(1) A fixed-price contract may be incrementally funded only if -
(i) The contract (excluding any options) or any exercised option -
(A) Is for severable services;
(B) Does not exceed one year in length; and
(C) Is incrementally funded using funds available (unexpired) as of the date the funds are obligated; or
(ii) The contract uses funds available from multiple (two or more) fiscal years and -
(A) The contract is funded with research and development appropriations; or
(B) Congress has otherwise authorized incremental funding.
(2) An incrementally funded fixed-price contract shall be fully funded as soon as funds are available.
[71 FR 18673, Apr. 12, 2006]