Miss. Code. tit. 12, pt. 9, ch. 14, exh. 12-9-14-1
**This language is not required for use in any solicitation. Where an Agency chooses to include a Price Adjustment clause, only one of the clauses below (or a single Price Adjustment clause crafted by the Agency) should be utilized.**
Price Adjustment Due to Unanticipated Market Disruptions
A price adjustment may be allowed in the event unanticipated market disruptions occur such that the [unit prices] bid by the Contractor in response to [the solicitation] are no longer viable for the provision of services required by [the Agency]. The Contractor shall provide a market analysis regarding the viability of the originally bid rates and rates the Contractor contends would be viable under the current market conditions. The Contractor shall also provide any other support for the request for a price adjustment required by [the Agency]. [The Agency] has the sole discretion to determine whether a price adjustment will be allowed, the amount of the price adjustment, and the duration of the price adjustment. Any price adjustment made under this provision shall be limited to only that which is required to accommodate the precipitating market disruption. Under no circumstances shall a price adjustment result in the adjusted [unit prices] exceeding 110% of the original [unit price]. (For example, an original [unit price] of $100.00 could be increased up to, but not to exceed, $110.00 under this clause.) No price adjustment will be allowed other than as described in this paragraph. When preparing [bids, proposals, qualifications] Offerors shall assume no such price adjustment will occur during the life of the contract. Any approval of a price adjustment shall be contained in a duly executed written amendment to this Contract.
Price Adjustment to Account for Inflation
A price adjustment may be allowed which does not exceed the lesser of either 5% or the annual increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Bureau of Labor Statistics. Any such price adjustment will be effective only once per 12-month period, on the anniversary of the contract start date. If the CPI-U is a negative number, no adjustment in price shall be allowed. A negative CPI-U shall be counted against any subsequent increases in the CPI-U when calculating any price adjustment relative to later contract years. The Contractor shall provide any support for the request for a price adjustment required by [the Agency]. [The Agency] has the sole discretion to determine whether a price adjustment will be allowed. No price adjustment will be allowed other than as described in this paragraph. Any approval of a price adjustment shall be contained in a duly executed written amendment to this Contract.
Price Adjustment for Variation of Need in an Indefinite Quantity, Unit Price Contract
This is an indefinite quantity contract. The volume of services specified in the [solicitation] is an estimate based on past history. No guarantee is made with regard to the volume of services the Agency will need under this contract. A volume-based price adjustment will be allowed when there is a fluctuation in the demand for services under this contract which exceeds 10%. Where that fluctuation represents an increase of more than 10% in the need for services, the [unit price] shall be decreased by 5%. Where that fluctuation represents a decrease of more than 10% in the need for services, the [unit price] shall be increased by 5%. In no event shall this price adjustment constitute a guarantee of minimum payment. Payment will only be made for services rendered on an as-needed basis by [the Agency]. No price adjustment will be allowed other than as described in this paragraph.
Miss. Code. tit. 12, pt. 9, ch. 14, exh. 12-9-14-1