**Additional General Provision Clauses**

(For Full Text Inclusion in Paragraph 3 of Section G)

LANL 202 Facilities Capital Cost of Money (Jun 2002)

Facilities capital cost of money will be an allowable cost under the
contemplated subcontract, if the criteria for allowability in
subparagraph 31.205‑10(a)(2) of the FAR are met and facilities capital
cost of money was included in the offer resulting in the subcontract.

LANL 204 Limitation of University\'s Obligation (Fixed-Price) (Oct 2003)

> \(a\) Of the total price of the items listed in the schedule, the sum
> listed in the schedule is presently available for payment and allotted
> to the subcontract. It is anticipated that from time to time
> additional funds will be allotted to the subcontract until the total
> price of these items is allotted.
>
> \(b\) The Subcontractor agrees to perform or have performed work on
> the items up to the point at which, in the event of termination of the
> subcontract pursuant to the Termination for Convenience clause of the
> subcontract, the total amount payable by the University (including
> amounts payable in respect to lower‑tier subcontracts and settlement
> costs) pursuant to paragraph (f) of the Termination for Convenience
> clause would, in the exercise of reasonable judgment by the
> Subcontractor, approximate the total amount of the time allotted to
> the subcontract. The Subcontractor will not be obligated to continue
> performance of the work beyond that point. The University will not be
> obligated in any event to pay or reimburse the Subcontractor in excess
> of the amount from time to time allotted to the subcontract,
> regardless of anything to the contrary in the Termination for
> Convenience clause of the subcontract.
>
> \(c\) It is contemplated that the funds presently allotted to the
> subcontract will cover the work to be performed, as limited by the
> provisions of (b) above, until the date specified in of the
> subcontract schedule. If funds allotted are considered by the
> Subcontractor to be inadequate to cover the work to be performed until
> the above date, the Subcontractor will notify the University in
> writing when, within the next 30 days, the work will reach a point at
> which, in the event of termination of the subcontract pursuant to the
> Termination for Convenience clause of the subcontract, the total
> amount payable by the University (including amount payable in respect
> of lower‑tier subcontracts and settlement costs), pursuant to
> paragraph (e) of this clause, will approximate 85 percent of the total
> amount then allotted to the subcontract. The notice will state
>
> \(i\) the estimated date when that point will be reached, and
>
> \(ii\) the estimated amount of additional funds required to continue
> performance to the above date.
>
> After such latter notification, the Subcontractor shall advise the
> University in writing as to the estimated amount of additional funds
> which will be required for the timely performance of the subcontract
> for a further period as may be specified in the subcontract or
> otherwise agreed to by the parties. If additional funds are not
> allotted by the date above written, the University will, upon written
> request of the Subcontractor, terminate the subcontract on that date
> or the date set forth in the request, whichever is later, pursuant to
> the provisions of the Termination for Convenience clause of the
> subcontract.
>
> \(d\) When additional funds are allotted from time to time for
> continued performance of the work under the subcontract, the parties
> will agree as to the applicable period of subcontract performance that
> will be covered by the funds. The provisions of (b) and (c) above will
> apply in like manner to the additional allotted funds, and the
> subcontract will be amended accordingly.
>
> \(e\) If the Subcontractor incurs additional costs or is delayed in
> the performance of the work under the subcontract solely by reason of
> failure of the University to allot additional funds in amounts
> sufficient for timely performance of the subcontract, and if
> additional funds are allotted, an equitable adjustment will be made in
> the price or prices (including appropriate target, billing, and
> ceiling prices where applicable) of the items or in the time of
> delivery or both. Failure to agree to any such equitable adjustment
> hereunder will be a dispute within the meaning of the Disputes clause.
>
> \(f\) The University may at any time before termination and, with the
> consent of the Subcontractor after notice of termination, allot
> additional funds for the subcontract.
>
> \(g\) The provisions of this clause with respect to termination will
> not be deemed to limit the rights of the University under the Default
> clause. The provisions of this clause are limited to the work on and
> obligation of funds for the items set forth in (a) above. This clause
> will become inoperative upon the obligation of funds for the total
> price of the work except for rights and obligations then existing
> under this clause.
>
> \(h\) Nothing in the clause affects the right of the University to
> terminate this subcontract pursuant to the Termination for Convenience
> clause.

