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 protest, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the
Default, or the Termination for Convenience of the Government, clause of
this contract.
(b) If a stop-work order issued under this clause is canceled either
before or after a final decision in the protest, the Contractor shall
resume work. The Contracting Officer shall make an equitable adjustment in
the delivery schedule or contract price, or both, and the contract shall be
modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time
required for, or in the Contractor's cost properly allocable to, the
performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30
days after the end of the period of work stoppage; provided, that if the
Contracting Officer decides the facts justify the action, the Contracting
Officer may receive and act upon a proposal at any time before final
payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the
order is terminated for the convenience of the Government, the Contracting
Officer shall allow reasonable costs resulting from the stop-work order
arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the
order is terminated for default, the Contracting Officer shall allow, by
equitable adjustment or otherwise, reasonable costs resulting from the
stop-work order.
(e) The Government's rights to terminate this contract at any time are
not affected by action taken under this clause.
FAR 52.236-22, DESIGN WITHIN FUNDING LIMITATIONS (APR 1984)
45.
(a) The Contractor shall accomplish the design services required under
this contract so as to permit the award of a contract, using standard
Federal Acquisition Regulation procedures for the construction of the
facilities designed at a price that does not exceed the estimated
construction contract price as set forth in paragraph (c) below. When bids
or proposals for the construction contract are received that exceed the
estimated price, the contractor shall perform such redesign and other
services as are necessary to permit contract award within the funding
limitation. These additional services shall be performed at no increase in
the price of this contract. However, the Contractor shall not be required
to perform such additional services at no cost to the Government if the
unfavorable bids or proposals are the result of conditions beyond its
reasonable control.
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