Low RiskFARGeneral

52.241-8Change in Rates or Terms and Conditions of Service for Unregulated Services.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.241-8 — Change in Rates or Terms and Conditions of Service for Unregulated Services.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services. 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agrees that throughout the life of this contract the rates so negotiated will not be in excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions of use and service.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) [59 FR 67024, Dec. 28, 1994]

Source: eCFR, 48 CFR 52.241-8 (https://www.ecfr.gov/current/title-48/section-52.241-8)

Compliance Checklist

  • (c) The effective date of any change shall be as agreed to by the parties.
  • (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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.