1305M324Q0243 RFQ AMENDMENT 0002.pdf
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- Attached to
- Fishery Observer & Electronic Monitoring Support Services: Alaska Marine Mammal Observer Program
- Solicitation number
- 1305M324Q0243_RFQ
About this file
This document is a Request for Quotation (RFQ) Amendment for a Firm-Fixed-Price contract for Fishery Observer and Electronic Monitoring Support Services in support of the National Oceanic & Atmospheric Administration's (NOAA) Alaska Marine Mammal Observer Program. The primary place of performance is Juneau, Alaska, and the anticipated base Period of Performance is June 30, 2024 - October 17, 2024, with optional Periods of Performance that may extend through December 28, 2026. The requirement is a 100% total small business set-aside under NAICS code 541990 with a $19.5 million size standard. Key details include:
The contractor will provide fishery observer support services, boat operator support services, and electronic monitoring support services including procurement, installation, maintenance, data storage, and data review. The Government previously extended the due date for proposal submission to June 16, 2024. The estimated contract value is not provided. The contractor will be responsible for procuring and installing electronic monitoring systems in the option years, and the Government will provide backup equipment in the base year. Offerors shall submit detailed technical and price proposals for the base period and both option periods.
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(x)
1305M324Q0243 x x
1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
WAD-NMFS-S
SEATTLE WA 98115
7600 SAND POINT WAY NE BLDG 1
WAD-NMFS-Seattle
06/12/20240002
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
05/18/2024
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
The Due Date and Time for Receipt of Offers is hereby extended to 06/16/2024 1700 PT.
Offeror questions are answered through this amendment. Revised Performance Work Statement
(PWS) and Revised Wage Determination No. 2015-5685 are attached. Revisions to Line Items and clauses are included as applicable.
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
KAYLA JOHNSON
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
1. Is this a new requirement?
Yes, this is a Pilot Program.
2. What is the estimated value?
This information is internal to the Government and will not be provided.
3. Would the Government consider extending the due date for proposal submission?
The Government previously extended the due date for proposal submission to June 12, 2024 via the prior amendment (Amendment 0001).
4. Will the contractor be responsible for procuring EM systems in both option years?
Yes, the Contractor will be responsible for procuring EM systems in both option years, please see updated PWS section 2.3 Electronic Monitoring Equipment Procurement.
5. In the two option years, is the government locked into using AMR systems or is there scope to switch EM providers?
There is scope to switch EM providers in the two option years, please see updated PWS section
2.3 Electronic Monitoring Equipment Procurement.
6. Is the government looking for detailed technical and price proposals solely for the Pilot year or for all three years?
The offers shall be for the Base Period and both Option Periods. Please include detailed technical and price quote for all three years.
7. The scope of work states field work will begin June 16th and a 10-day Fishery Observer training is required beforehand. Can you verify when the training will begin and where it will take place?
There is no set date for when the training shall begin. Data collection training may be virtual (up to one week in length); safety and water-based training will be in person (up to one week in length). In person training will be located at a fishery agency or a Regional Fishery Management Organization (generally in Seattle or Anchorage). Please see updated PWS sections 2.1 Program Staff Support – Fishery Observers, 2.2 Program Staff Support – Boat Operators and Boats, and
8.0 Travel and Training for more details.
8. Is the contractor liable for any damage or loss of the EM systems that may occur while completing duties listed in the scope of work or duties required to meet contract needs?
The contractor will not be held liable for damage or loss of EM systems that are not due to negligence or fraud.
9. Insurance coverage in the RFQ states: Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government. What liability limits are required?
The Government is not setting the liability limits, but requests that Contractors include this information in their offer.
10. Can the government identify the sections in the PWS that correspond with item Numbers 1004 and 2004 in the RFQ?
1.3 Scope of Work, 2.1 Program Staff Support – Fishery Observers, 2.4 Electronic Monitoring Imagery Review & Annotation and 3.0 Performance Measurements (NOTE: This list may not be considered all-inclusive as additional sections in the PWS may contain relevant information).
11. Does the government envision the cost of procurement, e.g. purchase or lease of the systems to be part of these line items or are the line items intended only for labor associated with the activities listed?
Yes, the cost of procurement should be included in the offer.
12. Where are the descriptions for data storage and review in the PWS?
1.3 Scope of Work, 2.1 Program Staff Support – Fishery Observers, 2.4 Electronic Monitoring Imagery Review & Annotation, 5.0 Government Furnished Resources, and 6.0 Intellectual Property Rights (NOTE: This list may not be considered all-inclusive as additional sections in the PWS may contain relevant information).
