16.203-4-90 Additional clauses.
These clauses can be used only when the requirements of FAR 16.203-2 and DLAD 16.203 are met and the determination required by FAR 16.203-3 is made, and the contracting officer determines that none of the standard FAR EPA clauses are appropriate for use in the acquisition.
(a) Price adjustment for specialty metals. The clause at 52.216-9003 may be included in solicitations and resulting contracts for items containing specialty metals, when the circumstances in FAR 16.203-4(d)(1) exist, unpredictable increases or decreases in the cost of the specialty metal are expected, and the changes can be tracked by a published market price indicator (e.g. London Metals Exchange, Platts). Cost or price indices that are subject to recalculation after initial publication (to take into account late survey reports and corrections by respondents e.g. PPI) shall not be used with this clause. Clause requires contractor submission of information adequate to support derivation of the dollar value of specialty metal(s) in the unit price.
(b) Price Adjustment for Unitized Group Rations -A. The clause at 52.216-9012 may be included in solicitations and resulting contracts for Unitized Group Rations - A (UGR-A). The clause is based on cost of materials (total components price defined in the clause). There is no adjustment for the distribution price (defined in the clause) for these rations. If the Contractor's applicable total components price of a ration component(s) changes (i.e. increase or decrease) after the contract date, the corresponding unit price may be increased, or shall be decreased, by the same amount (subject to upward ceiling stated in the clause). Clause requires contractor submission of supporting data adequate to support any requested price change.
(c) Price Adjustment for Lead, Battery Consignment Program. The clause at 52.216-9029 ECONOMIC PRICE ADJUSTMENT (EPA) LEAD, BATTERY CONSIGNMENT PROGRAM may be included in solicitations and the resulting contracts for batteries acquired under the Battery Consignment Program, when the circumstances in FAR 16.203-4(d)(1) exist, unpredictable increases or decreases in the cost of the lead are expected, and the changes can be tracked by the London Metals Exchange standard lead pricing. When setting the "Adjustment Band" the Contracting Officer shall determine the percentage that allows the clause to be adequately responsive to fluctuations in the lead market while also minimizing the administrative burden of processing adjustments for minimal prices changes.
(d) Price Adjustment for Department of Labor Price Index. The clause at 52.216-9030 ECONOMIC PRICE ADJUSTMENT - DEPARTMENT OF LABOR PRICE INDEX may be included in negotiated solicitations and resulting contracts when
(i) soliciting an item when unpredictable increases or decreases in the cost of producing the items are expected or pricing uncertainties exist for a component or components of the end item, and the change in cost of production or component prices can be tracked via the Producers Price Index (PPI) published by the Bureau of Labor Statistics (BLS);
(ii) the circumstances in FAR 16.203-4(d)(1) exist;
(iii) the contracting officer considers the use of this clause appropriate; and
(iv) the requirements of FAR 16.203-3 and DLAD 16.203 are met.
(f) Economic Price Adjustment (EPA) - Established Market Price - Milk. The clause at 52.216-9032 Economic Price Adjustment (EPA) - Established Market Price Economic Price Adjustment (EPA) - Established Market Price - Milk may be included in solicitations and resulting contracts for Extended Shelf Life (ESL) Milk items when the following conditions apply:
1. The contracting officer has made the determination specified in FAR 16.203-3 that a fixed price contract with an economic price adjustment (EPA) is appropriate,
2. Items have an established market price,
3. When the entire or major quantity of milk will be processed outside the state of California, and
4. Price adjustments will not be made by contract modification.
(i) 52.216-9032 Economic Price Adjustment (EPA) - Established Market Price - Milk Alternate I. Use 52.216-9032 Alternate I in solicitations and contracts for Extended Shelf Life (ESL) milk when items 1, 2 and 4 apply and the entire or major quantity of milk will be processed in the state of California.
(ii) 52.216-9032 Economic Price Adjustment (EPA) - Established Market Price - Milk Alternate II. Use 52.216-9032 Alternate II in solicitations and contracts for Ultra High Temperature (UHT) milk when items 1, 2 and 3 apply and price adjustments will be made by contract modification.
(iii) 52.216-9032 Economic Price Adjustment (EPA) - Established Market Price-Milk Alternate III. Use 52.216-9032 Alternate III in solicitations and contracts for Ultra High Temperature (UHT) milk items when items 1 and 2 apply, the entire or major quantity of milk will be processed in the state of California, and price adjustments will be made by contract modification.
(g) 52.216-9033 ECONOMIC PRICE ADJUSTMENT - ESTABLISHED PRICES
This clause may be used in acquisitions when it is known that the items being acquired are commercial items for which manufacturers or suppliers have established, published prices meeting the definition of "market price" or "catalog price" in 16.203(90). Complete paragraph (c)(1) of the clause by inserting the maximum percentage of increase authorized.
(h) 52.216-9034 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRICE -- SILVER
The clause at 52.216-9034 may be included in solicitations and resulting contracts for items containing silver, when unpredictable increases or decreases in the cost of silver are expected, the circumstances in FAR 16.203-4(d)(1) exist, and the changes can be tracked by the published market price indicator in the clause.