LANL 205 Limitation of University\'s Obligation (Time-and-Materials and
Labor‑Hour Subcontracts) (Oct 2003)

> \(a\) It is estimated that the total payment to the Subcontractor by
> the University for performance of the subcontract will not exceed the
> estimated amount set forth in the schedule, and the Subcontractor
> agrees to use the best efforts to perform the work specified in the
> schedule and all obligations under the subcontract within such
> estimated amount.
>
> \(b\) The sum presently available for payment and allotted to the
> subcontract, the goods covered by it, and the period of performance
> that is estimated the allotted amount will cover are specified in the
> schedule. It is anticipated that from time to time additional funds
> will be allotted to the subcontract up to the full estimated amount.
> When additional funds are allotted from time to time for continued
> performance of the work, the parties will agree about the applicable
> estimated period of subcontract performance that will be covered by
> the funds, and the schedule will be amended accordingly. The
> Subcontractor agrees to perform or have performed work on the
> subcontract up to the point at which, if the subcontract is terminated
> for the convenience of the University pursuant to the Termination
> clause, the total amount paid and payable by the University pursuant
> to paragraph (f) of the Termination clause would, in the exercise of
> reasonable judgment by the Subcontractor, approximate the total amount
> at the time allotted to the subcontract. The Subcontractor will not be
> obligated to continue performance of the work beyond that point.
>
> \(c\) The University will not be obligated to make any payment to the
> Subcontractor including payment with respect to lower‑tier
> subcontracts and termination settlement costs exceeding the total
> amount from time to time allotted to this subcontract. However, when
> and to the extent that the total amount allotted to this subcontract
> has been increased, any invoice or voucher for time or materials with
> respect to a period before the increase and exceeding the amount
> previously allotted, will be paid as if the invoice or voucher were
> for time or materials with respect to a period after the increase in
> amount allotted.
>
> \(d\) If funds allotted are considered by the Subcontractor to be
> inadequate to cover the work to be performed for the period set forth
> in the schedule, the Subcontractor will notify the University in
> writing within the next 30 days when the work will reach a point at
> which, if the subcontract is terminated for the convenience of the
> University pursuant to the Termination clause, the total amount paid
> and payable by the University pursuant to paragraph (e) of the clause
> will approximate 85 percent of the total amount then allotted to the
> subcontract. The notice will state the estimated date when that point
> will be reached and the estimated amount of additional funds required
> to continue performance for the period set forth in the schedule.
> Thirty days before the end of the period specified in the schedule,
> the Subcontractor will advise the University in writing about the
> estimated amount of additional funds that will be required, on the
> basis of the obligation of performance stated in paragraph (b) above
> for the timely performance of the work under the subcontract for such
> further period that may be specified in the schedule or otherwise
> agreed to by the parties. If, after such notification, additional
> funds are not allotted by the end of the period set forth in the
> schedule or by an agreed substitute date and upon written request of
> the Subcontractor, the University will terminate the subcontract on
> that date or on a date to be specified in the request on which the
> Subcontractor, in the exercise of its reasonable judgment, estimates
> that it will have discharged its obligation to perform as stated in
> paragraph (b) above, whichever is later, pursuant to the provision of
> the Termination clause.
>
> \(e\) When additional funds are allotted from time to time for
> continued performance of the work under the subcontract, the parties
> will be covered by such funds. The provisions of paragraphs (b), (c),
> and (d) above will apply in like manner to the additional allotted
> funds and substituted date, and the subcontract will be amended
> accordingly.
>
> \(f\) At any time before termination, the University may allot
> additional funds for the subcontract and, with the consent of the
> Subcontractor and after notice of termination, may rescind the
> termination in whole or in part and allot additional funds for this
> subcontract.
>
> \(g\) Nothing in this clause will affect the right of the University
> to terminate the subcontract pursuant to the Termination clause.
>
> \(h\) For the purpose of this clause, the allotment or allotments
> specified in the schedule will not be decreased without the consent of
> the Subcontractor.
>
> \(i\) This clause will apply and paragraph (c) of the Payments Under
> Time‑and‑Materials and Labor‑Hour Subcontracts clause will not apply
> until such time that an amount equal to the total estimated amount of
> the subcontract set forth in the schedule is allotted to the
> subcontract, and thereafter paragraph (d) of the Payments Under
> Time‑and‑Materials and Labor‑Hour Subcontracts clause will apply and
> this clause will not apply.

