Common use of Prices and Price Changes Clause in Contracts

Prices and Price Changes. (a) Company agrees to provide its products at prices no higher than those submitted here, in any resulting UF BPA for at least one calendar year following the date of that UF BPA. However, during the time period that the UF BPA is in effect, Company may offer price decreases at any time for at least one year duration. (b) The price per unit of measure for a given dosage form and strength (each, gram, mL, etc.) of the pharmaceutical agent will be the same for all available package sizes (e.g., 30s, 100s, 1000s) within a given dispensing venue. Quotes must include all National Drug Codes (NDCs) available for purchase by the Government and on the Company’s FSS Interim Agreement for quoted form and strength. Company requests for exception to the same price per unit of measure across package sizes must be submitted in writing to the Contracting Officer not less than 14 calendar days prior to the quote due date. It is within the Government’s sole discretion to grant an exception. The Contracting Officer may be contacted using the address in Paragraph 11. If an exception is granted by the Government, the DoD P&T Committee’s relative cost evaluation for that dosage form and strength will use the price per unit of measure from the package size with the highest price per unit of measure. Company requests to exclude institutional or Hospital Unit Dose packaged NDCs must be submitted in writing to the Contracting Officer not less than 14 calendar days prior to the quote due date. The Contracting Officer may be contacted using the address in Paragraph 11. The Government’s decision on exclusion of institutional or Hospital Unit Dose packaged NDCs or exception(s) to the same price per unit of measure across package sizes will be provided to the Company no more than seven calendar days after receipt of the request. The Government decision is final and not subject to appeal. (c) If after one calendar year following the date of this UF BPA, and no more frequently than annually thereafter, and there has been an increase in the price reflected on Company’s FSS contract/Interim Agreement, the Company may request to increase its price under the UF BPA. However, in no event shall a price increase exceed the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers, current series, as published by the Bureau of Labor statistics, U.S. Department of Labor, for Prescription Drugs and Medical Supplies over the time period elapsed since the UF BPA price was last set. Company shall notify the Contracting Officer in advance if Company desires a CPI price increase. The CPI price increase and effective date will be incorporated via a modification to this agreement by mutual agreement of the parties. (d) If during the life of the UF BPA, the FSS or Big 4 prices, including TPRs, become lower than the UF BPA prices, DoD reserves the right to order at those prices. The Company agrees the Contracting Officer may unilaterally terminate the UF BPA if the FSS or Big 4 prices become lower than the UF BPA prices, including TPRs, unless the parties agree to decrease the UF BPA prices. (e) When a new NDC-11 for the same drug, such as a line extension, is added to the Company’s FSS, DoD may consider adding the new NDC-11 to the UF BPA on the condition that the Company offers it at no more than the current BPA price.

Prices and Price Changes. (a) Company agrees to provide its products at prices no higher than those submitted here, in any resulting UF BPA UFBPA for at least one calendar year following the date of that UF BPAUFBPA. However, during the time period that the UF BPA UFBPA is in effect, Company may offer price decreases at any time for at least one year any duration. (b) The price per dosage form unit of measure for a given dosage form and strength (each, gram, mL, etc.) of the pharmaceutical agent will be the same for all available package sizes (e.g., 30s, 100s, 1000s) within a given dispensing venue. Quotes must include all National Drug Codes (NDCs) available for purchase by the Government and on the Company’s FSS Interim Agreement contract for quoted form and strength. Company requests for exception to the same price per dosage form unit of measure across package sizes must be submitted in writing to the Contracting Officer not less than 14 calendar days prior to the quote due date. It is within the Government’s sole discretion to grant an exception. The Contracting Officer may be contacted using the address in Paragraph 11. If an exception is granted by the Government, the DoD P&T Committee’s relative cost evaluation for that dosage form and strength will use the price per dosage form unit of measure from the package size with the highest price per unit of measuredosage form unit. Company requests to exclude institutional or Hospital Unit Dose packaged NDCs must be submitted in writing to the Contracting Officer not less than 14 calendar days prior to the quote due date. The Contracting Officer may be contacted using the address in Paragraph 11. The Government’s decision on exclusion of institutional or Hospital Unit Dose packaged NDCs or exception(s) to the same price per dosage form unit of measure across package sizes will be provided to the Company no more than seven calendar days after receipt of the request. The Government decision is final and not subject to appeal. (c) If after one calendar year following the date of this UF BPAUFBPA, and no more frequently than annually thereafter, and there has been an increase in the price Federal Ceiling Price reflected on Company’s FSS contract/Interim Agreement, the Company may request to increase its price under the UF BPAUFBPA. However, in no event shall a price increase exceed the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers, current series, as published by the Bureau of Labor statistics, U.S. Department of Labor, for Prescription Drugs and Medical Supplies over the time period elapsed since the UF BPA UFBPA price was last set. The Company shall notify the Contracting Officer in advance if the Company desires a CPI price increase. The CPI price increase and effective date will be incorporated via a modification to this agreement by mutual agreement of the parties. (d) If during the life of the UF BPAUFBPA, the FSS or Big 4 prices, including TPRs, become lower than the UF BPA UFBPA prices, DoD reserves the right to order at those prices. The Company agrees the Contracting Officer may unilaterally terminate the UF BPA UFBPA if the FSS or Big 4 prices become lower than the UF BPA UFBPA prices, including TPRs, unless the parties agree to decrease the UF BPA UFBPA prices. (e) When a new NDC-11 for the same drug, such as a line extension, is added to the Company’s FSS, DoD may consider adding the new NDC-11 to the UF BPA on the condition that the Company offers it at no more than the current BPA price.

