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(Revised September 30, 2013)

 

 



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

 252.216-7001 Economic Price Adjustment--Nonstandard Steel Items.
 252.216-7002 Alternate A, Time-and-Materials/Labor-Hour Proposal Requirements –
                      Non-Commercial Item Acquisition with Adequate Price Competition.

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

 252.216-7004 Award Fee Reduction or Denial for Jeopardizing the
                      Health or Safety of Government Personnel.

 252.216-7005 Award Fee.
 252.216-7006 Ordering.
 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.

 252.216-7009 Allowability of Legal Costs Incurred in Connection With a
                      Whistleblower Proceeding.



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

As prescribed in 216.203-4-70(a)(1), use the following clause:

 

ECONOMIC PRICE ADJUSTMENT--BASIC STEEL, ALUMINUM, BRASS, BRONZE, OR COPPER MILL PRODUCTS (MAR 2012)

 

      (a)  Definitions.  As used in this clause¾

 

              “Established price” means a price which is an established catalog or market price for a commercial item sold in substantial quantities to the general public.

 

              “Unit price” excludes any part of the price which reflects requirements for preservation, packaging, and packing beyond standard commercial practice.

 

      (b)  As represented by the Contractor in its offer, the unit price stated for ____________________(Identify the item) is not in excess of the Contractor's established price in effect on the date set for opening of bids (or the contract date if this is a negotiated contract) for like quantities of the same item. This price is the net price after applying any applicable standard trade discounts offered by the Contractor from its catalog, list, or schedule price.

 

      (c)  The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any established price.

 

              (1)  Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased.

 

              (2)  This decrease shall apply to items delivered on or after the effective date of the decrease in the Contractor's established price.

 

              (3)  This contract shall be modified accordingly.

 

      (d)  If the Contractor's established price is increased after the date set for opening of bids (or the contract date if this is a negotiated contract), upon the Contractor's written request to the Contracting Officer, the corresponding contract unit price shall be increased by the same percentage that the established price is increased, and this contract shall be modified accordingly, provided—

 

              (1)  The aggregate of the increases in any contract unit price under this contract shall not exceed 10 percent of the original contract unit price;

 

              (2)  The increased contract unit price shall be effective on the effective date of the increase in the applicable established price if the Contractor's written request is received by the Contracting Officer within ten days of the change.  If it is not, the effective date of the increased unit price shall be the date of receipt of the request by the Contracting Officer; and

 

              (3)  The increased contract unit price shall not apply to quantities scheduled for delivery before the effective date of the increased contract unit price unless the Contractor's failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause of this contract.

 

              (4)  The Contracting Officer shall not execute a modification incorporating an increase in a contract unit price under this clause until the increase is verified.

 

      (e)  Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any portion of the contract affected by the requested increase and not delivered at the time of such cancellation, except as follows—

 

              (1)  The Contractor may, after that time, deliver any items that were completed or in the process of manufacture at the time of receipt of the cancellation notice, provided the Contractor notifies the Contracting Officer of such items within 10 days after the Contractor receives the cancellation notice.

 

              (2)  The Government shall pay for those items at the contract unit price increased to the extent provided by paragraph (d) of this clause.

 

              (3)  Any standard steel supply item shall be deemed to be in the process of manufacture when the steel for that item is in the state of processing after the beginning of the furnace melt.

 

      (f)  Pending any cancellation of this contract under paragraph (e) of this clause, or if there is no cancellation, the Contractor shall continue deliveries according to the delivery schedule of the contract.  The Contractor shall be paid for those deliveries at the contract unit price increased to the extent provided by paragraph (d) of this clause.

 

(End of clause)

 

252.216-7001  Economic Price Adjustment--Nonstandard Steel Items.

As prescribed in 216.203-4-70(b), use the following clause:

 

economic price adjustment--nonstandard steel items (JUL 1997)

 

      (a)  Definitions.  As used in this clause—

 

              “Base labor index” means the average of the labor indices for the three months which consist of the month of bid opening (or offer submission) and the months immediately preceding and following that month.

 

              “Base steel index” means the Contractor's established price (see Note 6) including all applicable extras of $________ per ____________ (see Note 1) for _______________ (see Note 2) on the date set for bid opening (or the date of submission of the offer).

 

              “Current labor index” means the average of the labor indices for the month in which delivery of supplies is required to be made and the month preceding.

