Common use of Availability of Appropriated Funds Clause in Contracts

Availability of Appropriated Funds. Except as may be specifically provided to the contrary to Section I clause DEAR 952.250-70, Nuclear Hazards Indemnity Agreement, the duties and obligations of the Government hereunder calling for the expenditure of appropriated funds shall be subject to the availability of funds appropriated by the Congress, which DOE/NNSA may legally utilize for such purposes. B-7 PERFORMANCE EVALUATION [MODIFIED BY MODIFICATION P00003 & P00016] Performance Evaluation and Measurement Plan (PEMP). A PEMP will be developed by NNSA for this Contract which will document strategic performance expectations and the process by which the Contractor’s performance will be evaluated. The Parties will strive to reach mutual agreement on the performance measures and will work together to establish the PEMP. In the event the parties cannot come to agreement, NNSA reserves the right to make the final decision and issue the PEMP. The PEMP once finalized, whether bilaterally or unilaterally, will be incorporated into the Contract at Section J, Appendix O, by contract modification. The Contracting Officer may revise the PEMP during an evaluation period of performance and will incorporate any revisions through a contract modification. No changes will be made with less than 60 days remaining in the evaluation period.