§1232.770-4. Policy.
48 C.F.R. § 1232.770-4
A fixed-price, time-and-materials, or labor-hour contract or order for commercial or non-commercial severable services may be incrementally funded when—
Funds are provided to DOT or operating administration under a CR. This includes funds appropriated to DOT or an operating administration, funds appropriated to another entity that will be directly obligated on a DOT contract, and funds in a revolving fund or similar account that will be reimbursed by a customer agency funded by a CR;
The responsible fiscal authority has not allocated sufficient funds to fully fund the contract action that is otherwise authorized to be issued;
There is no statutory restriction that would preclude the proposed use of funds;
Funds are available and unexpired, as of the date the funds are obligated;
Assurance is provided by the responsible financial authority that full funding is anticipated once an appropriations act is enacted; and
The clause prescribed by 1232.770-7 is incorporated into the contract or order.
Incremental funding may be limited to an individual line item(s) or a particular order(s).
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.
Source
Source: 87 FR 61159, Oct. 7, 2022, unless otherwise noted.