48 C.F.R. § 16.203-2

16.203-2 Application.

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A fixed-price contract with economic price adjustment may be used when (i) there is serious doubt concerning the stability of market or labor conditions that will exist during an extended period of contract performance, and (ii) contingencies that would otherwise be included in the contract price can be identified and covered separately in the contract. Price adjustments based on established prices should normally be restricted to industry-wide contingencies. Price adjustments based on labor and material costs should be limited to contingencies beyond the contractor's control. For use of economic price adjustment in sealed bid contracts, see 14.408-4.

(a) In establishing the base level from which adjustment will be made, the contracting officer shall ensure that contingency allowances are not duplicated by inclusion in both the base price and the adjustment requested by the contractor under economic price adjustment clause.

(b) In contracts that do not require submission of certified cost or pricing data, the contracting officer shall obtain adequate data to establish the base level from which adjustment will be made and may require verification of data submitted.

[48 FR 42219, Sept. 19, 1983, as amended at 50 FR 1742, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 60 FR 34739, July 3, 1995; 75 FR 53148, Aug. 30, 2010]

Notes of Decisions

Cited in 2 cases, 2005–2005 · leading case: Tesoro Hawaii Corp., Tesoro Alaska Co. & Hermes Consol., Inc., D/B/A Wyoming Refining Co. v. United States, 405 F.3d 1339 (Fed. Cir. 2005).

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Tesoro Hawaii Corp., Tesoro Alaska Co. & Hermes Consol., Inc., D/B/A Wyoming Refining Co. v. United States, 405 F.3d 1339 (Fed. Cir. 2005). “48 C.F.R. § 16.203-2 (1994). Noting that this section also uses the phrase “established prices,” but not “contractor’s established prices,”-the government argues that FAR § 16.”

Tesoro Hawaii Corp. v. United States (Fed. Cir. 2005). “48 C.F.R. § 16.203-2 (1994). Noting that this section also uses the phrase "established prices," but not "contractor's established prices," the government argues that FAR § 16.”

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