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    Under 16.203-4, there are several locations, such as 16.203-4(a)(2), that state “the contracting officer may use ”AN” agency-prescribed clause instead of the clause” Under these circumstances, can I use ANY agency-prescribed clause or am I locked out of all clauses except my own agency clauses. I work for the DOD / Army. Further, I am very interested in FAR 16.203-4(d) Adjustments based on cost indexes. I feel this would be ideal for a long term food contract. That being said, there does not appear to be a clause “ready to use” under FAR 16.203-4(d). Apparently, you are instructed to make up your own clause. For example FAR 16.203-4(d)(d), at the end, states “no standard clause is prescribed. Therefore if I were to make my own clause, what number would it be?? Such as 52.216-X. Again I am DOD / Army, can I simply borrow the VA’s Clause as prescribed in VAAR (Veterans Affairs Acquisition Regulations) 816.203-4(e)(1) Clause 852.216-71?


    Answer

    1) Defense Pricing & Contracting (DPC) published policy relevant to your question on 25 May 2022 "Guidance on Inflation and Economic Price Adjustments" published at https://www.acq.osd.mil/dpap/policy/policyvault/USA000999-22-DPC.pdf

    This memorandum provides guidance to assist Contracting Officers in understanding the impacts of inflation on existing contracts, as well as considerations for the proper use of economic price adjustments (EPA) clauses to manage the risk of inflation, when appropriate, in the formation of prospective contracts.

    2) Refer to AFARS 5116.203-4 Contract clauses.
    (In general, no, you cannot generally use the VA's clauses in Army contracts; you should first look if your  senior contracting officials (SCO) has perscribed clauses for use in your activity)

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