48 CFR 43.105 - 43.105 Availability of funds.

Regulations last checked for updates: May 05, 2024

Title 48 - Federal Acquisition Regulations System last revised: May 02, 2024

View all text of Subpart 43.1 [43.101 - 43.107]

43.105 - 43.105 Availability of funds.

(a) The contracting officer shall not execute a contract modification that causes or will cause an increase in funds without having first obtained a certification of fund availability, except for modifications to contracts that—

(1) Are conditioned on availability of funds (see 32.703-2); or

(2) Contain a limitation of cost or funds clause (see 32.704).

(b) The certification required by paragraph (a) above shall be based on the negotiated price, except that modifications executed before agreement on price may be based on the best available estimate of cost.

(c) In accordance with 10 U.S.C. 983,do,or,to.110. The prohibition in this paragraph (c) does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products, including commercially available off-the-shelf items, and commercial services.

[48 FR 42386, Sept. 19, 1983, as amended at 85 FR 67622, Oct. 23, 2020; 86 FR 61030, Nov. 4, 2021]

authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

source: 48 FR 42386, Sept. 19, 1983, unless otherwise noted.

cite as: 48 CFR 43.105