52.232-22 Limitation of Funds.

As prescribed in 32.706-2(b), insert the following clause. The 60-day period may be varied from 30 to

90 days and the 75 percent from 75 to 85 percent. "Task Order" or other appropriate designation

may be substituted for "Schedule" wherever that word appears in the clause:

Limitation of Funds (Apr 1984)

(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 costsharing 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.

(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe

that the costs it 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 continue performance for the period specified in the

Schedule.

(d) Sixtydays 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 paragraph

(f)(2) of this clause, 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 percentage of the fee specified in the Schedule equalling the percentage of

completion of the work contemplated by this contract.

(End of clause)

Parent topic: 52.232 [Reserved]