FAR and DFARS › FAR Part 16: Types of Contracts › Subpart 16.2

FAR 16.203-2 Application.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains when a fixed-price contract with economic price adjustment may be used: when market or labor conditions are seriously uncertain over an extended performance period and the contingencies can be identified and covered separately. It also sets rules for how the contracting officer establishes the base level for adjustments. Contractors should understand that adjustments are limited to certain types of contingencies and that the base price must not double-count contingency allowances.

Applies to: Fixed-price contracts with economic price adjustment

Key terms: fixed-price contract with economic price adjustment · base level · contingency allowances · certified cost or pricing data · sealed bid contracts

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

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.

Sections it refers to

← 16.203-1 Description. · 16.203-3 Limitations. →

Rule changes for FAR Part 16

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 16.203-2 Application · SpendQuery