(i) 52.216-9035 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRICE - LEAD
The clause at 52.216-9035 may be included in solicitations and resulting contracts for items containing lead, when unpredictable increases or decreases in the cost of lead are expected, the circumstances in FAR 16.203-4(d)(1) exist, and the changes can be tracked by the published market price indicator in the clause.
(j) The following evaluation clauses will be used in solicitations when an economic price adjustment clause will be used.
(i) When using negotiation procedures that include an economic Price Adjustment use 52.216-9036 EVALUATION OF OFFERS - ECONOMIC PRICE ADJUSTMENT. to advise offerors how their prices will be evaluated in regard to the EPA provision.
(ii) When using sealed bidding that includes an economic price adjustment clause, use 52.216-9037 EVALUATION OF BIDS - ECONOMIC PRICE ADJUSTMENT to advise offerors how their prices will be evaluated in regard to the EPA provision.
(k) 52.216-9028 ECONOMIC PRICE ADJUSTMENT LABOR AND MATERIAL
The clause at 52.216-9028 may be used when the contractor will propose a material index for use in the economic price adjustment clause.
(l) 52.216-9058 Economic Price Adjustment (EPA) Established Market Price - Wool Cloth. Use the clause at 52.216-9058 in solicitations and contracts for wool cloth or items containing wool cloth. Paragraphs (b)(1), (b)(2) and (d) require the Government to fill-in the specific grade of Australian Wool that the EPA applies to and in paragraph (b) fill-in pounds of wool per yard. The pounds of wool per yard will be calculated by DLA Troop Support ( formerly DSCP )'s pricing element based on prior audits and provided to the buyer as necessary. The specific grade will normally be 22 Micron (US Grade 64'S). However, as market research or other circumstance dictates, buyer may complete with the appropriate number ranging from 54'S-70'S or Micron equivalent. In all cases, the buyer will document the file with the basis for the Grade chosen.
The clause at 52.216-9061 may be used in solicitations and resulting contracts for Table Spreads. The contracting officer may add additional components based upon customer requirements within paragraph (b) of the clause. Prior to incorporation of any additional component(s) into a solicitation or contract, the contracting officer shall provide the requested new components along with supporting documentation to the cost/price office for review and approval. DLA Troop Support ( formerly DSCP ) will keep track of any items added and/or those that should be deleted from the clause and report to HQ DLA, ATTN: J-73 every two years for review and updating of the clause as necessary.
The clause at 52.216-9062 may be included in solicitations and the resulting contracts for Unitized Group Ration. The contracting officer may add additional components based upon customer requirements within paragraph (b) of the clause. Prior to incorporation of any additional component(s) into a solicitation or contract, the contracting officer shall provide the requested new components along with supporting documentation to the cost/price office for review and approval. DLA Troop Support ( formerly DSCP ) will keep track of any items added and/or those that should be deleted from the clause and report to HQ DLA, ATTN: J-73 every two years for review and updating of the clause as necessary.
The clause at 52.216-9059 may be used in solicitations and resulting contracts for Meal Cold Weather/Long Range Patrol (MCW/LRP). The contracting officer may add additional components based upon customer requirements within paragraph (b) of the clause. Prior to incorporation of any additional component(s) into a solicitation or contract, the contracting officer shall provide the requested new components along with supporting documentation to the cost/price office for review and approval. DLA Troop Support ( formerly DSCP ) will keep track of any items added and/or those that should be deleted from the clause and report to HQ DLA, ATTN: J-73 every two years for review and updating of the clause as necessary.
The clause at 52.216-9063 may be used in solicitations and resulting contracts for Tailored Operational Training Meal (TOTM). The contracting officer may add additional components based upon customer requirements within paragraph (b) of the clause. Prior to incorporation of any additional component(s) into a solicitation or contract, the contracting officer shall provide the requested new components along with supporting documentation to the cost/price office for review and approval. DLA Troop Support ( formerly DSCP ) will keep track of any items added and/or those that should be deleted from the clause and report to HQ DLA, ATTN: J-73 every two years for review and updating of the clause as necessary.
The clause at 52.216-9060 may be included in solicitations and resulting contracts for Meal Ready to Eat (MRE) Assembly. The contracting officer may add additional components based upon customer requirements within paragraph (b) of the clause. Prior to incorporation of any additional component(s) into a solicitation or contract, the contracting officer shall provide the requested new components along with supporting documentation to the cost/price office for review and approval. DLA Troop Support ( formerly DSCP ) will keep track of any items added and/or those that should be deleted from the clause and report to HQ DLA, ATTN: J-73 every two years for review and updating of the clause as necessary.
The clause at 52.216-9066 may be included in solicitations and resulting contracts for fiberboard boxes, liners and /or other items identified therein, when: (1) unpredictable increases or decreases in the cost of the items are expected; (2) the changes can be tracked by published market prices to be used for price adjustment purposes; (3) the Contracting Officer considers the use of this clause appropriate; and (4) the requirements of DLAD 16.203-2, -3, and -4 are met.
The clause at 52.216-9067 shall be used in contracts for procurement of Liquid Propane Gas (LPG). Requires buyer to fill in the appropriate base market price date in paragraph (b)(3). This date should be no later than the date of final proposal revisions. Buyer must also fill in percentage applicable in (c)(5), as determined in accordance with DLAD 16.203-3 (94) and local procedures. This clause is approved for use by DDC only.