C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER H—CLAUSES AND FORMS › PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES › Subpart 52.2—Text of Provisions and Clauses

48 C.F.R. § 52.232-18

52.232-18 Availability of Funds.

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As prescribed in 32.706-1(a), insert the following clause:

Availability of Funds (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 67 FR 13054, Mar. 20, 2002; 78 FR 37689, June 21, 2013]
Notes of Decisions
Cited in 2 cases, 1988–2003 · leading case: Gov't Sys. Advisors, Inc. v. The United States, 847 F.2d 811 (Fed. Cir. 1988).
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Gov't Sys. Advisors, Inc. v. The United States, 847 F.2d 811 (Fed. Cir. 1988). “705-1 (a) (1988), and based upon a sample provision found at 48 C.F.R. § 52.232-18 (1988), the contract incorporated the following clause: ARTICLE XVIII—AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR Funds are not presently available for performance under this contract beyond…”
D.V. Gonzalez Elec. & Gen. Contractors, Inc. v. United States, 55 Fed. Cl. 447 (Fed. Cl. 2003). “A at 12 (citing 48 C.F.R. § 52.232-18 (2002) (“Availability of Funds”)).”
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