Prices and Price Changes. (a) Company agrees to hold its UF BPA price quote for 180 days. Company agrees to provide its products at prices no higher than those submitted here, in any resulting UF BPA for at least one calendar year following the effective date of that UF BPA. However, during the time period that the UF BPA is in effect, Company may offer price decreases at any time for at least one year any duration. (b) The price per dosage form unit of measure for a given dosage form and strength (each, gram, mL, etc.) of the pharmaceutical agent will be the same for all available package sizes (e.g., 30s, 100s, 1000s) within a given dispensing venue. Quotes must include all National Drug Codes (NDCs) NDCs available for purchase by the Government and on the Company’s FSS Interim Agreement contract for quoted form and strength. Company requests for exception to the same price per dosage form unit of measure across package sizes must be submitted in writing to the Contracting Officer not less than 14 calendar days prior to the quote due date. It is within the Government’s sole discretion to grant an exception. The Contracting Officer may be contacted using the address in Paragraph 11. If an exception is granted by the Government, the DoD P&T Committee’s relative cost evaluation for that dosage form and strength will use the price per dosage form unit of measure from the package size with the highest price per unit of measuredosage form unit. Company requests to exclude institutional or Hospital hospital Unit Dose packaged NDCs must be submitted in writing to the Contracting Officer not less than 14 calendar days prior to the quote due date. The Contracting Officer may be contacted using the address in Paragraph 11. The Government’s Government decision on exclusion of institutional or Hospital hospital Unit Dose packaged NDCs or exception(s) to the same price per dosage form unit of measure across package sizes will be provided to the Company no more than seven calendar days after receipt of the request. The Government decision is final and not subject to appeal. (c) If after one calendar year following the effective date of this any UF BPA, and no more frequently than annually thereafter, and there has been an increase in the price FCP reflected on Company’s FSS contract/Interim Agreement, the Company may request to increase its price under the UF BPA. However, in no event shall a price increase exceed the percentage increase in price change reflected by the Consumer Price Index (CPI) for All Urban Consumers, current seriesCurrent Series, as published by the Bureau of Labor statistics, U.S. Department of Labor, for Prescription Drugs and Medical Supplies over the time period elapsed since the UF BPA price was last set. Company shall notify the Contracting Officer in advance if Company desires a CPI price increase. The CPI price increase and effective date will be incorporated via a modification to this agreement by mutual agreement of the partiesSupplies, Series ID CUUR0000SEMA. (d) If during the life of the UF BPA, the FSS or Big 4 prices, including TPRs, become lower than the UF BPA prices, DoD reserves the right to order at those prices. The Company agrees the Contracting Officer may unilaterally terminate the UF BPA if the FSS or Big 4 prices become lower than the UF BPA prices, including TPRs, unless the parties agree to decrease the UF BPA prices. (e) When a new NDC-11 for the same drug, such as a line extension, is added to the Company’s FSS, DoD may consider adding the new NDC-11 to the UF BPA on the condition that the Company offers it at no more than the current BPA price.