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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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134 sections with “available funds”: the first 40

  • FAR 49.604 Release of excess funds under terminated contracts.
    …completely” or “partially”] terminated contract ______. 2. Based on the best information available, it is estimated that the gross settlement cost will be $____________. The amount available for release as excess to the contract is $______…
  • DFARS 252.236-7007 Additive or deductive items.
    …ows— (1) Prior to the opening of bids, the Government will determine the amount of funds available for the project. (2) The low offeror shall be the Offeror that— (i) Is otherwise eligible for award; and (ii) Offers the lowest aggregate…
  • FAR 2.101 Definitions.
    … (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Gove…
  • FAR 16.505 Ordering.
    … a feature of a product that is peculiar to one manufacturer). A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-…
  • FAR 25.103 Exceptions.
    …re not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (1) Class determinations. (i) A nonavailability determination has been made for the ar…
  • FAR 32.703-2 Contracts conditioned upon availability of funds.
    …ontract action properly chargeable to funds of the new fiscal year before 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 o…
  • FAR 43.105 Availability of funds.
    …ce, 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 payment…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …roducts that contain a critical component (see FAR 25.105). (iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defi…
  • FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
    …ntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note). __(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). __(14) [Reserved] __(15) 52.219-3, Notice of HUBZone Set-Aside o…
  • FAR 52.222-50 Combating Trafficking in Persons.
    …n account of which anything of value is given to or received by any person. Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (i) A commercial product (as defined in p…
  • FAR 52.232-18 Availability of Funds.
    …, 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 appropriated funds from which paym…
  • FAR 52.232-19 Availability of Funds for the Next Fiscal Year.
    …ause: 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 performance of this contract beyond that date is contingent…
  • FAR 52.232-22 Limitation of Funds.
    … and the Contractor's share of the cost. (b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government's share of the cost if this is a cost-sharing…
  • FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management.
    …(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Go…
  • FAR 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management.
    …(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Go…
  • FAR 52.245-1 Government Property.
    …ngs or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator. (c) Use of Government property. (1) The Contractor shall use Government property, either furnished or acquir…
  • FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels.
    …nder the conditions set forth in paragraph (a) above, to the extent that such vessels are available at rates that are fair and reasonable for privately owned U.S.-flag commercial vessels. (c)(1) The Contractor shall submit one legible copy…
  • DFARS 225.7303-5 Acquisitions wholly paid for from nonrepayable funds.
    (a) In accordance with 22 U.S.C. 2762(d), price FMS wholly paid for from funds made available on a nonrepayable basis on the same costing basis with regard to profit, overhead, IR&D/B&P, and other costing elements as is applicable to acquis…
  • FAR 14.201-7 Contract clauses.
    …e basic clause if— (i) The acquisition will not use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5); and (ii) The contract amount is expected to exceed the threshold at …
  • FAR 32.704 Limitation of cost or funds.
    …defective items or work, or a termination notice without immediately increasing the funds available. Since a contractor is not obligated to incur costs in excess of the estimated cost in the contract, the contracting officer shall ensure av…
  • FAR 32.706-1 Clauses for contracting in advance of funds.
    …nds of the new fiscal year and the contract action will be initiated before the funds are available. (b) The contracting officer shall insert the clause at 52.232-19, Availability of Funds for the Next Fiscal Year, in solicitations and con…
  • FAR 33.104 Protests to GAO.
    … protest before the documents are submitted to the GAO, then no protest file need be made available. Information exempt from disclosure under 5 U.S.C. 552 may be redacted from the protest file. The protest file shall be made available to no…
  • FAR 52.247-63 Preference for U.S.-Flag Air Carriers.
    …(and their personal effects) or property, to the extent that service by those carriers is available. It requires the General Services Administration to issue regulations that, in the absence of satisfactory proof of the necessity for foreig…
  • DFARS 215.404-1 Proposal analysis techniques.
    … price the Government has paid within the most recent 12-month period based on reasonably available data; (B) Those line items where a comparison of the item description and the proposal price indicates a potential for overpricing; (C) Si…
  • DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
    …partment, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact; (B) For subsystems of a major weapon system and components and spare parts of a major weapon system or subs…
  • DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
    …he public; (3) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or (4) Satisfies a criterion expresse…
  • FAR 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …e with 25.1001. (ii)(A) If the acquisition will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), the contracting officer shall use the clause with its Alternate II. …
  • FAR 13.303-1 General.
    … exempt an agency from the responsibility for keeping obligations and expenditures within available funds.
  • FAR 15.209 Solicitation provisions and contract clauses.
    …services exempted under 15.403-1. (2)(i) When using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)— (A) The exceptions in paragraphs (b)(1)(i) through (b)(1)(iii) are n…
  • FAR 17.207 Exercise of options.
    … The contracting officer may exercise options only after determining that— (1) Funds are available; (2) The requirement covered by the option fulfills an existing Government need; (3) The exercise of the option is the most advantageous m…
  • FAR 22.302 Liquidated damages and overtime pay.
    … the following order— (1) Pay laborers and mechanics the wages they are owed (or prorate available funds if they do not cover the entire amount owed); and (2) Pay liquidated damages. (c) If the head of an agency finds that the administra…
  • FAR 22.2109 Enforcement of Executive Order 13706 paid sick leave requirements.
    …on Avenue NW., Room S3006, Washington, DC 20210, all of the following information that is available without conducting an investigation: (i) The complaint or description of the alleged violation. (ii) Available statements by the employee,…
  • FAR 32.402 General.
    …6) and generally they should not be authorized if other types of financing are reasonably available to the contractor in adequate amounts. Loans and credit at excessive interest rates or other exorbitant charges, or loans from other Governm…
  • FAR 33.102 General.
    …ent misstatement, misrepresentation, or miscertification. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the…
  • FAR 52.217-2 Cancellation Under Multiyear Contracts.
    …e is agreed to, if the Contracting Officer (1) notifies the Contractor that funds are not available for contract performance for any subsequent program year, or (2) fails to notify the Contractor that funds are available for performance of …
  • FAR 52.222-41 Service Contract Labor Standards.
    …tatute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following: (i) For each emplo…
  • FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.
    … paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available u…
  • DFARS 232.703-1 General.
    …es; (B) Does not exceed one year in length; and (C) Is incrementally funded using funds available (unexpired) as of the date the funds are obligated; or (ii) The contract uses funds available from multiple (two or more) fiscal years and—…
  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
    …o technical data furnished to the Contractor by the Government; (vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor without restrictions on further use, release or disclosure, other than…
  • DFARS 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.
    …he public; (3) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or (4) Satisfies a criterion expresse…

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.