[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR43.105]



[Page 818]

 

            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.