Contract funding requirements
FAR 32.703 ensures contracts are only awarded or performed when sufficient funds are available or properly conditioned, protecting both agencies and contractors from funding shortfalls.
Overview
FAR 32.703 outlines the requirements for ensuring that government contracts are properly funded. This section addresses the general rules for contract funding, the use of contracts that are contingent upon the availability of funds, and the handling of contracts that span multiple fiscal years. The regulation is designed to ensure that agencies do not obligate funds in excess of what is available and that contractors are aware of funding limitations and conditions. It also provides guidance on how to structure contracts when full funding is not immediately available, and how to manage contracts that cross fiscal years, which is common in multi-year projects.
Key Rules
- General Funding Requirements
- Contracts must not be entered into unless sufficient funds are available, except as otherwise authorized by law.
- Contracts Conditioned Upon Availability of Funds
- Agencies may enter into contracts that are subject to the availability of funds, typically using specific clauses to notify contractors of this condition.
- Contracts Crossing Fiscal Years
- Special provisions apply to contracts that extend beyond a single fiscal year, requiring careful management of funding and obligations.
Responsibilities
- Contracting Officers: Must ensure funds are available before contract award, use appropriate clauses for conditional funding, and manage obligations for multi-year contracts.
- Contractors: Must acknowledge and comply with funding limitations and conditions stated in the contract.
- Agencies: Must monitor and report on funding status and ensure compliance with fiscal laws.
Practical Implications
- This section exists to prevent violations of the Anti-Deficiency Act and ensure fiscal responsibility.
- It impacts daily contracting by requiring careful attention to funding status and contract clauses.
- Common pitfalls include inadvertently obligating funds not yet appropriated or failing to communicate funding conditions to contractors.