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  • Question

    Is there an EPA clause that would look at more than two months that would give more meaningful result based on current market conditions.


    Answer

    You can tailor the clause to include indexes for more than two months, with adequate justification. There is no indication in the DLAD that the clause you reference cannot be tailored. As a general rule, unless an action is specifically prohibited by regulation (e.g., FAR/DFARS/DLAD in your case) or violates a law, the contracting officer can implement it if it makes good business sense.

    You may want to check with your cognizant contract policy office if there is a compelling reason why you cannot tailor the clause to fit your specific acquisition situation.

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