---
kind: "section"
citation: "48 C.F.R. § 43.105"
title: "48"
number: "43.105"
heading: "Availability of funds."
url: "https://uscodex.org/cfr/48/43.105"
---

# §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)](#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.
- (c) In accordance with [10 U.S.C. 983](/usc/10/983.md), do not provide funds by contract or contract modification, or make contract payments, to an institution of higher education that has a policy or practice of hindering Senior Reserve Officer Training Corps units or military recruiting on campus as described at 9.110. The prohibition in this [paragraph (c)](#c) does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products, including commercially available off-the-shelf items, and commercial services.

## Notes

### Amendments

[48 FR 42386, Sept. 19, 1983, as amended at 85 FR 67622, Oct. 23, 2020; 86 FR 61030, Nov. 4, 2021]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42386, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42386, Sept. 19, 1983, as amended at 85 FR 67622, Oct. 23, 2020; 86 FR 61030, Nov. 4, 2021]