13. Are shipping costs from the EM vendor to and from the project location to be included in these line items?
Yes, this is considered to be part of the installation cost.
14. How many systems are proposed to be deployed in year 2 and 3 of the project?
Accounting for a few spares, approximately 20 units. If any units are battery powered, each vessel will need two of these. An estimate of 10 plug-and-play EM units and 20 battery powered EM units should suffice, but there is no definitive answer until the Government determines which cameras to use in years 2 and 3.
15. The PWS states the Government will seek participation from 30-40 volunteer gillnetters to carry EM equipment. Does the government anticipate requiring contractor support for this task?
How many volunteers have been secured to date? Is the Government incentivizing volunteer participation and if so, how?
The Government will seek volunteer participation from 10-30 volunteer gillnetters and cannot incentivize participation. There are currently 12 volunteers secured.
16. The Government estimates each observer spending a maximum of 36 hours per week actively observing the EM outfitted vessels. How many hours per week does the government estimate will be spent liaising with fishers, coordinating meet-up times, performing installs, training fishers on the use of EM equipment, providing fisher log sheets, collecting fisher log sheets, reviewing fisher log sheets, conducting interviews, removing EM equipment, uploading EM image data, and scanning/uploading paper sheets?
Liaison and data handling duties will require at least 4 hours each week and no more than 10 additional hours (averaging 12-hour days). Please see updated PWS section 2.1 Program Staff Support – Fishery Observers and the answer to question 5 for more details.
17. Section 4.0 Performance Measures continues outputs that seem beyond the scope of the contract unless providing systems is intended to be part of the project. Unless the contractor is providing the systems how will they be able to guarantee the system performance as outlined in #1 and # 2?
EM system procurement is a requirement in this contract. The PWS has been updated to clarify this information. Please see updated PWS section 2.3 Electronic Monitoring Equipment Procurement for more details.
18. Do you make a distinction between fishery and marine mammal/protected species observers in terms of this requirement?
No, either meet the requirement.
19. Is there an option to attend the observer/vessel operator training remotely?
Data collection training for observers may be virtual, whereas safety and water-based training must be in person. Please see updated PWS sections 2.1 Program Staff Support – Fishery Observers, 2.2 Program Staff Support – Boat Operators and Boats, and 8.0 Travel and Training for more details.
20. May we train more than the two required people for each position, to allow for some flexibility with personnel usage around prior commitments? Is there a possibility for an additional training mid-contract if new personnel are required to be brought on-board?
There will be no additional training mid-season. 2-4 observers (potentially part-time) would be acceptable.
21. On pg. 4 Section 3, 2.1 of the RFQ: “Each observer should expect to liaise with three permit holders and deploy on one trip each week. Observer trips will be a maximum of three days and not to exceed 12 hours in a 24-hour period.” Does this mean that trips can last multiple days, but the observer cannot work more than 12-hours/day, or does this mean that a fisher must return to port after 12-hours, then return to the grounds over an expected 36-hour opener?
Please see updated PWS section 2.1 Program Staff Support – Fishery Observers for more details.
22. Pg. 4 Section 3, 2.1 Program Staff – Fishery Observers of the RFQ: “Each observer should expect to liaise with three permit holders and deploy on one trip each week. Observer trips will be a maximum of three days and not to exceed 12 hours in a 24-hour period.” Is steam time to/from the grounds considered part of the 12-hour work-day limit?
Yes, steam time is considered part of the 12-hour work day limit. Please see updated PWS section
2.1 Program Staff Support – Fishery Observers for more details.
23. On pg. 6 Section 3, Performance Measurements #2 of the PWS: “No more than 30% of intended coverage shall be lost due to user error.” Please will the government define who the user is i.e., the fisherman using the EM system or the contractor?
Please see updated PWS section 3.0 Performance Measurements – no more than 10% of intended coverage shall be lost due to system malfunction or lack of maintenance.
24. Will the contractor be responsible for installing the permanent EM systems or will they be legacy systems that remain in place from the 2023 testing year?
The contractor will be responsible for procuring and installing the EM systems in the option years, please see updated PWS sections 1.3 Scope of Work and 2.3 Electronic Monitoring Equipment Procurement for more details.
25. Does the government have an estimate of how many days/hours observers are expected to work on land?
Please see updated PWS section 2.1 Program Staff Support – Fishery Observers for more details.
