Amendment Of Solicitation/modification Of Contract (Page 30 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-14-D-7823

EX01

28 of 38

continue performance for the period specified in the Schedule.

(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting

Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under

the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be

required.

(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another

agreed-upon date, upon the Contractor’s written request the Contracting Officer will terminate this contract on that

date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the

funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in

its request, and the Contracting Officer may terminate this contract on that later date.

(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this

clause --

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount

allotted by the Government to this contract; 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 –

(i) The amount then allotted to the contract by the Government or;

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

Contractor’s corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount

allotted by the Government has been increased and specifies an increased amount, which shall then constitute the

total amount allotted by the Government to this contract.

(g) The estimated cost shall be increased to the extent that

(1) the amount allotted by the Government or,

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

Contractor’s corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing

contract, the increase shall be allocated in accordance with the formula specified in the Schedule.

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

from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this

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

costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of

the contract or as a result of termination.

(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the

Contractor incurs before the increase that are in excess of --

(1) The amount previously allotted by the Government or;

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

Contractor’s corresponding share, shall be allowable to the same extent as if incurred afterward, unless the

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

other specified expenses.

(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government

specified in the Schedule, unless they contain a statement increasing the amount allotted.

(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is

terminated, 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.

(l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a

Amendment Of Solicitation/modification Of Contract Page 30

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