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Methods of Computing Equitable Adjustments Clause Examples

The "Methods of Computing Equitable Adjustments" clause defines the procedures and formulas used to determine fair changes in contract price or schedule when modifications occur. Typically, this clause outlines acceptable methods such as cost analysis, negotiated agreement, or reference to industry standards, and may specify documentation requirements or allowable costs. Its core function is to ensure that both parties have a clear, agreed-upon process for adjusting compensation or timelines, thereby reducing disputes and promoting fairness when contract changes arise.
Methods of Computing Equitable AdjustmentsĚýa. Equitable adjustments in the Total Contract Value shall be determined according to one of the following methods, or a combination thereof, as determined by DCAMM: (i) fixed price basis, provided that the fixed price shall be inclusive of items (a) through (g) below and shall be computed in accordance with those provisions and as detailed in Schedule A-5: Instructions/Model Forms; (ii) estimated lump sum basis to be adjusted in accordance with Contract unit prices or other agreed upon unit prices provided that the unit prices shall be inclusive of all costs related to such equitable adjustment; (iii) time and materials basis to be subsequently adjusted on the basis of actual costs (but subject to a predetermined "not to exceed limit") calculated as follows: (a) the direct cost (or credit) for labor at the minimum wage rates established for this Contract pursuant to M.G.L. c. 149, §§ 26-27H; (b) plus (or minus) the cost of Workmen’s Compensation Insurance, Liability Insurance, Federal Social Security and Massachusetts Unemployment Compensation are to be calculated using an allowance equal to 40% applied to said rate. The rate of forty (40) percent is inclusive of all insurances, taxes, general conditions, overhead, superintendence, fee, and profit. No other expenses are allowed, for example, sick time, vacation time, etc. are included in the all-inclusive rate. Documentation must be provided if a higher percentage is requested and will only be accepted for Workmen’s Compensation over 12.5%. For any change that involves a credit of labor a value of 85% of the approved rate is to be credited. (c) plus (or minus) the actual direct additional premium costs and expenses incurred as a result of collective bargaining agreements or other agreements between organized labor. No allowance for markups is allowed on these costs; (d) plus the direct cost of materials and use of equipment; an allowance equal to 15% of the amount of materials and equipment for general conditions, overhead, superintendence, fee, and profit can be applied; (e) certain miscellaneous services provided and approved by DCAMM (e.g. police details, utilities, etc.) may be included and are subject to a 5% markup; (f) plus (or minus), if applicable and approved by DCAMM, costs associated with engineering, training, and warranty may be included. No allowance for markups is allowed on these costs; (g) plus (or minus) the actual direct premium cost of payment and performance bonds required of the CON...
Methods of Computing Equitable Adjustments.ĚýA. Equitable adjustments in the Contract Price shall be determined according to one of the following methods, or a combination thereof, as determined by DCAMM: (1) fixed price basis, provided that the fixed price shall be inclusive of items (a) through (g) below and shall be computed in accordance with those provisions and as detailed in DCAMM’s Instructions and Procedures Regarding Change Orders, Contract Modifications and Equitable Adjustments (Form 13); (2) estimated lump sum basis to be adjusted in accordance with Contract unit prices or other agreed upon unit prices provided that the unit prices shall be inclusive of all costs related to such equitable adjustment; (3) time and materials basis to be subsequently adjusted on the basis of actual costs (but subject to a predetermined "not to exceed limit") calculated as follows: a) the direct cost (or credit) for labor at the minimum wage rates established for this Contract pursuant to M.G.L. c. 149, § 26-27H; FOR DCAMM USE ONLY b) plus (or minus) the cost of Workmen’s Compensation Insurance, Liability Insurance, Federal Social Security and Massachusetts Unemployment Compensation, which are to be calculated using an allowance equal to 40% applied to said rate. The rate of (40) percent is inclusive of all insurances, taxes, general conditions, overhead, superintendence, fee, and profit. No other expenses are allowed, for example, sick time, vacation time, etc. are included in the all-inclusive rate. Documentation must be provided if a higher percentage is requested and will only be accepted for Workmen’s Compensation over 12.5%. For any change that involves a credit of labor a value of 85% of the approved rate is to be credited.
Methods of Computing Equitable Adjustments.ĚýA. Equitable adjustments in the Contract Price shall be determined according to one of the following methods, or a combination thereof, as determined by the Awarding Authority: (1) fixed price basis, provided that the fixed price shall be inclusive of items (a) through (e) below and shall be computed in accordance with those provisions; (2) estimated lump sum basis to be adjusted in accordance with Contract unit prices or other agreed upon unit prices provided that the unit prices shall be inclusive of all costs related to such equitable adjustment; (3) time and materials basis to be subsequently adjusted on the basis of actual costs (but subject to a predetermined "not to exceed limit") calculated as follows: (a) the direct cost (or credit) for labor at the minimum wage rates established for this Contract pursuant to M.G.L. c. 149, s 26-27H, and the direct cost for material and use of equipment; (b) plus (or minus) the cost of Workmen’s Compensation Insurance, Liability Insurance, Federal Social Security and Massachusetts Unemployment Compensation, or as an alternative the Contractor may elect to use a flat 30% of the total labor rate computed in accordance with subparagraph (a) above; (c) plus an allowance equal to 20% of the amount of (a) above for overhead, superintendence and profit; (In the case of Item 1 work, which is the work of the Contractor and all his non-filed Subcontractors, said 20% allowance shall be paid to the Contractor and the Contractor and said non-filed Subcontractors shall agree upon the distribution of this amount as a matter of contract between them. In the case of Item 2 work, which is work performed by a Subcontractor filed pursuant to M.G.L. c. 149, s. 44F, said 20% allowance shall be paid to the filed Subcontractor, it being understood that this provision does not apply to other Subcontractors including sub-Subcontractors listed under paragraph E of the form for sub-Bid); (d) plus, for work performed by a Subcontractor filed pursuant to M.G.L. c. 149, s. 44F, an additional allowance equal to 7% of the sum of (a) through (c) above as full compensation to the Contractor for processing forms and assuming full responsibility for the faithful performance of such work by said filed Subcontractor(s), provided that there shall be no additional allowance to a General Contractor if the General Contractor self performs the subcontract work pursuant to M.G.L. c. 149, s. 44F(5). (e) plus (or minus) the actual direct additional premium cos...
Methods of Computing Equitable Adjustments.ĚýA. Equitable adjustments in the Contract Price shall be determined according to one of the following methods, or a combination thereof, as determined by DCAMM: (1) fixed price basis, provided that the fixed price shall be inclusive of items (a) through (g) below and shall be computed in accordance with those provisions and as detailed in DCAMM’s Instructions and Procedures Regarding Change Orders, Contract Modifications and Equitable Adjustments (Form 13) included in Appendix E to these General Conditions; (2) estimated lump sum basis to be adjusted in accordance with Contract unit prices or other agreed upon unit prices provided that the unit prices shall be inclusive of all costs related to such equitable adjustment; (3) time and materials basis to be subsequently adjusted based upon actual costs (but subject to a predetermined "not to exceed limit") calculated as follows: (a) the direct cost (or credit) for labor at the minimum wage rates established for this Contract pursuant to M.G.L. c. 149, § 26-27H;

Related to Methods of Computing Equitable Adjustments

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following: