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reasonably incurred by the Contractor in attempting to comply with the defective <br /> specifications. <br /> (e) Contractor will assist Participant in obtaining all of the requested cost details as may be <br /> required for FTA assisted purchases. Failure to respond or provide needed details may be <br /> grounds for the Participant to cancel the purchase without penalty. <br /> (f) The Contractor must assert its right to an adjustment under this clause within 30 days <br /> after <br /> 1. receipt of a written change order under paragraph (a)of this clause or <br /> 2. the furnishing of a written notice under paragraph (b)of this clause, by submitting <br /> to the Contracting Officer a written statement describing the general nature and <br /> amount of proposal, unless this period is extended by the Participant. The <br /> statement of proposal for adjustment may be included in the notice under <br /> paragraph (b) above. <br /> (g) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted <br /> after final payment under this Master Contract. <br /> (h) This clause does not supersede FTA Circular C 4220.1F. <br /> 3.4. ECONOMIC ADJUSTMENT. Beginning twelve (12) months after the effective date of this Master <br /> Contract and for every annual anniversary thereafter, the prices set forth in Exhibit B shall be <br /> adjusted, based upon the percent changes (whether up or down) in the United States <br /> Department of Labor, Bureau of Labor and Statistics (BLS) indices described below,for the most <br /> recent year.The Index is the Producer Price IndexforTruck and Bus Bodies,Series No.WPU 1413, <br /> published by the United States Department of Labor, Bureau of Labor Statistics, or if such Index <br /> is no longer in use, then such replacement that is most comparable to the Index as may be <br /> designated by the Bureau of Labor Statistics, or as agreed by the parties. Economic adjustment <br /> will lag one (1) calendar quarter past the Master Contract commencement date to allow for <br /> publication of BLS data. All calculations for the index shall be based upon the latest version of <br /> data published as of April 1 each year. Prices shall be adjusted on June 1. If an index is recoded, <br /> that is the replacement is a direct substitute according to the BLS, this Master Contract will <br /> instead use the recode. If an index becomes unavailable, Enterprise Services shall substitute a <br /> proxy index. If there is not a direct substitute, the next higher aggregate index available will be <br /> used. The economic adjustment shall be calculated as follows: <br /> New Price=Old Price x(Current Period Index/Base Period Index). <br /> 3.5. PRICE CEILING. Although Contractor may offer lower prices to Participants, during the term of this <br /> Master Contract, Contractor guarantees to provide the Heavy Duty Transit Buses at no greater <br /> than the prices set forth in Exhibit B—Prices for Heavy Duty Transit Buses (subject to economic <br /> adjustment as set forth herein). <br /> 3.6. GOODS AND SERVICES ADDITION. Contractor may offer new goods and services within the scope of <br /> the authorized goods set forth in Exhibit A—Included Transit Buses to Participants to implement <br /> new technology solutions or meet specific Participant requirements. Goods and services added <br /> to purchase orders under the Master Contract must be commercially available at the time they <br /> are added and fall within the original scope of the Master Contract. <br /> 3.7. PRICING OF GOODS AND SERVICE ADDITIONS. Prices for additional Transit Bus goods and services <br /> performed under this Master Contract follow cost reimbursement rules under 4220.1F Ch VI, <br /> MASTER CONTRACT No.06719-01 <br /> PAGE 4 <br />