Manufacturing”. In Box 3, click “Get Data”. By clicking the following the link below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below information will appear: xxxx://xxxx.xxx.xxx/PDQ/servlet/SurveyOutputServlet;jsessionid=f0306e310312Dy$3F$3F. The index will be createdupdated as new information is available. Series Id: PCU5182105182104 Industry: Data processing Price increase requests that exceed the corresponding PPI increases for the category noted above may not be approved. Review factors may include, but are not limited to, previous pricing adjustments, comparative study of other Contractors offering similar products, and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of the contract shall become effective no later than thirty (30) days after approval of the requestmarket trends. The Department mayreserves the right to accept or reject any requested pricing adjustment within 30 days, in or terminate the contract for convenience. Any increase accepted by GSA shall not become effective until approved by the Department. The State, at its sole discretion, make may allow an equitable adjustment in the Contract contract terms and/or or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace. Reference General Xxxxxxxx Xxxxxxxxxx, that isXXX 0000, by circumstances that satisfy all xxxxxxxxx 4.4(e) for detailed criteria. If for any reason, during the term of the following criteria: (1) contract, the volatility is due contractor reduces the pricing for similar services or products to causes wholly beyond a similarly situated entity with similar or smaller contract volume, the Contractor‘s controlState shall receive an equivalent reduction in pricing for the services or products delivered to the State. Additionally, (2) in the volatility affects event the marketplace contractor offers additional shared savings to a similar situated entity with similar or industrysmaller contract volume, not just the particular Contract source of supply, (3) additional shared savings also shall be given to the effect on State. Unapproved pricing or availability of supply is substantialmarketed to Eligible Users may result in the default proceedings, and (4) the volatility so affects the Contractor that continued performance of shall be responsible for any reprocurement costs incurred by the Contract would result in a substantial lossCustomer.

Appears in 1 contract

Samples: www.dms.myflorida.com

Price Adjustments. Prices shall be firm against increase for 24 twelve (12) months from the original effective date of contractcontract and no more than one (1) time per calendar year. Requests After this period, requests for increase/increase or decrease may be submitted to the State if there has been, or is, a documented change increase in cost, with the State reserving the right to accept or reject requests request within thirty (30) days after receipt of request. Price increases increase or decrease may be requested by the Contractor either party one (1) time per year, on the contract anniversary date, (following the 24-month price freeze) year by using the Producer Price Index (PPI) for Industry: ―Data Management Other Commercial and StorageService Industry Machinery Manufacturers, Information Transformation Mailing, Letter handling and other Services‖addressing machines, except parts and attachments as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the PPI (Series ID PCU5182105182104PCU3333183333183A). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index (PPI) for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI IndexPPI. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is lessPPI. The price escalation/escalation / de-escalation formula will be tied to the change in the commodity for Data Management Other Commercial and StorageService Industry Machinery Manufacturers, Mailing, Letter handling, and addressing machines, except parts and attachments, PPI Series ID PCU5182105182104. The PCU3333183333183A.The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warrantedthe New Price. This formula applies after Year 2 1 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below will be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of the contract shall become effective no later than thirty (30) days after approval of the request. The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.:

Appears in 1 contract

Samples: www.dms.myflorida.com

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Price Adjustments. This is a thirty-six (36) month contract. OCA/Purchasing will monitor market conditions for the copier paper industry using market publications, trade journals and other pertinent sources relating to copier paper products, in particular, US Department of Labor—Bureau of Labor Statistics’ (BLS) Commodity Index data for “Pulp, Paper, and Allied Products”. The Contractor’s prices for the various paper items at the outset of the contract and each anniversary date thereafter will serve as the “benchmark” prices for the upcoming contract year. Contract Prices shall may not be firm against increase for 24 months from escalated after any one-year period by more than 3.0% above the original effective Contractor’s yearly benchmark price. There is no limit to the percentage that prices may be de- escalated over this three-year period. Contractor’s Prices may be increased after the first year anniversary date of the contract. Requests Approval of price increases for increasethis contract will be allowed subject to OCA/decrease may Purchasing’s review of properly documented mill price increases to the Contractor that are verified by both BLS and industry data. Any annual requests for price increases must be submitted in writing to the State if there has been, or is, Purchaser and must include official mill price information. This contract allows for decreases in the Contractor’s copier paper mill prices to be passed along to the City at any time during the term of this contract. Contractor will apprise the Purchaser of SPECIAL CONDITIONS any price decreases that the City is allowed as a documented change result of paper market pricing changes reported in cost, with the State reserving BLS Commodity Index. Thirty (30) days after the right to accept or reject requests within anniversary date of the first year of the contract and thirty (30) days after receipt of request. Price increases may be requested by the Contractor one (1) time per year, on the contract each subsequent anniversary date, (following the 24-month awarded contractor(s) shall provide the City with mill price freeze) by using documentation, indicating the Producer Price Index (PPI) for Industry: ―Data Management and Storage, Information Transformation and other Services‖, base price as published by of the U.S. Bureau date of Labor Statistics. The rate adjustments will be based on the PPI (Series ID PCU5182105182104). The Contractor may offer price reductions at any time award of this contract and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior most current adjustment to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how Failure to provide this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below will be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of the contract shall become effective no later than thirty (30) days after approval of the request. The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would may result in a substantial losscontract termination.