 

              “Current steel index” means the Contractor's established price (see Note 6) for that item, including all applicable extras in effect ___ days (see Note 3) prior to the first day of the month in which delivery is required.

 

              “Established price” is—

 

                    (1)  A price which is an established catalog or market price of a commercial item sold in substantial quantities to the general public; and

 

                    (2)  The net price after applying any applicable standard trade discounts offered by the Contractor from its catalog, list, or schedule price.  (But see Note 6.)

 

              “Labor index” means the average straight time hourly earnings of the Contractor's employees in the ____________ shop of the Contractor's ________________ plant (see Note 4) for any particular month.

 

              “Month” means calendar month.  However, if the Contractor's accounting period does not coincide with the calendar month, then that accounting period shall be used in lieu of “month.”

 

      (b)  Each contract unit price shall be subject to revision, under the terms of this clause, to reflect changes in the cost of labor and steel.  For purpose of this price revision, the proportion of the contract unit price attributable to costs of labor not otherwise included in the price of the steel item identified under the “base steel index” definition in paragraph (a) shall be _____ percent, and the proportion of the contract unit price attributable to the cost of steel shall be _____ percent.  (See Note 5.)

 

      (c)(1)  Unless otherwise specified in this contract, the labor index shall be computed by dividing the total straight time earnings of the Contractor's employees in the shop identified in paragraph (a) for any given month by the total number of straight time hours worked by those employees in that month.

 

              (2)  Any revision in a contract unit price to reflect changes in the cost of labor shall be computed solely by reference to the “base labor index” and the “current labor index.”

 

      (d)  Any revision in a contract unit price to reflect changes in the cost of steel shall be computed solely by reference to the “base steel index” and the “current steel index.”

 

      (e)(1)  Each contract unit price shall be revised for each month in which delivery of supplies is required to be made.

 

              (2)  The revised contract unit price shall apply to the deliveries of those quantities required to be made in that month regardless of when actual delivery is made.

 

              (3)  Each revised contract unit price shall be computed by adding—

 

                    (i)  The adjusted cost of labor (obtained by multiplying ____ percent of the contract unit price by a fraction, of which the numerator shall be the current labor index and the denominator shall be the base labor index);

 

                    (ii)  The adjusted cost of steel (obtained by multiplying ____ percent of the contract unit price by a fraction, of which the numerator shall be the current steel index and the denominator shall be the base steel index); and

 

                    (iii)  The amount equal to ____ percent of the original contract unit price (representing that portion of the unit price which relates neither to the cost of labor nor the cost of steel, and which is therefore not subject to revision (see Note 5)).

 

              (4)  The aggregate of the increases in any contract unit price under this contract shall not exceed ten percent of the original contract unit price.

 

              (5)  Computations shall be made to the nearest one-hundredth of one cent.

 

      (f)(1)  Pending any revisions of the contract unit prices, the Contractor shall be paid the contract unit price for deliveries made.

 

              (2)  Within 30 days after final delivery (or such other period as may be authorized by the Contracting Officer), the Contractor shall furnish a statement identifying the correctness of—

 

                    (i)  The average straight time hourly earnings of the Contractor's employees in the shop identified in paragraph (a) that are relevant to the computations of the “base labor index” and the “current labor index;” and

 

                    (ii)  The Contractor's established prices (see Note 6), including all applicable extras for like quantities of the item that are relevant to the computation of the “base steel index” and the “current steel index.”

 

              (3)  Upon request of the Contracting Officer, the Contractor shall make available all records used in the computation of the labor indices.

 

              (4)  Upon receipt of the statement, the Contracting Officer will compute the revised contract unit prices and modify the contract accordingly.  No modification to this contract will be made pursuant to this clause until the Contracting Officer has verified the revised established price (see Note 6).

 

      (g)(1)  In the event any item of this contract is subject to a total or partial termination for convenience, the month in which the Contractor receives notice of the termination, if prior to the month in which delivery is required, shall be considered the month in which delivery of the terminated item is required for the purposes of determining the current labor and steel indices under paragraphs (c) and (d).

 

              (2)  For any item which is not terminated for convenience, the month in which delivery is required under the contract shall continue to apply for determining those indices with respect to the quantity of the non-terminated item.

 

              (3)  If this contract is terminated for default, any price revision shall be limited to the quantity of the item which has been delivered by the Contractor and accepted by the Government prior to receipt by the Contractor of the notice of termination.

