Code of Federal Regulations - Title 48: Federal Acquisition Regulations System (December 2005)
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TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 34 - DEPARTMENT OF EDUCATION ACQUISITION REGULATION
SUBCHAPTER H - CLAUSES AND FORMS
PART 3452 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3452.232 - 71 - Incremental funding.
As prescribed in 3452.771, insert the following provision in solicitations: Incremental Funding (Aug 1987) (a) Sufficient funds are not presently available to cover the total cost of the complete project described in this solicitation. However, it is the Government's intention to negotiate and award a contract using the incremental funding concepts described in the clause titled Limitation of Funds in FAR 52.23222. Under that clause, which will be included in the resultant contract, initial funds will be obligated under the contract to cover an estimated base performance period. Additional funds are intended to be allotted to the contract by contract modification, up to and including the full estimated cost of the entire period of performance. This intent notwithstanding, the Government will not be obligated to reimburse the contractor for cost incurred in excess of the periodic allotments, nor will the contractor be obligated to perform in excess of the amount allotted.
(b) The Limitation of Cost clause in FAR 52.23220 shall supersede the Limitation of Funds clause in the event the contract becomes fully funded.
(End of provision)
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