Skip to content

Glossary

De-escalation

De-escalation is the downward half of a price adjustment clause: when the chosen index falls below its base value, the covered portion of the price is reduced by the same ratio mechanism that would have raised it.

Also called: downward adjustment, price decrease clause, two-way escalation.

A clause that only adjusts upward is an escalation clause; a clause that adjusts both ways is symmetric, and the downward direction is de-escalation. If a base index of 130 falls to 108, the ratio is 108 / 130 = 0.83, and 17 percent of the covered scope is removed rather than added.

Buyers ask for symmetry so they are not paying inflated prices after an input has come back down. Sellers sometimes accept de-escalation only below a floor, so a moderate fall changes nothing and only a large fall gives money back.

De-escalation and a cap are independent choices: a clause can be symmetric with no cap, or upward-only with a cap.

See the de-escalation clause explainer and cap and floor.

Related terms

Economic price adjustment (EPA)

Economic price adjustment is the US federal government's term for a price escalation clause in a fixed-price contract. The Federal Acquisition Regulation defines three standard EPA clauses at FAR 52.216-2, -3, and -4.

Employment Cost Index (ECI)

The Employment Cost Index measures the change in employer labor cost, wages plus benefits, holding the mix of jobs fixed. Labor-heavy service and construction contracts use it to escalate the workforce portion of a price without re-pricing the whole contract.

Escalation clause

An escalation clause (also called a price escalation clause or price adjustment mechanism) is contract language that adjusts a price up or down over time using a named index, a formula, and a schedule, so neither party carries the full risk of cost changes between signing and delivery.

Escalation factor

The escalation factor is the multiplier a clause produces by dividing the current index value by the base index value. A factor of 1.10 means a 10 percent increase; it is applied to the covered portion of the price, not always the whole contract.

See this term in a real clause

Paste an escalation clause into the analyzer and Escalake shows the formula it implies, the terms it leaves undefined, and a drafting risk score.