52.211-16 Variation in Quantity
Source: FAR 52.211-16 on acquisition.gov
FAR 52.211-16 allows limited, contract-specified variations in delivered quantities only for certain causes, requiring strict adherence to the stated percentage limits and designated items.
Overview
FAR 52.211-16, "Variation in Quantity," establishes the conditions under which a contractor may deliver a quantity of goods that varies from the exact amount specified in the contract. The clause allows for a permissible variation in quantity only if the variation results from loading, shipping, packing, or manufacturing process allowances, and only within the limits specified by the contracting officer in the contract. The clause requires the contracting officer to specify the allowable percentage increase and decrease, as well as the specific items or quantities to which the variation applies (e.g., total contract quantity, specific items, delivery schedule quantities, or destination totals). Any variation outside these specified limits is not acceptable under the contract terms.
Key Rules
- Permissible Variation Only for Specific Causes
- Variations in quantity are only allowed if caused by loading, shipping, packing, or manufacturing process allowances.
- Limits Must Be Specified in Contract
- The contract must state the allowable percentage increase and decrease, and designate the items or quantities to which these limits apply.
- No Other Variations Accepted
- Any variation not caused by the specified reasons or exceeding the stated limits is not permitted.
Responsibilities
- Contracting Officers: Must specify the allowable percentage variation and the applicable items or quantities in the contract.
- Contractors: Must ensure delivered quantities stay within the permissible variation limits and are only due to the specified causes.
- Agencies: Should monitor contract compliance and ensure variations are justified and within the stated limits.
Practical Implications
- This clause provides flexibility for minor, unavoidable variations in quantity due to practical issues in shipping or manufacturing.
- Contractors must carefully track quantities and causes of variation to avoid non-compliance.
- Failure to adhere to the specified limits can result in rejection of excess or short deliveries and potential contract disputes.
As prescribed in 11.703(a), insert the following clause:
Variation in Quantity (Apr 1984)
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.
(b) The permissible variation shall be limited to:
___ Percent increase [Contracting Officer insert percentage]
___ Percent decrease [Contracting Officer insert percentage]
This increase or decrease shall apply to ____________.*
* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as-
(1) The total contract quantity;
(2) Item1 only;
(3) Each quantity specified in the delivery schedule;
(4) The total item quantity for each destination; or
(5) The total quantity of each item without regard to destination.
(End of clause)