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48 CFR · Federal Acquisition Regulation and Defense supplement

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The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

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30 sections with “availability of funds”

  • FAR 32.703-2 Contracts conditioned upon availability of funds.
    …e these funds are available, provided that the contract includes the clause at 52.232-18, Availability of Funds (see 32.706-1(a)). This authority may be used only for operation and maintenance and continuing services (e.g., rentals, utiliti…
  • FAR 52.232-18 Availability of Funds.
    As prescribed in 32.706-1(a), insert the following clause: Availability of Funds (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of approp…
  • FAR 52.232-19 Availability of Funds for the Next Fiscal Year.
    As prescribed in 32.706-1(b), insert the following clause: Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond ____. The Government's obligation for perfor…
  • FAR 43.105 Availability of funds.
    … 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 o…
  • FAR 32.706-1 Clauses for contracting in advance of funds.
    (a) Insert the clause at 52.232-18, Availability of Funds, in solicitations and contracts if the contract will be chargeable to funds of the new fiscal year and the contract action will be initiated before the funds are available. (b) The …
  • FAR 32.704 Limitation of cost or funds.
    …sts in excess of the estimated cost in the contract, the contracting officer shall ensure availability of funds for directed actions. The contracting officer may direct that any increase in the estimated cost or amount allotted to a contrac…
  • FAR 4.803 Contents of contract files.
    …ns and approvals, determinations and findings, and associated documents. (3) Evidence of availability of funds. (4) Synopsis of proposed acquisition as required by part 5 or a reference to the synopsis. (5) The list of sources solicited,…
  • FAR 37.106 Funding and term of service contracts.
    …b) of this section for certain service contracts, 32.703-2 for contracts conditioned upon availability of funds, and 32.703-3 for contracts crossing fiscal years). (b) The head of an executive agency, except NASA, may enter into a contract…
  • FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises.
    … (c) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an incentive payment of 5 percent of the amount paid to the subcontractor. The Contracting Officer will seek fun…
  • DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
    … (5) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an incentive payment of 5 percent of the estimated cost, target cost, or fixed price included in the subcontract…
  • FAR 7.105 Contents of written acquisition plans.
    …ty to be furnished to contractors, and discuss any associated considerations, such as its availability or the schedule for its acquisition (see 45.102). (16) Government-furnished information. Discuss any Government information, such as man…
  • FAR 17.202 Use of options.
    …all not employ options if— (1) The contractor will incur undue risks; e.g., the price or availability of necessary materials or labor is not reasonably foreseeable; (2) Market prices for the supplies or services involved are likely to cha…
  • FAR 25.1101 Acquisition of supplies.
    …e within the United States and an exception to the Buy American statute applies (e.g., nonavailability, public interest, or information technology that is a commercial product); or (C) The acquisition is for supplies for use outside the Un…
  • FAR 32.907 Interest penalties.
    …st penalties in accordance with OMB prompt payment regulations at 5 CFR part 1315. (f) Unavailability of funds. The temporary unavailability of funds to make a timely payment does not relieve an agency from the obligation to pay interest p…
  • FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
    …ed, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descri…
  • FAR 52.217-2 Cancellation Under Multiyear Contracts.
    …t the claim promptly but no later than 1 year from the date (1) of notification of the nonavailability of funds, or (2) specified in the Schedule by which notification of the availability of additional funds for the next succeeding program …
  • DFARS 225.1101 Acquisition of supplies.
    …e within the United States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see FAR 25.103 and 225.103); (D) The acquisition is for supplies for use outside the United States and an exception …
  • FAR 17.103 Definitions.
    …ars. Cancellation results when the contracting officer (1) Notifies the contractor of nonavailability of funds for contract performance for any subsequent program year, or (2) Fails to notify the contractor that funds are available for pe…
  • FAR 17.106-1 General.
    …t program year in the contract upon award and modify it for successive program years upon availability of funds. (h) Termination payment. If the contract is terminated for the convenience of the Government in whole, including requirements …
  • FAR 25.103 Exceptions.
    …foreign government that provides a blanket exception to the Buy American statute. (b) Nonavailability. The Buy American statute does not apply with respect to articles, materials, or supplies if articles, materials, or supplies of the clas…
  • FAR 26.103 Procedures.
    …on of the subcontractor. (f) Subject to the terms and conditions of the contract and the availability of funds, contracting officers shall authorize an incentive payment of 5 percent of the amount paid to the subcontractor. Contracting off…
  • FAR 32.702 Policy.
    … authority that adequate funds are available or (b) expressly condition the contract upon availability of funds in accordance with 32.703-2.
  • FAR 48.104-2 Sharing acquisition savings.
    …e estimated and the probability of actual production of the projected quantity; (ii) The availability of funds for a lump-sum payment; and (iii) The administrative expense of amending the instant contract as future contracts are awarded. …
  • DFARS 252.228-7003 Capture and Detention.
    …overnment shall apply to the entire period of detention, except that it is subject to the availability of funds from which payment can be made. The rights and obligations of the parties under this clause shall survive prior expiration, comp…
  • FAR 25.202 Exceptions.
    …foreign government that provides a blanket exception to the Buy American statute. (2) Nonavailability. The head of the contracting activity may determine that a particular construction material is not mined, produced, or manufactured in th…
  • FAR 52.247-63 Preference for U.S.-Flag Air Carriers.
    …transportation of personnel (and their personal effects) or property. (d) Statement of unavailability of U.S.-flag air carriers. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air tr…
  • FAR 2.101 Definitions.
    …re, including means for protecting personal privacy and proprietary information; and (3) Availability, which means ensuring timely and reliable access to, and use of, information. Information technology means any equipment, or interconnec…
  • FAR 32.603 Debt determination.
    … debt is due and the amount. Any unnecessary delay may contribute to— (1) Loss of timely availability of the funds to the program for which the funds were initially provided; (2) Increased difficulty in collecting the debt; or (3) Actual…
  • FAR 33.104 Protests to GAO.
    …se basis, that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee. The cap placed on attorneys' fees for businesses, other than…
  • FAR 52.228-7 Insurance—Liability to Third Persons.
    …ury. (d) The Government's liability under paragraph (c) of this clause is subject to the availability of appropriated funds at the time a contingency occurs. Nothing in this contract shall be construed as implying that the Congress will, a…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.