26. In the Pilot Program, will spare EM systems be provided as backups in case of system malfunction?
In the two option years of the Pilot Program, the contractor shall keep sufficient spare/back-up equipment available and on hand to quickly replace system components as needed, please see updated PWS section 2.3 Electronic Monitoring Equipment Procurement for more details. The Government will provide backup equipment in the Base Year.
27. Is the technical training on EM systems provided during the 10-day observer training class? If not, what is the duration and location of the EM training?
Yes, EM training will be part of the overall observer training. In-person attendance is preferred but virtual attendance will be considered in some circumstances. Observers will be responsible for briefing/training fishers on EM equipment use.
28. Will the observers and vessel operators be trained at the same time for the safety and water-based training?
Yes, the plan is for observers and vessel operators to attend training during the same weeks in the same water safety course.
29. The RFQ lists EM service days for 2025 and 2026 (CLIN 1004 and CLIN 2004). Are these days intended for EM video review? The Performance Work Statement does not state observers will be responsible for video review. Are there stipulations if these EM review days take place during the season or can they occur up until the option year is complete in December of each year?
The contractor is required to review and annotate EM imagery. Please see updated PWS sections
1.3 Scope of Work and 2.4 Electronic Monitoring Imagery Review & Annotation for more details.
CLINs 1004 and 2004 include these support services. Ideally video is reviewed during the season as time permits. All video reviews must be completed by the end of the option year.
30. The RFQ lists more days for operators compared to observers in 2025 and 2026. What tasks will operators be completing without an observer onboard?
The RFQ has been revised to 380 days for both observers and operators in option yeas 1 and 2. It is more likely that observers will require more days than operators due to additional tasks with coordination and EM install. CLINs 1003 and 2003 will account for this.
Section 2 - Combined Synopsis/Solicitation
Fishery Observer & Electronic Monitoring Support Services: Alaska Marine Mammal Observer Program
Standard Language FAR Part 12 - Combined Synopsis/Solicitation
(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with FAR subpart 13.5 and additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(ii) The solicitation number is 1305M324Q0243 and is issued as a request for quotation (RFQ).
(iii) The Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-04 Effective May 1, 2024.
(iv) The set-aside for this combined synopsis/solicitation is total small business. The associated NAICS code is 541990, All Other Professional, Scientific, and Technical Services, and the small business size standard is $19.5 million.
(v) Please see the line-item list in section 3 for included line items.
(vi) See Attachments for description of requirement.
(vii) See Sections 3 and 5 for period of performance and delivery information.
(viii) The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition see section 6 for addenda, if any.
(ix) CAR 1352.213-70 Evaluation utilizing simplified acquisition procedures applies. See Section 7 for additional information.
(x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.
(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition. See section 4 for addenda, if any.
(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition. See section 5 FAR 52.212-5 for applicable clauses.
(xiii) See attachments for additional terms and conditions.
(xiv) The Defense Priorities and Allocations System (DPAS) is not applicable.
(xv) Offers shall be submitted no later than 06/16/2024 1700 PT. Submit offers via email to the attention of the Contract Specialist, Novelle Key, at Novelle.Key@noaa.gov and the Contracting Officer, Kayla Johnson, at Kayla.Johnson@noaa.gov.
(xvi) Contact the Contract Specialist, Novelle Key, at Novelle.Key@noaa.gov and the Contracting Officer, Kayla Johnson, at Kayla.Johnson@noaa.gov. for information regarding the solicitation.
Section 3 - Line Items and Attachments
List of Line Items
Item Number Description Quantity Unit Unit Price Amount
0001 60 DA
Fishery Observer Support Services for observers deployed to vessels for the Fisheries Monitoring and Analysis (FMA) Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price Product/Service Code: F020 Period of Performance: 06/30/2024 to 10/17/2024
Travel associated with deploying observers for the FMA Division (to include travel associated with option days) in accordance with the Performance Work Statement.
NOT TO EXCEED: $4,000.00
Award Type: Time-and-materials Product/Service Code: F020 Period of Performance: 06/30/2024 to 10/17/2024
0003 10 DA
Option for up to 10 additional days of Fishery Observer Support Services for observers deployed to vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price Product/Service Code: F020 Period of Performance: 06/30/2024 to 10/17/2024
0004 60 DA
Boat operator support services for observer vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price Product/Service Code: F020 Period of Performance: 06/30/2024 to 10/17/2024
0005 2 EA
Procurement of vessels to serve as separate observer platforms in accordance with the Performance Work Statement Award Type: Firm-fixed-price Product/Service Code: F020
Item Number Description Quantity Unit Unit Price Amount
Period of Performance: 06/30/2024 to 10/17/2024
0006 10 DA
Option for up to 10 additional days of Boat operator support services for observer vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price Product/Service Code: F020 Period of Performance: 06/30/2024 to 10/17/2024
1001 380 DA
Fishery Observer Support Services for observers deployed to vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2025 to 12/20/2025
Travel associated with deploying observers for the FMA Division (to include travel associated with option days) in accordance with the Performance Work Statement.
