Pence Kelley- Contract - Laserfiche WebLink

Home Browse Search

3, pny VECp may be accepted, in whole or in part, by the Owner's award of a modification to this contract citing this clause. The Owner maY accePt the VECP, even though an agreement on price reduction has not been reached, by issuing the Contrador a notice to pmc,eed with the change. Until a notice to proceed is issued or a contrad modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The Owner's decision to accept or reject all or part of any VECP shall be final and not subject to the Disputes clause or otherwise subject to litigation or claims under this Contract or applicable law, including without limitation under the Contract Disputes Act of 1978 (41 U.S.C. 601-613). F. Sharing. 1. Rr~tes. The Owr.er's share of savings is determined by subtracting Owner costs from instant contract savings and multiplying the result by 60 percent. The Contractor's share of savings is determined by subtracting pwner costs from instant contract savings and multiplying the result by 40 percent. 2. Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be authorized by a modification to this contract to-- ~) Accept the VECP; (ii) Reduce the contract price or estimated cost by the amount of instant cornract savings; and (iii) Provide the Contractor's share of savings by adding the Contractor's sha,re of savings to the contract price or fee. G. Data. The Contractor may restrict the Ovmer's right to use any part of a VECP or the supporting data by marking the following legend on the affeded parts: "These data, furnished under the Value Engineering--Construction clause of contract , shall not be disclosed outside the Owner agencies or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Owner's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations." If a VECP is accepted, the Contractor hereby grants the Owner unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Owner shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. (The terms unlimited rights and limited rights are defined in part 27 of the Federal Acquisition Regulation.) 4