Electronic Transmittal (ET) No. 07-02
Attachment 2
USAGE: Insert this clause in all purchase orders and purchase order modifications executed to exercise simplified acquisition options when the effective date is on or after October 1, 2006 and funding is provided under the Continuing Resolution (CR) so long as the CR for fiscal year 2007 is in effect. This clause does not apply to contracts funded using carry-over funds.
1452.232-85 - LIMITATION OF GOVERNMENT'S OBLIGATION UNDER THE CONTINUING RESOLUTION - SIMPLIFIED ACQUISITION CONTRACT -- BUREAU OF RECLAMATION (OCT 2006)
(a) Of the total contract price, the amount available during Fiscal Year 2007 under any continuing resolution enacted prior to the enactment of a full year appropriation act for the Bureau of Reclamation shall be limited to the annual contract price multiplied by the fraction of the fiscal year covered by the continuing resolution. Funding in the amount of $__________ is presently available for payment and allotted under this contract for the work set forth in this contract action. This present funding allotment is contemplated to cover the work to be performed through November 17, 2006.
(b) For performance of the work identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government approximates the total amount currently allotted to the contract. The Contractor will not be obligated to continue performance of the work beyond that point. The Government shall not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract.
(c) When additional funds are allotted for continued performance of the work identified in paragraph (a) of this clause, the Contracting Officer shall issue a unilateral modification to this contract designating the applicable period of performance to be covered by these funds, and the provisions of paragraph (a) of this clause shall be modified to specify this performance period and the increased total amount of funds allotted by the Government under this contract.
(d) The Contracting Officer is the only person authorized to provide notice, communication, or other form of representation to increase or decrease the amount of funds allotted by the Government to this contract.
(e) The Contracting Officer may at any time, or with the consent of the Contractor after expiration of the date specified in paragraph (a) of this clause, allot additional funds for performance of the work in paragraph (a) of this clause.
(f) Should additional funds for performance of the work identified in paragraph (a) of this clause not be allotted, this contract shall be deemed to have been constructively terminated for convenience at no cost to either party beyond the amount set forth in paragraph (a).
(g) Nothing in this clause will be deemed to limit the rights of the Government under any provision of this contract. The provisions of this clause are limited to the work on an allotment of funds for the items set forth in paragraph (a) above. This clause will become inoperative upon the allotment of funds for the total price of the work except for rights and obligations then existing under this clause.
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