Spec 2000 - DIVISION I, from 1101 thru 1911 by FHA



        Compensation for Increased or Decreased Quantities
     Whenever the Specifications either preclude or provide for price
adjustments in the event of increased or decreased quantities of Contract
items, those provisions will prevail and the payment provided will be
accepted by the Contractor as compensation in full for the increased or
decreased quantities.
     When the Specifications do not preclude or provide for price
adjustments and the accepted quantity of any Contract item varies from
the quantity in the bid schedule by more than the percentage specified
below, either party to the Contract may request an adjustment in the
compensation for that item. The request shall be made in writing and
shall be accompanied by evidence supporting the claim. Any
adjustments made will be as set forth in a Supplemental Agreement and
will be in accordance with the following limitations.
A            Under-run
If the final quantity of any Contract item is less than 75 percent of the
quantity in the bid schedule, the basis of payment for that Item may be
revised to the extent that the evidence justifies an increase in the fixed
expenses chargeable to that Item. In no case will costs incurred prior
to the award of the Contract, nor loss of profits be considered as part of
these fixed costs. The total payment for the decreased quantity will not
exceed that which would be made for 75 percent of the quantity in the
bid schedule at the Contract price.
B            Over-run
     If it is found that the final quantity of any Contract item will be
     more than 125 percent of the quantity in the bid schedule, a revised
     basis of payment may be agreed upon for the quantity in excess of
     the 125 percent that is performed after execution of the
     Supplemental Agreement covering those revisions. If a revised unit
     price or lump sum adjustment cannot be agreed upon, the
     Contractor shall enter into an agreement with the Department to
     perform the remaining work on a Force Account basis as provided
     in 1904.
     The Department will make payment at the Contract prices without
allowances for any losses sustained or excess profit accrued for:
(1) The actual quantities of work performed in all cases where no
     request for adjustment is made, and
(2) That work which is performed prior to execution of the Supple-
     mental Agreement in cases where adjustment is requested due to
     increased quantity.


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