Amendment Of Solicitation/modification Of Contract (Page 29 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-14-D-7823

EX01

27 of 38

(i) the estimated cost specified in the Schedule or,

(ii) if this is a cost-sharing contract, the estimated cost to the Government specified in the Schedule; and

(2) The Contractor is not obligated to continue performance under this contract (including actions under the

Termination clause of this contract) or otherwise incur costs in excess of the estimated cost specified in the

Schedule, until the Contracting Officer

(i) notifies the Contractor in writing that the estimated cost has been increased and

(ii) provides a revised estimated total cost of performing this contract. If this is a cost-sharing contract, the increase

shall be allocated in accordance with the formula specified in the Schedule.

(e) No notice, communication, or representation in any form other than that specified in subparagraph (d)(2) above,

or from any person other than the Contracting Officer, shall affect this contract’s estimated cost to the Government.

In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in

excess of the estimated cost or, if this is a cost-sharing contract, for any costs in excess of the estimated cost to the

Government specified in the Schedule, whether those excess costs were incurred during the course of the contract or

as a result of termination.

(f) If the estimated cost specified in the Schedule is increased, any costs the Contractor incurs before the increase that

are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless

the Contracting Officer issues a termination or other notice directing that the increase is solely to cover termination

or other specified expenses.

(g) Change orders shall not be considered an authorization to exceed the estimated cost to the Government specified

in the Schedule, unless they contain a statement increasing the estimated cost.

(h) If this contract is terminated or the estimated cost is not increased, the Government and the Contractor shall

negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of

costs incurred by each.

(End of Clause)

52.232-22 -- Limitation of Funds.

(a) The parties estimate that performance of this contract will not cost the Government more than

(1) the estimated cost specified in the Schedule or,

(2) if this is a cost-sharing contract, the Government’s share of the estimated cost specified in the Schedule. The

Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this

contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government’s and the

Contractor’s share of the cost.

(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this

contract, the items covered, the Government’s share of the cost if this is a cost-sharing contract, and the period of

performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot

additional funds incrementally to the contract up to the full estimated cost to the Government specified in the

Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the

point at which the total amount paid and payable by the Government under the contract approximates but does not

exceed the total amount actually allotted by the Government to the contract.

expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75

percent of

(1) the total amount so far allotted to the contract by the Government or,

(2) if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the

Contractor’s corresponding share. The notice shall state the estimated amount of additional funds required to

Amendment Of Solicitation/modification Of Contract Page 29

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