LANL 206 Limitation of University\'s Obligation under Time-and-Materials
and Labor-Hour Task Ordering Agreements (Oct 2003)

> \(a\) It is estimated that the total payment to the Subcontractor by
> the University for performance of the subcontract will not exceed the
> ceiling price amounts of task orders issued pursuant to the
> subcontract or the ceiling price amount of the subcontract. The
> Subcontractor agrees to use its best efforts to perform the work
> specified in the task orders issued hereunder and all obligations
> under the subcontract within such estimated amounts.
>
> \(b\) The sum presently available for payment and allotted to the
> subcontract, the goods covered thereby, and the period of performance
> that is estimated the allotted amount will cover will be specified in
> the task orders. If task orders are not fully funded when they are
> issued, it is anticipated that from time to time additional funds will
> be allotted to such task orders up to their full estimated amount.
> When additional funds are allotted from time to time for continued
> performance of the work, the parties will agree about the applicable
> estimated period of performance that will be covered by the funds, and
> the task order will be amended accordingly. The Subcontractor agrees
> to perform or have performed work on the subcontract up to the point
> at which, if the subcontract is terminated for the convenience of the
> University pursuant to the Termination clause, the total amount paid
> and payable by the University pursuant to paragraph (f) of the
> Termination clause would, in the exercise of reasonable judgment by
> the Subcontractor, approximate the total amount at the time allotted
> to the subcontract. The Subcontractor will not be obligated to
> continue performance of the work beyond that point.
>
> \(c\) The University will not be obligated to make any payment to the
> Subcontractor including payment in respect to lower‑tier subcontracts
> and termination settlement costs exceeding the total amount from time
> to time allotted to task orders under the subcontract. However, when
> and to the extent that the total amount allotted to a task order has
> been increased, any invoice or voucher for time or materials with
> respect to a period before to the increase and exceeding the amount
> previously allotted will be paid as if the invoice or voucher were for
> time or materials with respect to a period after the increase in
> amount allotted.
>
> \(d\) If the Subcontractor considers funds allotted to be inadequate
> to cover the work to be performed for the period set forth in a task
> order, the Subcontractor will notify the University in writing within
> the next 30 days when the work will reach a point at which, if the
> subcontract is terminated for the convenience of the University
> pursuant to the Termination clause, the total amount paid and payable
> by the University pursuant to paragraph (e) of the clause will
> approximate 85 percent of the total amount then allotted to the task
> order. The notice will state the estimated date when that point will
> be reached and the estimated amount of additional funds required to
> continue performance for the period set forth in the task order.
> Thirty days before the end of the period specified in the task order,
> the Subcontractor will advise the University in writing about the
> estimated amount of additional funds that will be required, on the
> basis of the obligation of performance stated in paragraph (b) above,
> for the timely performance of the work under the task order for such
> further period that may be specified in the task order or otherwise
> agreed to by the parties. If, after such notification, additional
> funds are not allotted by the end of the period set forth in the task
> order or by an agreed substitute date and upon written request of the
> Subcontractor, the University will terminate the task order on that
> date or on a date to be specified in the request on which the
> Subcontractor in the exercise of its reasonable judgment estimates
> that it will have discharged its obligation to perform as stated in
> paragraph (b) above, whichever is later, pursuant to the provision of
> the Termination clause.
>
> \(e\) When additional funds are allotted from time to time for
> continued performance of the work under the subcontract, the parties
> will be covered by such funds. The provisions of paragraphs (b), (c),
> and (d) above will apply similarly to the additional allotted funds
> and substituted date, and the subcontract will be amended accordingly.
>
> \(f\) At any time prior to termination, the University may allot
> additional funds for the subcontract and, with the consent of the
> Subcontractor and after notice of termination, may rescind the
> termination in whole or in part and allot additional funds for the
> subcontract.
>
> \(g\) Nothing in this clause will affect the right of the University
> to terminate the subcontract pursuant to the Termination clause.
>
> \(h\) For the purpose of this clause, the allotment or allotments
> specified in a task order will not be decreased without the consent of
> the Subcontractor.
>
> \(i\) This clause will apply and paragraph (c) of the Payments Under
> Time‑and‑Materials and Labor‑Hour Subcontracts clause will not apply
> until such time that an amount equal to the ceiling price amount of
> each task order is allotted to each respective task order, and
> thereafter paragraph (d) of the Payments Under Time‑and‑Materials and
> Labor‑Hour Subcontracts clause will apply and this clause will not
> apply.

**LANL 707 Insurance\--Subcontracts Subject to Cost Accounting
Standards** (Sep 2004)

The Subcontractor shall provide and maintain during the entire period of
performance of the subcontract insurance in amounts sufficient to cover
the perils to which the Subcontractor is exposed and to protect the
University's and the Government's interests, but, in no event less than
the kinds and minimum amounts of insurance required by this clause. The
Subcontractor's liability is not limited by the kinds and minimum
amounts of insurance required by this clause.