 

      (h)  If the Contractor's failure to make delivery of any required quantity arises out of causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the clause of this contract entitled “Default,” the quantity not delivered shall be delivered as promptly as possible after the cessation of the cause of the failure, and the delivery schedule set forth in this contract shall be amended accordingly.

 

NOTES:

 

1  Offeror insert the unit price and unit measure of the standard steel mill item to be used in the manufacture of the contract item.

 

2  Offeror identify the standard steel mill item to be used in the manufacture of the contract item.

 

3  Offeror insert best estimate of the number of days required for processing the standard steel mill item in the shop identified under the “labor index” definition.

 

4  Offeror identify the shop and plant in which the standard steel mill item identified under the “base steel index” definition will be finally fabricated or processed into the contract item.

 

5  Offeror insert the same percentage figures for the corresponding blanks in paragraphs (b), (e)(3)(i), and (e)(3)(ii).  In paragraph (e)(3)(iii), insert the percentage representing the difference between the sum of the percentages inserted in paragraph (b) and 100 percent.

 

6  In negotiated acquisitions of nonstandard steel items, when there is no “established price” or when it is not desirable to use this price, this paragraph may refer to another appropriate price basis, e.g., an established interplant price.

 

(End of clause)

 

252.216-7002  Alternate A, Time-and-Materials/Labor-Hour Proposal Requirements – Non-Commercial Item Acquisition with Adequate Price Competition.

As prescribed in 216.601(e), substitute the following paragraph (c) for paragraph (c) of the provision at FAR 52.216-29:

 

ALTERNATE A, TIME-AND-MATERIALS/LABOR-HOUR

PROPOSAL REQUIREMENTS – NON-COMMERCIAL ITEM ACQUISITION

WITH ADEQUATE PRICE COMPETITION (FEB 2007)

 

      (c)  The offeror must establish fixed hourly rates using separate rates for each category of labor to be performed by each subcontractor and for each category of labor to be performed by the offeror, and for each category of labor to be transferred between divisions, subsidiaries, or affiliates of the offeror under a common control.

 

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

As prescribed in 216.203-4-70(c)(1), use the following clause:

 

economic PRICE adjustment--WAGE RATES OR MATERIAL PRICES CONTROLLED BY A FOREIGN GOVERNMENT (MAR 2012)

 

      (a)  As represented by the Contractor in its offer, the prices set forth in this contract—

 

              (1)  Are based on the wage rate(s) or material price(s) established and controlled by the government of the country specified by the Contractor in its offer; and

 

              (2)  Do not include contingency allowances to pay for possible increases in wage rates or material prices.

 

      (b)  If wage rates or material prices are revised by the government named in paragraph (a) of this clause, the Contracting Officer shall make an equitable adjustment in the contract price and shall modify the contract to the extent that the Contractor’s actual costs of performing this contract are increased or decreased, as a direct result of the revision, subject to the following:

 

              (1)  For increases in established wage rates or material prices, the increase in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause increased the applicable wage rate(s) or material price(s), but only if the Contracting Officer receives the Contractor’s written request for contract adjustment within 10 days of the change.  If the Contractor’s request is received later, the effective date shall be the date that the Contracting Officer received the Contractor’s request.

 

              (2)  For decreases in established wage rates or material prices, the decrease in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause decreased the applicable wage rate(s) or material price(s).  The decrease in contract unit price(s) shall apply to all items delivered on and after the effective date of the government’s rate or price decrease.

 

      (c)  No modification changing the contract unit price(s) shall be executed until the Contracting Officer has verified the applicable change in the rates or prices set by the government named in paragraph (a) of this clause.  The Contractor shall make available its books and records that support a requested change in contract price.

 

      (d)  Failure to agree to any adjustment shall be a dispute under the Disputes clause of this contract.

 

(End of clause)

 

252.216–7004  Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.

As prescribed in 216.406, use the following clause:

 

AWARD FEE REDUCTION OR DENIAL FOR JEOPARDIZING THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL
(SEP 2011)

 

      (a)  Definitions. As used in this clause—

 

      “Covered incident”–

 

              (i)  Means any incident in which the Contractor, through a criminal, civil, or administrative proceeding that results in a disposition listed in paragraph (a) (ii) of this definition –

 

                    (A)  Has been determined in the performance of this contract to have caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel; or

 

                    (B)  Has been determined to be liable for actions of a subcontractor of the Contractor that caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel.

 

              (ii)  Includes those incidents that have resulted in any of the following dispositions:

 

                    (A)  In a criminal proceeding, a conviction.

