FAR 43.105 Availability of funds
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 43.105
- Type
- Section
- Last amended
- 86 FR 61017 Effective Dec 6, 2021
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
Text
(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) of this section 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 not provide funds by contract or contract modification, or make contract payments, to an institution of higher education that has a policy or practice of hindering Senior Reserve Officer Training Corps units or military recruiting on campus as described at 9.110. 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.
Federal Register history
Sections cited
- FAR 32.703-2 Contracts conditioned upon availability of funds
- FAR 32.704 Limitation of cost or funds
- FAR 9.110 Reserve Officer Training Corps and military recruiting on campus
Quick answers
What is FAR 43.105?
FAR 43.105 is a section of the Federal Acquisition Regulation, titled "Availability of funds".
When was FAR 43.105 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Revision of Definition of “Commercial Item”" (86 FR 61017), published Nov 4, 2021 and effective Dec 6, 2021.
Are changes to FAR 43.105 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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