Appears in 1 contract

Samples: General Conditions

Price Adjustments. Prices for services described in the solicitation must be firm for a period of one year from date of contract award (excluding pass through costs imposed by other agencies). Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Current Employment Statistics (CES) for all employees, thousands, education and health services, seasonally adjusted (CES6500000001. The price will be increased or decreased based upon the annual percentage change in the CES. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the CES change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be firm against increase adjusted in accordance with the CES change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for 24 months from the original effective date of contractconsideration. Requests for increase/decrease may Request must be submitted in writing with supporting evidence for need of such increase to the State if there has beenPurchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also provide supporting documentation as justification for the request. Upon receipt of such request, or is, a documented change in cost, with the State reserving City of Xxxxxx reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject requests the increases within thirty (30) 30 calendar days after receipt of a properly submitted request. Price increases If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Xxxxxx written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre- price increase prices must be requested honored on orders dated up to the official date of the City of Xxxxxx approval and/or cancellation. The request can be sent by e-mail to: xxxxxxxxxx@xxxxxxxxxxxx.xxx noting the solicitation number. The City of Xxxxxx reserves the right to accept, reject, or negotiate the proposed price changes. Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Xxxxxx hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor one (1) time per yearor Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the contract anniversary date, (following face of the 24-month price freeze) by using the Producer Price Index (PPI) for Industry: ―Data Management and Storage, Information Transformation and other Services‖, as published by the U.S. Bureau of Labor Statistics. The rate adjustments contract/purchase order these written provisions will be based on the PPI (Series ID PCU5182105182104)take precedence. The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below will be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of agrees that the contract shall become effective no later than thirty (30) days after approval of be governed by the requestfollowing terms and conditions, unless exceptions are duly noted and fully negotiated. The Department may, in its sole discretion, make an equitable adjustment Unless otherwise specified in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplacecontract, that isSections 3, by circumstances that satisfy all of the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‘s control4, (2) the volatility affects the marketplace or industry5, not just the particular Contract source of supply6, (3) the effect on pricing or availability of supply is substantial7, 8, 20, 21, and (4) 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the volatility so affects the Contractor that continued performance of the Contract would result in a substantial lossCity’s premises or on public rights-of-way.