 

                    (B)  In a civil proceeding, a finding of fault or liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damage of $5,000 or more.

 

                    (C)  In an administrative proceeding, a finding of fault and liability that results in –

 

                            (1)  The payment of a monetary fine or penalty of $5,000 or more; or

 

                            (2)  The payment of a reimbursement, restitution, or damages in excess of $100,000.

 

                    (D)  In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in subparagraphs (a)(ii)(A), (a) (ii)(B), or (a)(ii)(C).

 

                    (E)  In a DoD investigation of the Contractor or its subcontractors at any tier not subject to the jurisdiction of the U.S. courts, a final determination by the Secretary of Defense of Contractor or subcontractor fault (see DFARS 216.405-2-70).

 

      “Serious bodily injury” means a grievous physical harm that results in a permanent disability.

 

      (b)  If, in the performance of this contract, the Contractor’s or its subcontractor’s actions cause serious bodily injury or death of civilian or military Government personnel, the Government may reduce or deny the award fee for the relevant award fee period in which the covered incident occurred, including the recovery of all or part of any award fees paid for any previous period during which the covered incident occurred.

 

(End of clause)

 

252.216-7005  Award Fee.

As prescribed in 216.406(e)(2), insert the following clause:

 

AWARD FEE (FEB 2011)

 

The Contractor may earn award fee from a minimum of zero dollars to the maximum amount stated in the award-fee plan in this contract. In no event will award fee be paid to the Contractor for any evaluation period in which the Government rates the Contractor’s overall cost, schedule, and technical performance below satisfactory. The Contracting Officer may unilaterally revise the award-fee plan prior to the beginning of any rating period in order to redirect contractor emphasis.

 

(End of clause)

 

252.216-7006  Ordering.

As prescribed in 216.506(a), use the following clause:

 

ORDERING (MAY 2011)

 

(a)  Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from __________ through ____________ [insert dates].

 

(b)  All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

 

(c)(1)  If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

 

      (2)  If mailed or transmitted by facsimile, a delivery order or task order is considered “issued”when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

 

      (3)  Orders may be issued orally only if authorized in the schedule.

 

(End of clause)

 

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

As prescribed in 216.203-4-70(a)(2), use the following provision:

 

ECONOMIC PRICE ADJUSTMENT—BASIC STEEL, ALUMINUM, BRASS, BRONZE, OR COPPER MILL PRODUCTS—REPRESENTATION (MAR 2012)

 

      (a)  Definitions.  The terms “established price” and “unit price,” as used in this provision, have the meaning given in the clause 252.216-7000, Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products.

 

      (b)  By submission of its offer, the offeror represents that the unit price stated in this offer for ______________________(Identify the item) is not in excess of the offeror’s established price in effect on the date set for opening of bids (or the contract date if this is to be a negotiated contract) for like quantities of the same item. This price is the net price after applying any applicable standard trade discounts offered by the offeror from its catalog, list, or schedule price.

 

(End of provision)

 

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

As prescribed in 216.203-4-70(c)(2), use the following provision:

 

ECONOMIC PRICE ADJUSTMENT—WAGE RATES OR MATERIAL PRICES CONTROLLED BY A FOREIGN GOVERNMENT—REPRESENTATION (MAR 2012)

 

      (a)  By submission of its offer, the offeror represents that the prices set forth in this offer—

 

              (1)  Are based on the wage rate(s) or material price(s) established and controlled by the government of __________________________ (Offeror insert name of host country); and

 

              (2)  Do not include contingency allowances to pay for possible increases in wage rates or material prices.

 

(End of provision)

 

252.216-7009  Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding.

As prescribed in 216.307(a), use the following clause:

 

ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A WHISTLEBLOWER PROCEEDING (SEP 2013)

 

Pursuant to section 827 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), notwithstanding FAR clause 52.216-7, Allowable Cost and Payment—

 

      (1)  The restrictions of FAR 31.205-47(b) on allowability of costs related to legal and other proceedings also apply to any proceeding brought by a contractor employee submitting a complaint under 10 U.S.C. 2409, entitled “Contractor employees: protection from reprisal for disclosure of certain information;” and

 

      (2)  Costs incurred in connection with a proceeding that is brought by a contractor employee submitting a complaint under 10 U.S.C. 2409 are also unallowable if the result is an order to take corrective action under 10 U.S.C. 2409.

 

(End of clause)

 


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