Overview
This section prescribes the specific clauses that contracting officers must or may include in fixed-price contracts to manage variations in quantities for supplies, services involving supplies, and construction projects.
Key Rules
- Mandatory Variation Clause (Supplies): The contracting officer must insert clause 52.211-16, Variation in Quantity, in fixed-price solicitations and contracts for supplies (or services furnishing supplies) if a variation in quantity is authorized.
- Optional Excess Quantities Clause: The contracting officer has the discretion to include clause 52.211-17, Delivery of Excess Quantities, in fixed-price supply contracts to define how over-shipments are handled.
- Mandatory Construction Clause: The contracting officer must insert clause 52.211-18, Variation in Estimated Quantity, in fixed-price construction contracts that utilize unit pricing and authorize variations in estimated quantities.
Practical Implications
- These clauses provide a standardized regulatory framework for handling delivery discrepancies, reducing the need for formal contract modifications when quantities deviate within authorized limits.
- Contractors must pay close attention to which clause is included, as it dictates whether the government will accept and pay for items delivered in excess of the specified contract amount.