Ken

Clause 52.232-22(h) states -- 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. Basically have a contractor submitted a no notice overrun and per this clause the government is no obligated to reimburse the contractor for it. This is on a CLIN that has more work needing to be accomplished that the contractor later submitted overrun costs above the no notice overrun needed to complete the CLIN. Question is, if the government does not reimburse the contractor, is the contractor required to pay this no notice overrun with their own funds. And if so, is the contractor required to continue the rest of the work after the government funds the additional overrun request for work above the no notice overrun. For example, let's say the contractor's no notice overrun was for $25. Then later they send an additional overrun request above the $25 for $75. Thus, their overall costs required to complete the effort is now $100. If the government does not pay the $25 (as the no notice clause states) and pays the $75, is the contractor required to complete this entire effort in this CLIN?