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FBO DAILY ISSUE OF APRIL 18, 2003 FBO #0504
MODIFICATION

R -- Support to Project Manager, Manuever Ammunition Systems (PM-MAS) for ongoing/future Direct Fire Weapon System Programs

Notice Date
4/16/2003
 
Notice Type
Modification
 
Contracting Office
US Army ARDEC, AMSTA-AR-PC, Picatinny Arsenal, New Jersey 07806-5000
 
ZIP Code
07806-5000
 
Solicitation Number
DAAE30-03-R-0601
 
Response Due
4/21/2003
 
Point of Contact
Teresa Leap, Contract Specialist, (973) 724-4672
 
E-Mail Address
Email your questions to Teresa Leap
(tleap@pica.army.mil)
 
Description
Solicitation DAAE30-03-R-0601 is amended to include, in full text, DFARS clause 252.232-7007, Limitation of Government's Obligation, Aug 1993 252.232-7007 Limitation of Government's Obligation. (AUG 1993) (a) Contract line item(s) [0001] through [NA] are incrementally funded. For these item(s), the sum of [$________ - To Be Determined after evaluation of proposals but prior to contract award] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (i) of this clause. (b) For item(s) 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, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor will not be obligated to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes cost, profit, and estimated termination settlement costs for those items(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (i) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (i) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (i) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not be allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract 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 item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause. (g) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) The parties contemplate that the Government will allot funds to the contract in accordance with the following schedule: On execution of contract................$ (month) (day), 199x.......................$ (month) (day), 199y.......................$ (month) (day), 199z.......................$ *To be inserted after negotiation. (End of clause) Acknowledgement of this amendment in addition to amendment one (1), which was issued on 3/21/03, shall be provided to this office with your offer. The response date remains unchanged. Offers are due by 4 P.M. on 4/21/03.
 
Web Link
US ARMY TACOM-ARDEC Procurement Network
(http://procnet.pica.army.mil/cbd/RFP/03R0601/03R06012.htm)
 
Record
SN00305138-W 20030418/030416213657 (fbodaily.com)
 
Source
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)

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