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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 “funds available”: the first 40

  • FAR 32.704 Limitation of cost or funds.
    …ontract contains the clause at 52.232-20, Limitation of Cost; or 52.232-22, Limitation of Funds, the contracting officer, upon learning that the contractor is approaching the estimated cost of the contract or the limit of the funds allotted…
  • FAR 52.232-22 Limitation of Funds.
    …ay be substituted for “Schedule” wherever that word appears in the clause: Limitation of Funds (APR 1984) (a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified i…
  • FAR 32.703-2 Contracts conditioned upon availability of funds.
    … contracts. The contracting officer may initiate a contract 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…
  • FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management.
    As prescribed in 32.1110(a)(1), insert the following clause: Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electr…
  • FAR 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management.
    As prescribed in 32.1110(a)(2), insert the following clause: Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (a) Method of payment. (1) All payments by the Government under this contract shall be mad…
  • 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 43.105 Availability of funds.
    …fficer 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 availabi…
  • 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…
  • DFARS 222.302 Liquidated damages and overtime pay.
    …afety Standards violations, the contracting officer shall— (1) Immediately withhold such funds as are available; (2) Give the contractor written notification of the withholding and a statement of the basis for the liquidated damages asses…
  • DFARS 252.236-7007 Additive or deductive items.
    …s follows— (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 agg…
  • FAR 49.604 Release of excess funds under terminated contracts.
    The following format shall be used to recommend the release of excess funds under terminated contracts, except if the contracting office retains responsibility for settlement of the termination: FROM: Termination Contracting Officer ______…
  • DFARS 232.703-1 General.
    …services; (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 year…
  • FAR 2.101 Definitions.
    …part, subpart, or section. Acquisition means the acquiring by contract with appropriated funds of supplies or services (including construction) by and for the use of the Federal Government through purchase or lease, whether the supplies or…
  • FAR 3.907-1 Definitions.
    …tability and Transparency Board established by Section 1521 of the Recovery Act. Covered funds means any contract payment, grant payment, or other payment received by a contractor if— (1) The Federal Government provides any portion of the…
  • FAR 22.2109 Enforcement of Executive Order 13706 paid sick leave requirements.
    …tractor, take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased; or (ii) Take action to cause suspension of any further payment, advance, or guarantee of funds to a contract…
  • FAR 32.702 Policy.
    …icer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law. Before executing any contr…
  • FAR 50.103-5 Processing cases.
    …n with each other to determine whether joint action should be taken. (c) When additional funds are required from another agency, the contracting agency may not approve adjustment requests before receiving advice that the funds will be avai…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …clude its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this …
  • FAR 52.217-2 Cancellation Under Multiyear Contracts.
    …ss a later date 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 p…
  • FAR 52.232-12 Advance Payments.
    …erest charges and (2) the administering office has approved in writing the release of any funds due and payable to the Contractor, all advance payments and other payments under this contract shall be made by check payable to the Contractor …
  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    … considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days ref…
  • 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…
  • DFARS 252.232-7007 Limitation of Government's obligation.
    …tinue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Offi…
  • FAR 6.301 Policy.
    … of advance planning by the requiring activity; or (2) Concerns related to the amount of funds available (e.g., funds will expire) to the agency or activity for the acquisition of supplies or services. (d) When not providing for full and …
  • FAR 13.305-4 Procedures.
    (a) Each purchase using imprest funds or third party drafts shall be based upon an authorized purchase requisition, contracting officer verification statement, or other agency approved method of ensuring that adequate funds are available fo…
  • FAR 14.201-7 Contract clauses.
    …and contracts as follows: (1) Use the 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…
  • FAR 33.102 General.
    …In accordance with 31 U.S.C. 1558, with respect to any protest filed with the GAO, if the funds available to the agency for a contract at the time a protest is filed in connection with a solicitation for, proposed award of, or award of such…
  • FAR 52.245-1 Government Property.
    …c clause: (e)(3) Title to property (and other tangible personal property) purchased with funds available for research and having a unit acquisition cost of less than $5,000 shall vest in the Contractor upon acquisition or as soon thereafte…
  • FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels.
    …d for the account of a foreign nation in connection with which the United States advances funds or credits, or guarantees the convertibility of foreign currencies; or (4) Acquired with advance of funds, loans, or guaranties made by or on b…
  • DFARS 207.7002 Authority to acquire additional quantities of end items.
    10 U.S.C. 3069 authorizes DoD to use funds available for the acquisition of an end item to acquire a higher quantity of the end item than the quantity specified in a law providing for the funding of that acquisition, if the head of an agenc…
  • DFARS 217.172 Multiyear contracts for supplies.
    …ract for procurement of aircraft, the budget request includes full funding of procurement funds for production beyond advance procurement activities of aircraft units to be produced in the fiscal year covered by the budget; (3) Cancellatio…
  • DFARS 219.7103-2 Contracting officer responsibilities.
    …er or the Director, OSBP, of the cognizant military department or defense agency has made funds available for that purpose; and (2) The contractor has an approved mentor-protégé agreement. (e) Negotiate and award a separate contract for r…
  • DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
    …ation the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments). Sufficient non-Government sales means relevant sales data that reflects market pricing and contains e…
  • FAR 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    … the Comptroller General in accordance 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 us…
  • FAR 15.209 Solicitation provisions and contract clauses.
    …of commercial products or commercial 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 paragraph…
  • FAR 16.603-3 Limitations.
    …contracts shall not— (a) Commit the Government to a definitive contract in excess of the funds available at the time the letter contract is executed; (b) Be entered into without competition when competition is required by part 6; or (c) …
  • FAR 17.103 Definitions.
    …n 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 performance of the…
  • FAR 25.1102 Acquisition of construction.
    When using funds other than those appropriated under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), follow the prescriptions in paragraphs (a) through (d) of this section. Otherwise, follow the prescripti…
  • FAR 32.406 Letters of credit.
    …letter of credit. (d) The letter of credit enables the contractor to withdraw Government funds in amounts needed to cover its own disbursements of cash for contract performance. Whenever feasible, the agency shall, under the direction and …

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.