file a Disclosure Statement but is reqwyred pursuant to 3. above to change an established praetice, then an | equitable adjustment shall sinilark@be agreed to. ! (b) Negotiate with the cognizant Contracting Officer to deternine ' the | terms and conditions under which any Disclosure. Statement change other: than changes under 4.(a) above may | be made. A change to a Disclosure Stactedent may be proposed by either the Government or thy Subcontractor; ' PROVIDED, however, that no agreement @iy be made under this provision that will increase costs paid by the United States under this Subcontract. & “aE 5. Agree to an adjustment of the contract price oxfeost allowance, as appropriate, if it or a lower-tier subcontractor fails to comply with an applicable Cost Accounting Standard or to follow any practice disclosed pursuant to subpapagraphs iL. and 2. above and such failure results in any incredsed costs paid - by the United States. Such adjustment shalprovide for ~ recovery of the increased costs to the United States together with interest thereon computed at the ratejetermined by the Secretary of the Treasury pursuant to Pure Law 92-41, 85 Stat. 97, or 7 percent per annum, whichefer is less, from the time the payment by the United States was made to the time the adjustment is effected- If the parties fail to agree whether the<subcontractor or a lower-tier subcontractor has complied with an applycable Cost Accounting Standard, rule, or regulation of the Uést Accounting Standards Board and as to any cost adjustment demanded by the United States, Such failure to agree shall be a dispute concerning a question of fact within the meaning of the "Disputes" Artgcte of this Subcontracr. The Subcontractor shall permit any authoriaet representatives of the Head of the Agency of the Cost AccounNng Standards Board, or of the Comptroller General of the United States to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this Article. er & The Subcontractor shall include in all negotiated lower-tier sub- contracts which it enters into the substance of ghis Article except paragraph b. and shall require such inclusion Firs all other lower-tier subcontracts of any tier, except that this re@fircaent shall apply only to negotiated subcontracts in excess of $100,000 where Che price negotiated is not based on: 1. 2. | Established catalog or market prigpgs of commercial items sold in substantial quantities to théeneral public, or Prices set by law or xgPulacion. . Pe y 50 5008103