52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services
Source: FAR 52.241-8 on acquisition.gov
For unregulated services, rate or service changes must be requested in writing, negotiated bilaterally, kept no higher than comparable customer rates, and finalized through a contract modification.
Overview
- FAR 52.241-8 establishes the contract mechanism for changing rates or service terms for unregulated utility or similar services provided under a Government contract.
- It is used when the services are not subject to oversight by a regulatory body, so the parties must rely on negotiated contract procedures rather than tariff-based adjustments.
Key Rules
- Applicability to unregulated services
- The clause applies only to the portion of services furnished under the contract that are not regulated by a public utility commission or other regulatory authority.
- Written request and negotiations
- After the contract-specified date, either party may request changes in rates or terms and conditions of service. The request must be in writing, describe the proposed changes, and explain the reasons for them. Both parties must enter negotiations upon receipt.
- Effective date and pricing limitation
- Any change becomes effective only on a date agreed to by both parties. Negotiated rates may not exceed the contractor’s published or unpublished rates charged to other customers of the same class under similar service conditions.
- Disputes and contract modification
- If the parties cannot agree after a reasonable time, the matter is handled under the contract’s Disputes clause. Any agreed change must be incorporated through a formal contract modification.
Responsibilities
- Contracting Officers: evaluate written change requests, negotiate terms, ensure price reasonableness, and issue a modification for agreed changes.
- Contractors: submit supported written requests, negotiate in good faith, and ensure negotiated rates do not exceed comparable customer rates.
- Agencies: administer disputes under the Disputes clause and maintain contract documentation.
Practical Implications
- This clause gives both parties a structured path to adjust unregulated service arrangements without unilateral rate changes.
- Contractors should maintain support for comparable commercial rates and avoid implementing changes before a signed modification.
- A common pitfall is treating negotiations as sufficient authority; the contract must be formally modified before changes are part of the agreement.
As prescribed in 41.501(d)(2), insert a clause substantially the same as the following:
Change in Rates or Terms and Conditions of Service for Unregulated Services (Feb 1995)
(a) This clause applies to the extent that services furnished hereunder are not subject to regulation by a regulatory body.
(b) After ___________ [insert date], either party may request a change in rates or terms and conditions of service, unless otherwise provided in this contract. Both parties agree to enter in negotiations concerning such changes upon receipt of a written request detailing the proposed changes and specifying the reasons for the proposed changes.
(c) The effective date of any change shall be as agreed to by the parties. The Contractor agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service.
(d) The failure of the parties to agree upon any change after a reasonable period of time shall be a dispute under the Disputes clause of this contract.
(e) Any changes to rates, terms, or conditions as a result of such negotiations shall be made a part of this contract by the issuance of a contract modification.
(End of clause)