U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 1996

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V. Period of Performance: This Agreement shall remain in effect indefinitely until terminated by either party upon 60 days written notice. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house detainees, the Contractor may suspend or restrict the use of the facility upon 60 days written notice to the INS. VI. Economic Price Adjustment: Rates shall be established on the basis of actual costs associated with the operation of the facility during a recent annual accounting period or upon an approved annual operating budget. The rate may be renegotiated not more than once a year, after the Agreement has been in effect for twelve months. The Contractor may initiate a request for a rate increase or decrease by notifying the INS Contracting Officer in writing at least 60 days prior to the desired effective date of the adjustment. The Contractor agrees to provide additional cost documentation for the proposed rate increase. 4. Criteria used to evaluate the increase or decrease in the per capita rate shall be those specified in the Federal cost standards for contracts and grants with State and local Governments issued by the Office of Management and Budget. The effective date of the rate modification will be negotiated and specified on the modification form approved and signed by the Contracting Officer. The effective date will be established on the first day of the month for accounting purposes. Payments at the modified rate will be paid upon the return of the signed modification by the authorized local official to the INS. 6. Unless other justifiable reasons can be documented by the Contractor, per diem increases shall not exceed the National Inflation rate for the preceding year as established by the U.S. Department of Commerce.