As prescribed in 45.106(106) insert the following clause:
SIZED ITEMS (Jul 2008) - DLAD
(a) Contracts for quantities less than the quantity solicited for each destination shall be in the same ratio to the total quantity solicited for each size by destination in the solicitation, except that when the total quantity herein specified for any size is determined by the contracting officer to be impractical for pro-rating between Contractors, the Government reserves the right to award such total quantity to any one Contractor. Unless otherwise specifically permitted in the solicitation, offers limited to selected sizes only or quantities of sizes not in the same ratio as the stated tariff of sizes by destination will not be considered for award.
(b) The Contractor shall make all shipments in even case lots limited to one size. In the event that monthly delivery requirements result in less than case lot quantities remaining for shipment at the end of any one month, the Contractor shall hold said quantity until even case lot quantity is obtained. Where shipment in an even case lot quantity for each size is impracticable because it is the final shipment, the Contractor may ship less than an even case lot quantity for each size and may mix different sizes within the same carton.
(c) Changes:
Sizes and/or quantities of each size awarded are subject to change by the contracting officer. The Government and the Contractor agree that the monetary adjustment shall be limited to the value of the saving or excess in material usage. (No adjustment shall be made for labor, overhead, freight, package and packaging.) The savings or excess usage shall be determined as follows:
(1) Clothing (except for items in Para (2) below):
The material usage shall be computed by multiplying the number of square inches for each size being increased, decreased by the number of items being changed in that size. The difference between the total increase and the total decrease in square inches represents the savings or excess in material usage for the change in sizes. This excess or savings in usage shall be first converted to linear yards using the appropriate fabric width, and then converted into dollars using the cost per yard of the material(s). (NOTE: On Government-furnished Material (GFM) contracts, the material width(s) specified in clause 52.245-9011 of the contract shall be used; on Contractor
-furnished Material (CFM) contracts, the width as verified by the Contractor's invoices or the Government's physical inspection of the material(s) shall be used.) The resultant amount shall be the sole equitable adjustment in contract price for the size change. In the event the total square inches for each size change are not included in the contract, the Government will compute the square inches involved and determine the adjustment in accordance with the above procedures.
(i) On contracts where GFM is utilized and the change in sizes affects the usage requirement, payments shall be made by a modification crediting the Contractor's material usage account where the usage requirement increases, and charging the Contractor's material usage account where usage requirement decreases.
(ii) On CFM contracts where the change in sizes affects the usage requirements of the CFM, payment shall be effected by a modification either increasing or decreasing the contract price whichever is appropriate in CFM contracts.
(2) Knitwear, Rubber Footwear, Equipage (i.e. accessory) Items, Protective Clothing, and Protective Gloves: Any such change shall be deemed to be a change within the purview of the "Changes" provision.
(3) Leather Footwear: The material usage for any given size which has been changed, compute as follows: (see chart below)
(i) Multiply the point value of the size being changed by the quantity being changed;
(ii) Multiply the point value of the new size by the quantity being changed;
(iii) Determine the difference between (i) and (ii) above to arrive at the net points gained or lost;
(iv) The excess or savings shall be converted to dollars by multiplying the net points gained or lost by the unit cost. This figure will then be multiplied by 2%. The resultant total shall be the sole equitable adjustment.
NOTE: When utilizing Point Value Table, the following will apply:
Extra narrow will be computed using Narrow.
Extra Wide will be computed using Wide.
Half Sizes will be computed using the Next Higher Size.
POINT VALUE
TABLE LEATHER FOOTWEAR
SIZE POINT VALUE SIZE POINT VALUE
3N 1/2 10N 7
4N 1 10R 7-1/2
4R 1-1/2 10W 8
4W 2 11N 8
5N 2 11R 8-1/2
5R 2-1/2 11W 9
5W 3 12N 9
6N 3 12R 9-1/2
6R 3-1/2 12W 10
6W 4 13N 10
7N 4 13R 10-1/2
7R 4-1/2 13W 11
7W 5 14N 11
8N 5 14R 11-1/2
8R 5-1/2 14W 12
8W 6 15N 12
9N 6 15R 12-1/2
9R 6-1/2 15W 13
9W 7
(v) An additional adjustment will be made where size changes require expenditures for leather component materials beyond the quantity and/or unit price originally committed and contracted. At the time of a change in sizes, the Contractor shall provide documentation regarding the market price of hides and leather footage costs both at time of offer and at the time the size change was directed. (The Contractor's supportive invoices for the additional quantity, together with the invoice for the original material will be considered satisfactory documentation.)
(d) However, where, as a result of the change in sizes, work in process, residual inventory (i.e., components, raw materials, etc.), and/or means of production (i.e., markers, dies, etc.) cannot be utilized, an adjustment will be made to compensate the Contractor for the direct costs expended. (If Government-furnished Property is involved, material credit will be given for work in process). In the event an adjustment is made, the contracting officer shall have the right to prescribe the manner of disposition of the property for which the Contractor has been compensated.
(e) The method of adjusting for size changes indicated above will also be applied to pattern changes.
(End of Clause)
