[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR43.105]

[Page 794]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 43_CONTRACT MODIFICATIONS--Table of Contents
 
                          Subpart 43.1_General
 
Sec.  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.