Common use of TEMPORARY PRICE ADJUSTMENT Clause in Contracts

TEMPORARY PRICE ADJUSTMENT. (INCREASE). Notwithstanding any provision to the contrary, Enterprise Services may review, evaluate, and, as appropriate in its sole determination, implement temporary price adjustments (increase) to some or all Contract prices for Goods and/or Services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Contract’s applicable economic price adjustment provision, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or Services; (b) The unforeseen costs must be beyond the Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen costs are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services equitably aligns Contract prices for impacted Goods and/or Services with the Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract; (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services to other non-affiliated customers outside of the Contract based on the unforeseen costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Services; (g) Enterprise Services, acting in good faith, shall have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increase; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any temporary price adjustment decrease; (i) Any temporary price adjustment shall be temporary and shall include a time period l not to exceed 180 days; Provided, however, that, if unexpected macroeconomic conditions warrant, Contractor may request a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment request); and (j) Unless and until Enterprise Services approves a temporary price adjustment in writing and administratively posts the approval and adjusted Contract prices to Enterprise Services’ contract portal, Contractor shall not adjust Contract prices.

Appears in 6 contracts

Samples: Washington Statewide Contract, Washington Statewide Contract, Washington Statewide Contract

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TEMPORARY PRICE ADJUSTMENT. (INCREASE)The Master Contract is amended to add the following provision: TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, beginning July 1, 2022, Enterprise Services may will review, evaluateevaluate monthly, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request Such price adjustments are based off of a third-party index, such temporary price adjustment in writing and set forth as the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or Services;NYSE American Steel Index Price (NYSE: STEEL) (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services equitably aligns Contract prices for impacted Goods and/or Services with the Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract; (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services to other non-affiliated customers outside of the Contract based on the unforeseen costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Services; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (he) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (jf) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 5 contracts

Samples: Contract No. 03220 Variable Message Boards, Contract No. 03220 Variable Message Boards, Contract No. 03220 Variable Message Boards

TEMPORARY PRICE ADJUSTMENT. (INCREASE)The Master Contract is amended to add the following provision: TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, beginning May 9, 2022, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 2 contracts

Samples: Contract No. 02917 Vegetation Management, Contract No. 02917 Vegetation Management

TEMPORARY PRICE ADJUSTMENT. (INCREASE)Prices are hereby amended to reflect an 8% temporary price adjustment, subject to being rescinded on January 31, 2022. The Master Contract is amended to add the following provisions: Notwithstanding any provision to the contrary, beginning July 15, 2021, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.. MASTER CONTRACT NO. 05918- AMENDMENT NO. 1 Page 2 (Rev. 2021-05-27)

Appears in 2 contracts

Samples: Master Contract, Master Contract

TEMPORARY PRICE ADJUSTMENT. (INCREASE)The Master Contract is amended to add the following provision: TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, beginning July 08, 2022, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 2 contracts

Samples: Vendor Management Fee Increase Amendment, Vendor Management Fee Increase Amendment

TEMPORARY PRICE ADJUSTMENT. (INCREASETPA). Temporary Price Adjustments may be requested during economically sensitive supply chain disruptions. a) Notwithstanding any provision to the contrary, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Statewide Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Statewide Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (ab) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesStatewide Contract goods/services; (bc) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (cd) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Statewide Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Statewide Contract; (de) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Statewide Contract prices for impacted Goods and/or Services goods/services with the Statewide Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (ef) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Statewide Contract based on the unforeseen unexpected costs identified to Enterprise Services; (fg) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Statewide Contract goods/services have unexpectedly decreased; (gh) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (hi) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (j) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Statewide Contract prices.

Appears in 2 contracts

Samples: Statewide Contract, Statewide Contract

TEMPORARY PRICE ADJUSTMENT. (INCREASE)The Master Contract is amended to add the following provision: TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, beginning October 13th, 2021, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 2 contracts

Samples: Vendor Management Fee Increase Amendment, Vendor Management Fee Increase Amendment

TEMPORARY PRICE ADJUSTMENT. (INCREASE)The Master Contract is amended to add the following provision: TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, beginning October 12th, 2021, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 1 contract

Samples: Vendor Management Fee Increase Amendment

TEMPORARY PRICE ADJUSTMENT. (INCREASE)The Master Contract is amended to add the following provision: TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, beginning date of signature, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.. MASTER CONTRACT NO. 05916 - AMENDMENT NO. 4 Page 2 (Rev. 2022-04-19)