NOT TO EXCEED: $20,000.00
Award Type: Time-and-materials
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2025 to 12/20/2025
1003 60 DA
Option for up to 60 additional days of Fishery Observer Support Services for observers deployed to vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2025 to
12/20/2025
1004 1520 DA
Electronic Monitoring Support Services for procurement, installation, maintenance, data storage and data review in accordance with the Performance Work Statement Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2025 to 12/20/2025
1005 380 DA
Boat operator support services for observer vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2025 to 12/20/2025
1006 10 EA
Procurement of vessels to serve as separate observer platforms in accordance with the Performance Work Statement Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2025 to 12/20/2025
1007 60 DA
Option for up to 60 additional days of Boat operator support services for observer vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2025 to 12/20/2025
2001 380 DA
Fishery Observer Support Services for observers deployed to vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2026 to 12/28/2026
Travel associated with deploying observers for the FMA Division (to include travel associated with option days) in accordance with the Performance Work Statement.
NOT TO EXCEED: $20,000.00
Award Type: Time-and-materials
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2026 to 12/28/2026
2003 60 DA
Option for up to 60 additional days of Fishery Observer Support Services for observers deployed to vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2026 to 12/28/2026
2004 1520 DA
Electronic Monitoring Support Services for procurement, installation, maintenance, data storage and data review in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2026 to 12/28/2026
2005 380 DA
Boat operator support services for observer vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2026 to 12/28/2026
2006 10 EA
Procurement of vessels to serve as separate observer platforms in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2026 to 12/28/2026
2007 60 DA
Option for up to 60 additional days of Boat operator support services for observer vessels for the FMA Division, in accordance with the Performance Work Statement.
Award Type: Firm-fixed-price
(Option Line Item)
Product/Service Code: F020 Period of Performance: 03/01/2026 to 12/28/2026
List of Attachments
Attachment Number Title 1 Performance Work Statement 2 Wage Determination No. 2004-0287 Revision No. 46 3 Wage Determination No. 2015-5685 Revision No. 22 4 Online Past Performance Questionnaire
Section 4 - Contract Terms and Conditions
CAR 1352.216-77 Ceiling price. (APR 2010)
The ceiling price of this contract is $44,000.00 for Time-and-Materials (T&M) Contract Line Item Numbers (CLINs) 0002, 1002, and 2002. The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk.
(End of clause)
CAR 1352.270-70 Period of performance. (APR 2010)
(a) The base period of performance of this contract is from JUNE 30, 2024 through OCTOBER 17 2024. If an option is exercised, the period of performance shall be extended through the end of that option period.
(b) The option periods that may be exercised are as follows:
OPTION PERIOD I - MARCH 1, 2025 through DECEMBER 20, 2025
OPTION PERIOD II - MARCH 1, 2026 through DECEMBER 28, 2026
(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.
(End of clause)
NOAA Acquisition Manual 1330-52.232-70 NOAA LIMITATION OF FUNDS ON TIME-AND-MATERIALS
AND LABOR-HOUR CONTRACTS (MAY 2015)
It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price of $44,000.00 for T&M CLINs 0002, 1002 and 2002. Funds in the amount of [TO BE COMPLETED AT TIME OF CONTRACT AWARD] are hereby allotted. The balance of this contract’s estimated ceiling will be allotted upon availability of funds through a unilateral modification(s).
(a) The parties estimate that performance of this contract will not cost the Government more than the ceiling amount specified in the contract. The contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the ceiling amount.
(b) The Schedule specifies the amount of funds presently available for payment by the Government and allotted to this contract as well as the items covered. 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, provided that funds become available. The contractor agrees to perform 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 85% of the total funded amount so far allotted to the contract by the Government.
The notice shall state the additional funds required to continue performance for the period specified in the Schedule.
(d) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this solicitation and contract language –
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 or otherwise incur costs in excess of the amount then allotted to the contract by the Government 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.
(e) 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.
(f) Nothing in this language 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.
(End of solicitation and contract language)
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