FAR 52.216-4 Economic Price Adjustment-Labor and Material. Basic (Jan 2017) (Current)

As prescribed in 16.203-4(c), when contracting by negotiation, insert a clause that is substantially the same as the following clause in solicitations and contracts when the conditions specified in 16.203-4(c)(1)(i) through (iv) apply (but see 16.203-4(c)(2)). The clause may be modified by increasing the 10-percent limit on aggregate increases specified in paragraph (c)(4), upon approval by the chief of the contracting office.

Economic Price Adjustment—Labor and Material (Jan 2017)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

    (1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for—

        (i) Supplies or services for which the production cost is not affected by such changes;

        (ii) Changes in rates or unit prices other than those shown in the Schedule; or

        (iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

    (2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

    (3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

    (4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

(End of clause)

NONE

Subcontractor ✖ C/R ✖ Time and Materials ✖ (Applies when (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.);

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.219-8 Utilization of Small Business Concerns.

52.219-9 Small Business Subcontracting Plan.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.242-3 Penalties for Unallowable Costs.

52.245-1 Government Property.

52.219-14 Limitations on Subcontracting.

52.219-16 Liquidated Damages-Subcontracting Plan.

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Rerepresentation.

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns.

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.219-33 Nonmanufacturer Rule.

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.

52.225-6 Trade Agreements Certificate.

52.225-9 Buy American-Construction Materials.

52.225-13 Restrictions on Certain Foreign Purchases.

52.228-11 Pledges of Assets.

52.204-2 Security Requirements.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.229-12 Tax on Certain Foreign Procurements.

52.219-1 Small Business Program Representations.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.208-8 Required Sources for Helium and Helium Usage Data.

52.209-7 Information Regarding Responsibility Matters.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-9 Small Business Subcontracting Plan.

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.219-6 Notice of Total Small Business Set-Aside.

52.219-11 Special 8(a) Contract Conditions.

52.219-12 Special 8(a) Subcontract Conditions.

52.219-13 Notice of Set-Aside of Orders.

52.219-14 Limitations on Subcontracting.

52.219-17 Section 8(a) Award.

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Rerepresentation.

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

52.219-9 Small Business Subcontracting Plan.

52.222-50 Combating Trafficking in Persons.

52.225-1 Buy American-Supplies

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

52.225-9 Buy American-Construction Materials.

52.225-11 Buy American-Construction Materials under Trade Agreements.

52.229-13 Taxes—Foreign Contracts in Afghanistan.

52.229-14 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.246-26 Reporting Nonconforming Items.

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels.

52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method).

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method).

52.222-41 Service Contract Labor Standards.

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

52.223-11 Ozone-Depleting Substances.

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

52.225-26 Contractors Performing Private Security Functions Outside the United States.

52.228-11 Pledges of Assets.

52.228-15 Performance and Payment Bonds-Construction.

52.230-5 Cost Accounting Standards-Educational Institution.

52.234-2 Notice of Earned Value Management System-Preaward Integrated Baseline Review.

52.234-3 Notice of Earned Value Management System-Postaward Integrated Baseline Review.

52.234-4 Earned Value Management System.

52.243-7 Notification of Changes.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-7 Notice of Partial Small Business Set-Aside.

52.222-55 Minimum Wages Under Executive Order 13658.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.222-50 Combating Trafficking in Persons.

52.204-26 Covered Telecommunications Equipment or Services—Representation.

52.248-3 Value Engineering—Construction.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.219-1 Small Business Program Representations.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-7 Notice of Partial Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Representation.

52.222-55 Minimum Wages Under Executive Order 13658.

52.209-12 Certification Regarding Tax Matters.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.225-1 Buy American-Supplies

52.225-2 Buy American Certificate.

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

52.225-9 Buy American-Construction Materials.

52.225-11 Buy American-Construction Materials under Trade Agreements.

52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.223-3 Hazardous Material Identification and Material Safety Data.

52.225-2 Buy American Certificate.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.209-5 Certification Regarding Responsibility Matters.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.228-15 Performance and Payment Bonds—Construction.

52.230-1 Cost Accounting Standards Notices and Certification.

52.230-2 Cost Accounting Standards.

52.230-3 Disclosure and Consistency of Cost Accounting Practices.

52.230-4 Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns.

52.230-5 Cost Accounting Standards—Educational Institution.

52.246-26 Reporting Nonconforming Items.

52.248-1 Value Engineering.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.214-26 Audit and Records—Sealed Bidding.

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.215-2 Audit and Records—Negotiation.

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications.

52.215-12 Subcontractor Certified Cost or Pricing Data.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications.

52.219-9 Small Business Subcontracting Plan.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-16 Preventing Personal Conflicts of Interest.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.227-1 Authorization and Consent.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.229-7000 Invoices Exclusive of Taxes or Duties.

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

252.245-7002 Reporting Loss of Government Property.

252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0001)

252.249-7002 Notification of Anticipated Contract Termination or Reduction.

252.225-7012 Preference for Certain Domestic Commodities.

252.227-7037 Validation of Restrictive Markings on Technical Data.

