Common use of Price Fixing Clause in Contracts

Price Fixing. 14.1 Offers for sole source procurement, changes, modifications, and claims in excess of € 500,000 shall be priced in accordance with this provision and the Purchaser's Pricing Principles as set out in Appendix 1 to this provision, or the National Government Pricing Rules and Regulations for NFP Organisation’s own country where in force. 14.1.1 For the purposes of verifying that cost or pricing data submitted in conjunction with paragraphs 14.1 above are accurate, complete and current, the Purchaser shall, until the expiration of 3 (three) years from the date of final payment of all sums due under the Agreement, have the right of access to Company's facilities to examine those books, records, documents and other supporting data which will permit adequate evaluation and verification of the cost or pricing data submitted along with the computations and projections used therein which were available to Company as of the date of Company's price proposal. 14.2 Price Reduction for Defective Cost or Pricing Data. 14.2.1 If any price, including profit or fee, negotiated in connection with this Agreement or any cost reimbursable under this Agreement was increased by any significant sums because: 14.2.1.1 NFP Organisation furnished cost or pricing data which was not complete, accurate and current as certified in NFP Organisation’s Certificate of Current Cost or Pricing Data provided in accordance with paragraph 11.6 above. 14.2.2 Then the price or cost shall be reduced accordingly and the Order shall be modified in writing as may be necessary to reflect such reductions. 14.3 Certificate of Current Cost or Pricing Data. 14.3.1 At the time of negotiating any price, including profit or fee, NFP Organisation shall be required to submit a Certificate of Current Cost or Pricing Data as required by Exibit A 14.3.2 Such Certificate will certify that, to the best of NFP Organisation’s knowledge and belief, cost or pricing data submitted to the Purchaser in support of any proposal for a price, price adjustment or claim, are accurate, complete and current, as per the completion of the negotiations or, in the case of a claim, as per the submission date of the claim.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

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Price Fixing. 14.1 ‌ 20.1 Offers for sole source procurement, changes, modifications, and claims in excess of € of‌ €500,000 (EUR Five Hundred Thousand) shall be priced in accordance with this provision and the Purchaser's Pricing Principles as set out in Appendix 1 to this provision, or the National Government Pricing Rules and Regulations for NFP OrganisationCompany’s own country where in force. 14.1.1 20.1.1 For the purposes of verifying that cost or pricing data submitted in conjunction with paragraphs 14.1 paragraph 20.1 above are accurate, complete and current, the Purchaser shall, until the expiration of 3 (three) years from the date of final payment of all sums due under the Agreement, have the right of access to the Company's ’s facilities to examine those books, records, documents and other supporting data which will data. This may permit adequate evaluation and verification of the cost or pricing data submitted along with the computations and projections used therein which were available to the Company as of the date of the Company's ’s price proposal. 14.2 20.2 Price Reduction for Defective Cost or Pricing Data. 14.2.1 20.2.1 If any price, including profit or fee, negotiated in connection with this Agreement or any cost reimbursable under this Agreement was increased by any significant sums because: 14.2.1.1 NFP Organisation 20.2.1.1 Company furnished cost or pricing data which that was not complete, accurate and current as certified in NFP OrganisationCompany’s Certificate of Current Cost or Pricing Data provided in accordance with paragraph 11.6 above20.1. 14.2.2 20.2.2 Then the price or cost shall be reduced accordingly and the Order shall be modified in writing as may be necessary to reflect such reductions. 14.3 20.3 Certificate of Current Cost or Pricing Data. 14.3.1 20.3.1 At the time of negotiating any price, including profit or fee, NFP Organisation Company shall be required to submit a Certificate of Current Cost or Pricing Data as required by Exibit A 14.3.2 paragraph 20.3.3 below. 20.3.2 Such Certificate will certify that, to the best of NFP Organisationthe Company’s knowledge and belief, cost or pricing data submitted to the Purchaser in support of any proposal for a price, price adjustment or claim, are accurate, complete and current, as per the completion of the negotiations or, in the case of a claim, as per the submission date of the claim. 20.3.3 All such certificates shall be in the format shown below and shall be dated and signed by a responsible officer of the Company. It is the Company’s responsibility to ensure a responsible officer is designated.‌ CERTIFICATE OF CURRENT COST OR PRICING DATA This is to certify that, to the best of my knowledge and belief, cost or pricing data as submitted, either actually or by specific identification in writing to the Purchaser or their representative in support of are accurate, complete and current as of . Day/ month/ year Firm Name Title Date of Execution

Appears in 1 contract

Samples: Basic Ordering Agreement

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Price Fixing. 14.1 ‌ 20.1 Offers for sole source procurement, changes, modifications, and claims in excess of € of‌ €500,000 (EUR Five Hundred Thousand) shall be priced in accordance with this provision and the Purchaser's Pricing Principles as set out in Appendix 1 to this provision, or the National Government Pricing Rules and Regulations for NFP Organisation’s “Company’s” own country where in force. 14.1.1 20.1.1 For the purposes of verifying that cost or pricing data submitted in conjunction with paragraphs 14.1 paragraph 20.1 above are accurate, complete and current, the Purchaser shall, until the expiration of 3 (three) years from the date of final payment of all sums due under the Agreement, have the right of access to the “Company's ’s” facilities to examine those books, records, documents and other supporting data which will data. This may permit adequate evaluation and verification of the cost or pricing data submitted along with the computations and projections used therein which were available to Company the “Company” as of the date of the “Company's ’s” price proposal. 14.2 20.2 Price Reduction for Defective Cost or Pricing Data. 14.2.1 20.2.1 If any price, including profit or fee, negotiated in connection with this Agreement or any cost reimbursable under this Agreement was increased by any significant sums because: 14.2.1.1 NFP Organisation 20.2.1.1 “Company” furnished cost or pricing data which that was not complete, accurate and current as certified in NFP Organisation’s “Company’s” Certificate of Current Cost or Pricing Data provided in accordance with paragraph 11.6 above20.1. 14.2.2 20.2.2 Then the price or cost shall be reduced accordingly and the Order shall be modified in writing as may be necessary to reflect such reductions. 14.3 20.3 Certificate of Current Cost or Pricing Data. 14.3.1 20.3.1 At the time of negotiating any price, including profit or fee, NFP Organisation “Company” shall be required to submit a Certificate of Current Cost or Pricing Data as required by Exibit A 14.3.2 paragraph 20.3.3 below. 20.3.2 Such Certificate will certify that, to the best of NFP Organisation’s the “Company’s” knowledge and belief, cost or pricing data submitted to the Purchaser in support of any proposal for a price, price adjustment or claim, are accurate, complete and current, as per the completion of the negotiations or, in the case of a claim, as per the submission date of the claim. 20.3.3 All such certificates shall be in the format shown below and shall be dated and signed by a responsible officer of the “Company”. It is the “Company’s” responsibility to ensure a responsible officer is designated.‌ CERTIFICATE OF CURRENT COST OR PRICING DATA This is to certify that, to the best of my knowledge and belief, cost or pricing data as submitted, either actually or by specific identification in writing to the Purchaser or their representative in support of are accurate, complete and current as of . Day/ month/ year Firm Name Title Date of Execution

Appears in 1 contract

Samples: Basic Ordering Agreement

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