Appears in 1 contract

Samples: lfpubweb.cityofdenton.com

Price Adjustments. Prices shall be firm against increase CPI Adjustments On each annual anniversary date of OGS’s approval of the first contract award for 24 months from the original effective date of contract. Requests for increase/decrease may be submitted to the State if there has beenSolicitation, or is, a documented change in cost, with the State reserving the right to accept or reject requests within thirty (30) days after receipt of request. Price increases may be requested by the Contractor one (1) time per year, on may request a rate change for the contract anniversary date, (following Centralized Contract ‘Monthly Maintenance Fee’ and ‘Fire Service Testing Fee’ based upon fluctuations in the 24-month price freeze) by latest published copy of the Consumer Price Index for all urban consumers using the Producer Price Index (PPI) for Industry: ―Data Management ‘Services’ commodity and Storage, Information Transformation and other Services‖, service group as published by the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. If a Contractor is delinquent with their Administrative Reporting, OGS Procurement Services will not approve a request for a Price Adjustment. • The rate adjustments will be based on index is also available through the PPI (Series ID PCU5182105182104). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI Index. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is less. The price escalation/de-escalation formula will be tied to the change in the commodity for Data Management and Storage, PPI Series ID PCU5182105182104. The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warranted. This formula applies after Year 2 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically performed can be found Internet at the Bureau of Labor Statistics web site and following the below steps: at xxxx://xxxxx.xxx.xxx/. Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ “Subjects” > “Inflation and Prices Overview” > “Consumer Price Index” > “CPI Tables” and then refer to “Table Containing History of CPI-U U.S. All Items Indexes and Annual Percent Changes From 1913 to Present is now available in the ―Select an Industry‖ box and click CPI Detailed Report as Table 24”. Similarly, on each annual anniversary date of the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ Contract Award for ―Data Management and Storagea Mini-bid Agreement, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar Contractor may request a rate change to the one shown below Mini-bid Agreement ‘Monthly Maintenance Fee’ and ‘Fire Service Testing Fee’ using the same methodology. Adjustments made to Centralized Contract will not impact pricing on an established Mini-bid Agreement. Such adjustments must be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided requested by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded Contractor to the four decimal points)Authorized User and shall not exceed the prices authorized under the Centralized Contract. Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded In addition, the Contractor may reduce fees or markup rates at any time, by submitting a request to two decimal points)OGS Procurement Services and/or the Authorized User. Calculation: 104.3 ÷ 105.5 = .9886 (which equates To request a price adjustment, the Contractor shall submit a written and signed request, on company letterhead, to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term OGs employee assigned to the Contract within 90 days of the applicable anniversary date. Upon receipt of the request, OGS will calculate the CPI adjustment and make the appropriate changes to the contract shall become effective no later than thirty pricing. The Contractor is solely responsible for notifying OGS Procurement Services that the Contractor wishes to receive the CPI rate change. Should the Contractor fail to make a request to OGS Procurement Services or the Authorized User within ninety (3090) days after approval of the request. The Department mayapplicable anniversary date, the Contractor shall be deemed to have waived its right to any increase in its sole discretionprice for that year, make an equitable but the State or Authorized User shall not be barred from making the appropriate adjustment in the Contract terms and/or pricing if pricing or availability case of supply is affected a decrease determined in accordance with the above methodology. Price adjustments using the CPI involve changing the base payment by extreme and unforeseen volatility the percent change in the marketplace, that is, by circumstances that satisfy all level of the following criteriaCPI for the current year compared to the previous year. This is calculated by first determining the index point change between the two readings and then the percent change. The price adjustment shall be calculated as follows: Take the CPI value for the 3rd month prior to the current anniversary date and subtract the CPI value for the 3rd month prior to the previous anniversary date (115 months prior to the current anniversary date) [e.g.: If OGS approved the volatility is due to causes wholly beyond first contract award in December, take the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance September CPI value of the current year and subtract the September CPI value of the previous year]. That sum is then divided by the previous period CPI value and this result is then multiplied by 100 to equal the percent change which is the price adjustment value. This percentage change (increase or decrease) shall be applied to the next Contract would result in year, upon release of a substantial lossContract Addendum from OGS Procurement Services. The following example illustrates the computation of percent change for a hypothetical April 2004 anniversary calculation: CPI FOR CURRENT PERIOD (JANUARY 2004) 185.2 LESS CPI FOR PREVIOUS PERIOD (JANUARY 2003) 181.7 EQUALS INDEX POINT CHANGE 3.5 DIVIDED BY PREVIOUS PERIOD CPI 181.7 EQUALS 0.0192 RESULT MULTIPLIED BY 100 0.019 X 100 EQUALS PERCENT CHANGE 1.9% .