Appears in 1 contract

Samples: Vendor Management Fee Increase Amendment

TEMPORARY PRICE ADJUSTMENT. (INCREASE). Notwithstanding any provision to the contrary, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decreasewill be temporary and will include a stated period that will not exceed 180 days (Contractor, if circumstances warrant, may seek a subsequent temporary price adjustment); (i) Any temporary price adjustment Temporary Price Adjustments shall operate outside the amendment process. The power to approve, rescind, reapprove, and adjust prices shall be temporary done in writing via email between the State’s approved DES designee and shall include a time period l not to exceed 180 days; Provided, however, that, if unexpected macroeconomic conditions warrant, Contractor may request a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment request)Contractor; and (j) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 1 contract

Samples: Contract for Ammunition

TEMPORARY PRICE ADJUSTMENT. (INCREASE). Notwithstanding any provision to the contrary, Enterprise Services may review, evaluate, and, as appropriate in its sole determination, implement temporary price adjustments (increase) to some or all Contract prices for Goods and/or Services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Contract’s applicable economic price adjustment provision, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or Services; (b) The unforeseen costs must be beyond the Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen costs are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services equitably aligns Contract prices for impacted Goods and/or Services with the Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract; (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services to other non-affiliated customers outside of the Contract based on the unforeseen costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Services; (g) Enterprise Services, acting in good faith, shall have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increase; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any temporary price adjustment decrease; (i) Any temporary price adjustment shall be temporary and shall include a time period l not to exceed 180 days; Provided, however, that, if unexpected macroeconomic conditions warrant, Contractor may request a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment request); and (j) Unless and until Enterprise Services approves a temporary price adjustment in writing and administratively posts the approval and adjusted Contract prices to Enterprise Services’ contract portal, Contractor shall not adjust Contract prices.

Appears in 1 contract

Samples: Washington Statewide Contract

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TEMPORARY PRICE ADJUSTMENT. (INCREASE)Prices are hereby amended to reflect an 8% temporary price adjustment, subject to being rescinded on January 31, 2022. The Master Contract is amended to add the following provisions: Notwithstanding any provision to the contrary, beginning July 15, 2021, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 1 contract

Samples: Master Contract Amendment

TEMPORARY PRICE ADJUSTMENT. (INCREASE)The Master Contract is amended to add the following provision: TEMPORARY PRICE ADJUSTMENT. Notwithstanding any provision to the contrary, beginning date of signature, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (ji) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices. (j) This temporary price adjustment allows Contractors to apply temporary price adjustments/increases to individual CARS orders. The pricing on Master Contract 05916 will not be increased in its entirety, but only if deemed necessary to complete an individual/specific CARS order and must be first approved by Purchaser before acceptance. Purchasers must evaluate the revised pricing from Contractor, and may cancel their orders without penalty if the revised pricing is not in their best interest. Once price adjustments are approved by the Purchaser, Contractors will then revise their CARS order by adding a line-item option which includes details of items affected by this price increase.

Appears in 1 contract

Samples: Master Contract

TEMPORARY PRICE ADJUSTMENT. (INCREASE). Notwithstanding any provision to the contrary, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s 's applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s 's specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor’s reasonable control, and must be impacting the broader Contractor's industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by CONTRACT No. O2616-AMENDMENT No. 5 03-01-2022 Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s 's allocation of risk/return (e.g., Contractor’s 's margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services 's goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor's Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decreasewill be temporary and will include a stated period that will not exceed 180 days (Contractor, if circumstances warrant, may seek a subsequent temporary price adjustment); (i) Any temporary price adjustment Temporary Price Adjustments shall operate outside the amendment process. The power to approve, rescind, reapprove, and adjust prices shall be temporary done in writing via email between the State's approved DES designee and shall include a time period l not to exceed 180 days; Provided, however, that, if unexpected macroeconomic conditions warrant, Contractor may request a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment request)Contractor; and (j) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 1 contract

Samples: Contract Amendment

TEMPORARY PRICE ADJUSTMENT. (INCREASETPA). Temporary Price Adjustments may be requested during economically sensitive supply chain disruptions. a) Notwithstanding any provision to the contrary, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (ab) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (bc) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (cd) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (de) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (ef) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (fg) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (gh) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (hi) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decrease; (i) Any temporary price adjustment shall will be temporary and shall will include a time stated period l that will not to exceed 180 days; Provided, however, thatdays (Contractor, if unexpected macroeconomic conditions circumstances warrant, Contractor may request seek a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment requestadjustment); and (j) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 1 contract