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.211-7007 Reporting of Government-Furnished Property.

552.215-71 Examination of Records by GSA (Multiple Award Schedule).

552.204-9 Personal Identity Verification Requirements.

552.243-71 Equitable Adjustments.

52.204-2 Security Requirements.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

52.216-16 Incentive Price Revision-Firm Target.

52.216-2 Economic Price Adjustment-Standard Supplies.

52.216-3 Economic Price Adjustment-Semistandard Supplies.

52.216-5 Price Redetermination-Prospective.

52.216-6 Price Redetermination-Retroactive.

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method).

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method).

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment.

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments).

52.229-6 Taxes-Foreign Fixed-Price Contracts.

52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services.

52.232-31 Invitation to Propose Financing Terms.

52.233-3 Protest after Award.

52.236-2 Differing Site Conditions.

52.242-14 Suspension of Work.

52.242-15 Stop-Work Order.

52.243-1 Changes-Fixed-Price.

52.243-2 Changes-Cost-Reimbursement.

52.243-3 Changes-Time-and-Materials or Labor-Hours.

52.243-4 Changes.

52.243-5 Changes and Changed Conditions.

52.243-7 Notification of Changes.

52.250-5 SAFETY Act-Equitable Adjustment.

252.216-7000 Economic Price Adjustment-Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products.

252.216-7001 Economic Price Adjustment–Nonstandard Steel Items.

252.216-7003 Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government.

252.216-7007 Economic Price Adjustment-Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products-Representation.

252.216-7008 Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government-Representation.

252.217-7003 Changes.

252.217-7027 Contract Definitization.

252.227-7002 Readjustment of Payments.

252.232-7000 Advance Payment Pool.

252.232-7012 Performance-Based Payments–Whole-Contract Basis.

252.232-7013 Performance-Based Payments-Deliverable-Item Basis.

252.236-7003 Payment for Mobilization and Preparatory Work.

252.236-7004 Payment for Mobilization and Demobilization.

252.237-7023 Continuation of Essential Contractor Services .

252.239-7004 Orders for Facilities and Services.

252.241-7000 Superseding Contract.

252.243-7001 Pricing of Contract Modifications.

252.243-7002 Requests for Equitable Adjustment.

252.247-7000 Hardship Conditions.

252.247-7002 Revision of Prices.

252.249-7000 Special Termination Costs.

252.215-7015 Program Should-Cost Review.

252.232-7015 Performance-Based Payments-Representation.

252.232-7016 Notice of Progress Payments or Performance-Based Payments.

1852.215-79 Price Adjustment for "Make-or-Buy" Changes.

1852.242-72 Denied Access to NASA Facilities

1852.243-72 Equitable Adjustments.

5252.211-9503 LEVEL OF EFFORT (COST REIMBURSEMENT) (NAVAIR)(DEC 2012)

5252.216-9200 Payment of Fixed Fee (Completion Type)

5252.216-9201 Payment of Fixed Fee Based on Staff-hours (Term Type)

5252.216-9205 Fee Determination and Payment (Indefinite Delivery Type Contracts)

5252.217-9201 Contract Maximum Amount

5252.243-9505 ENGINEERING CHANGES (NAVAIR)

5252.227-9505 TECHNICAL DATA AND COMPUTER SOFTWARE IDENTIFICATION IN ENGINEERING CHANGE PROPOSALS (ECPs) (NAVAIR)

5252.242-9515 RESTRICTION ON THE DIRECT CHARGING OF MATERIAL (VARIATION)

3052.216-70 Evaluation of offers subject to an economic price adjustment clause.

3052.216-71 Determination of award fee.

3052.231-70 Precontract costs.

5152.211-9001 Variations in Estimated Quantities-Subline Items.

5152.237-9000 Adjustments to Contractor’s Coefficient for Option Years (Job Order Contracts).

552.236-11 Use and Possession Prior to Completion.

552.238-82 Modifications (Federal Supply Schedules).

552.270-10 Failure in Performance.

552.236-79 Construction-Manager-As-Constructor.

552.215-72 Price Adjustment—Failure to Provide Accurate Information.

552.216-70 Economic Price Adjustment—FSS Multiple Award Schedule Contracts.

552.216-71 Economic Price Adjustment—Special Order Program Contracts.

552.238-81 Price Reductions.

552.243-71 Equitable Adjustments.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

652.216-71 Price Adjustment.

652.237-70 Compensatory Time Off.

652.237-72 Observance of Legal Holidays and Administrative Leave.

952.204-76 Conditional payment of fee or profit-safeguarding restricted data and other classified information.

952.208-70 Printing.

952.216-7 Allowable cost and payment.

952.216-15 Predetermined indirect cost rates.

952.223-76 Conditional payment of fee or profit-safeguarding restricted data and other classified information and protection of worker safety and health.

970.5211-1 Work authorization.

970.5215-1 Total available fee: Base fee amount and performance fee amount.

970.5215-3 Conditional Payment of Fee, Profit, and Other Incentives-Facility Management Contracts

970.5215-4 Cost reduction.

970.5215-5 Limitation on fee.

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