16.203-4 Contract clauses.

(a) Adjustment based on established prices-standard supplies.

(1) The contracting officer shall, when contracting by negotiation, insert the clause at 52.216-2,

Economic Price Adjustment-Standard Supplies, or an agency-prescribed clause as authorized in

paragraph (a)(2) of this subsection, in solicitations and contracts when all of the following conditions

apply:

(i) A fixed-price contract is contemplated.

(ii) The requirement is for standard supplies that have an established catalog or market price.

(iii) The contracting officer has made the determination specified in 16.203-3.

(2) If all the conditions in paragraph (a)(1) of this subsection apply and the contracting officer

determines that the use of the clause at 52.216-2 is inappropriate, the contracting officer may use an

agency-prescribed clause instead of the clause at 52.216-2.

(3) If the negotiated unit price reflects a net price after applying a trade discount from a catalog or

list price, the contracting officer shall document in the contract file both the catalog or list price and

the discount. (This does not apply to prompt payment or cash discounts.)

(4) The contracting officer may modify the clause by increasing the 10 percent limit on aggregate

increases specified in 52.216-2(c)(1), upon approval by the chief of the contracting office.

(b) Adjustment based on established prices-semistandard supplies.

(1) The contracting officer shall, when contracting by negotiation, insert the clause at 52.216-3,

Economic Price Adjustment-Semistandard Supplies, or an agency-prescribed clause as authorized in

paragraph (b)(2) of this section, in solicitations and contracts when all of the following conditions

apply:

(i) A fixed-price contract is contemplated.

(ii) The requirement is for semistandard supplies for which the prices can be reasonably related to

the prices of nearly equivalent standard supplies that have an established catalog or market price.

(iii) The contracting officer has made the determination specified in 16.203-3.

(2) If all conditions in paragraph (b)(1) of this subsection apply and the contracting officer

determines that the use of the clause at 52.216-3 is inappropriate, the contracting officer may use an

agency-prescribed clause instead of the clause at 52.216-3.

(3) If the negotiated unit price reflects a net price after applying a trade discount from a catalog or

list price, the contracting officer shall document in the contract file both the catalog or list price and

the discount. (This does not apply to prompt payment or cash discounts.)

(4) Before entering into the contract, the contracting officer and contractor must agree in writing on

the identity of the standard supplies and the corresponding line items to which the clause applies.
(5) If the supplies are standard, except for preservation, packaging, and packing requirements, the

clause prescribed in 16.203-4(a) shall be used rather than this clause.

(6) The contracting officer may modify the clause by increasing the 10 percent limit on aggregate

increases specified in 52.216-3(c)(1), upon approval by the chief of the contracting office.

(c) Adjustments based on actual cost of labor or material.

(1) The contracting officer shall, when contracting by negotiation, insert a clause that is

substantially the same as the clause at 52.216-4, Economic Price Adjustment -Labor and Material, or

an agency-prescribed clause as authorized in subparagraph (c)(2) of this section, in solicitations and

contracts when all of the following conditions apply:

(i) A fixed-price contract is contemplated.

(ii) There is no major element of design engineering or development work involved.

(iii) One or more identifiable labor or material cost factors are subject to change.

(iv) The contracting officer has made the determination specified in 16.203-3.

(2) If all conditions in paragraph (c)(1) of this section apply and the contracting officer determines

that the use of the clause at 52.216-4 is inappropriate, the contracting officer may use an agencyprescribed clause instead of the clause at 52.216-4.

(3) The contracting officer shall describe in detail in the contract Schedule-

(i) The types of labor and materials subject to adjustment under the clause;

(ii) The labor rates, including fringe benefits (if any) and unit prices of materials that may be

increased or decreased; and

(iii) The quantities of the specified labor and materials allocable to each unit to be delivered under

the contract.

(4) In negotiating adjustments under the clause, the contracting officer shall-

(i) Consider work in process and materials on hand at the time of changes in labor rates, including

fringe benefits (if any) or material prices;

(ii) Not include in adjustments any indirect cost (except fringe benefits as defined in 31.205-6(m)) or

profit; and

(iii) Consider only those fringe benefits specified in the contract Schedule.

(5) The contracting officer may modify the clause by increasing the 10 percent limit on aggregate

increases specified in 52.216-4(c)(4), upon approval by the chief of the contracting office.

(d) Adjustments based on cost indexes of labor or material. The contracting officer should consider

using an economic price adjustment clause based on cost indexes of labor or material under the

circumstances and subject to approval as described in paragraphs (d)(1) and (d)(2) of this section.

(1) A clause providing adjustment based on cost indexes of labor or materials may be appropriate
when-

(i) The contract involves an extended period of performance with significant costs to be incurred

beyond 1 year after performance begins;

(ii) The contract amount subject to adjustment is substantial; and

(iii) The economic variables for labor and materials are too unstable to permit a reasonable division

of risk between the Government and the contractor, without this type of clause.

(2) Any clause using this method shall be prepared and approved under agency procedures. Because

of the variations in circumstances and clause wording that may arise, no standard clause is

prescribed.

Parent topic: 16.203 Fixed-price contracts with economic price adjustment.