Samples: Master Contract

TEMPORARY PRICE ADJUSTMENT. (INCREASE). Notwithstanding any provision to the contrary, Enterprise Services may review, evaluate, and, as appropriate in its sole determination, implement temporary price adjustments (increase) to some or all Contract prices for Goods and/or Services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Contract’s applicable economic price adjustment provision, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or Services; (b) The unforeseen costs must be beyond the Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen costs are impacting only Contractor and not its competitors, there will be no temporary price adjustment); (c) The unforeseen costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services equitably aligns Contract prices for impacted Goods and/or Services with the Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract; (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services to other non-affiliated non‐affiliated customers outside of the Contract based on the unforeseen costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Services; (g) Enterprise Services, acting in good faith, shall have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increase; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any temporary price adjustment decrease; (i) Any temporary price adjustment shall be temporary and shall include a time period l not to exceed 180 days; Provided, however, that, if unexpected macroeconomic conditions warrant, Contractor may request a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment request); and (j) Unless and until Enterprise Services approves a temporary price adjustment in writing and administratively posts the approval and adjusted Contract prices to Enterprise Services’ contract portal, Contractor shall not adjust Contract prices.

Appears in 1 contract

Samples: Washington Statewide Contract

TEMPORARY PRICE ADJUSTMENT. (INCREASE). Notwithstanding any provision to the contrary, upon written request by Contractor, Enterprise Services may will review, evaluate, and, as appropriate in its sole determination, implement approve temporary price adjustments (increase) pertaining to some or all Master Contract prices for Goods and/or Services goods/services impacted by unexpected macroeconomic conditions that create unforeseen costs that are beyond the Master Contract’s applicable economic price adjustment provisionprocedures, if any; Provided, however, that: (a) Contractor must request such temporary price adjustment in writing and set forth the unexpected macroeconomic conditions that create unforeseen costs that are adversely impacting Contractor’s specific Goods and/or ServicesMaster Contract goods/services; (b) The unforeseen unexpected costs must be unanticipated, beyond the reasonable control of Contractor, and impacting Contractor’s reasonable control, and must be impacting the broader industry/market segment (if the unforeseen unexpected costs only are impacting only Contractor and not its competitors, there will be no temporary price adjustment);; Contract No. 02616- Amendment No. 6 02-01-2022 (c) The unforeseen unexpected costs must not be part of any other price adjustment (e.g., a PPI inflation adjustment) allowed or provided by the Master Contract and, if granted by Enterprise Services, the impact of any temporary price adjustment will be considered by Enterprise Services and factored into any other price adjustments as allowed or provided by the Master Contract; (d) Contractor must propose to Enterprise Services a reasonable, temporary price adjustment that, based on a material input percentage basis (or similar appropriate metric) for the Goods and/or Services goods/services equitably aligns Master Contract prices for impacted Goods and/or Services goods/services with the Master Contract’s allocation of risk/return (e.g., Contractor’s margin) as of the effective date of the Contract); (e) Contractor must document to Enterprise Services that Contractor already has implemented equivalent or greater price adjustments for Contractor’s Goods and/or Services goods/services to other non-affiliated customers outside of the Master Contract based on the unforeseen unexpected costs identified to Enterprise Services; (f) Contractor, acting in good faith, also must evaluate and, as appropriate, propose temporary price adjustments downward if Contractor experiences unforeseen decreased costs pertaining to the Goods and/or Servicesfor Contractor’s Master Contract goods/services have unexpectedly decreased; (g) Enterprise Services, acting in good faith, shall will have sole discretion to approve the scope, amount, and duration of any temporary price adjustment increaseadjustment; (h) Enterprise Services and Contractor, acting in good faith, shall collaborate to design and implement the scope, amount, and duration of any Any such temporary price adjustment decreasewill be temporary and will include a stated period that will not exceed 180 days (Contractor, if circumstances warrant, may seek a subsequent temporary price adjustment); (i) Any temporary price adjustment Temporary Price Adjustments shall operate outside the amendment process. The power to approve, rescind, reapprove, and adjust prices shall be temporary done in writing via email between the State’s approved DES designee and shall include a time period l not to exceed 180 days; Provided, however, that, if unexpected macroeconomic conditions warrant, Contractor may request a subsequent temporary price adjustment in the same manner as any initial temporary price adjustment request)Contractor; and (j) Unless and until Enterprise Services approves a temporary price adjustment is approved in writing and administratively posts the approval and adjusted Contract prices to by Enterprise Services’ contract portal, Contractor shall will not adjust Master Contract prices.

Appears in 1 contract

Samples: Contract No. 02616

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