Appears in 1 contract

Samples: Agreement

Price Adjustments. Prices shall be firm against increase for 24 twelve (12) months from the original effective date of contractcontract and no more than one (1) time per calendar year. Requests After this period, requests for increase/increase or decrease may be submitted to the State if there has been, or is, a documented change increase in cost, with the State reserving the right to accept or reject requests request within thirty (30) days after receipt of request. Price increases increase or decrease may be requested by the Contractor either party one (1) time per year, on the contract anniversary date, (following the 24-month price freeze) year by using the Producer Price Index (PPI) for Industry: ―Data Management Other Commercial and StorageService Industry Machinery Manufacturers, Information Transformation Mailing, Letter handling and other Services‖addressing machines, except parts and attachments as published by the U.S. Bureau of Labor Statistics. The rate adjustments will be based on the PPI (Series ID PCU5182105182104PCU3333183333183A). The Contractor may offer price reductions at any time and the State may request a reduction in price any time the PPI shows de-escalation in costs. The last published non-preliminary Producer Price Index (PPI) for the month prior to the award/anniversary date of the contract will be the reference date for the beginning (old) PPI IndexPPI. The most recent published Producer Price Index prior to the contract year to be priced will establish the reference data for the New PPI Index. All requests for price adjustments must be substantiated by manufacturer's certification of cost or other documentation and approved by the State of Florida‘ Contract Administrator prior to implementation. There can only be one rate increase adjustment per twelve (12) month period and the maximum net rate percentage increase per twelve (12) month period shall not exceed the PPI allowable amount or 3%, whichever is lessPPI. The price escalation/escalation / de-escalation formula will be tied to the change in the commodity for Data Management Other Commercial and StorageService Industry Machinery Manufacturers, Mailing, Letter handling, and addressing machines, except parts and attachments, PPI Series ID PCU5182105182104. The PCU3333183333183A.The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify the Price Escalation Rate. The Old Price is multiplied by the Price De-escalation/Escalation Rate to determine if a price reduction or increase is warrantedthe New Price. This formula applies after Year 2 1 of the contract and on each subsequent anniversary of the contract effective date. Details on how this PPI has historically AMENDMENT NO.: 3 Mail Processing Equipment State Term Contract No.: 600-760-11-1 performed can be found at the Bureau of Labor Statistics web site and following the below steps: Go to BLS website: xxxx://xxx.xxx.xxx/ppi/#data Click on the PPI Databases link Select ―Industry Data (one screen)‖ Box 1 - Type ―518210‖ in the ―Select an Industry‖ box and click the adjacent ―Find‖ button. Box 2 - Select ―5182105182104‖ for ―Data Management and Storage, Information Transformation and other Services‖ in the ―Select One or More Products‖ box and click the ―Get Data‖ button (Box 3). A table similar to the one shown below will be created. Series Id: PCU5182105182104 Industry: Data processing and related services Product: Data management and storage, information transformation and other services Base Date: 200012 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2000 100.0 2001 100.9 100.9 99.5 100.4 100.7 100.6 100.3 100.8 101.0 100.6 100.9 100.8 100.6 2002 102.3 103.0 101.8 103.0 102.9 102.9 102.9 103.3 102.7 102.4 102.4 103.0 102.7 2003 102.7 104.6 103.3 103.9 104.2 104.1 103.6 104.3 102.6 103.1 103.1 103.1 103.6 2004 103.1 105.3 104.8 104.8 104.8 104.8 104.8 104.8 105.0 104.2 104.2 104.2 104.6 2005 104.2 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 104.8 2006 104.8 104.8 104.8 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 104.9 2007 105.4 105.4 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.5 2008 105.5 105.5 105.5 105.5 105.5 105.5 105.5 105.4 105.9 105.9 106.1 106.1 105.7 2009 104.3 104.3 104.3 104.4 104.5 104.4 104.4 104.4 104.5(P) 104.2(P) 104.3(P) 104.3(P) 104.4(P) P : Preliminary. All indexes are subject to revision four months after original publication. Example: Index at one year anniversary 104.3 Divided by index at time base price was set 105.5 Equals (De-Escalation Rate) 0.9886 To determine the new discount percent: New PPI / Old PPI = Price Escalation/De-escalation Rate (rounded to the four decimal points). Then take Old Price Discount % / Price Escalation/De-escalation Rate = New Price Discount % (rounded to two decimal points). Calculation: 104.3 ÷ 105.5 = .9886 (which equates to a Price De-escalation Rate of 99%) 25% ÷ 99.00% = 25.25% (New Price Discount Percent) Any increases/decreases approved during the term of the contract shall become effective no later than thirty (30) days after approval of the request. The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all of the following criteria: (1) the volatility is due to causes wholly beyond the Contractor‘s control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss.:

Appears in 1 contract

Samples: www.dms.myflorida.com

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