The base period of the contract (to be awarded in September) is 12 months, of which only 2 months were to be funded with FY16 funds, the other 10 with FY17 (Not yet appropriated in September). That is obligating the government for 12 months with only two months of available funding and 10 months of funds not yet appropriated - how is that *NOT* obligating the government in advance of appropriations? The agency's argument is that 52.232-18 (Not DFARS 252.232-7007, yes I know about it, Matthew) allows us to terminate the contract in the unlikely event that funds are not appropriated prior to expiration of the funded portion. I completely disagree with that assertion, however, just for argument's sake, let's say that's true. The hole in that logic is that action is required to prevent an ADA violation. If, for whatever reason, administration of that contract slips through the cracks, and they do, then it absolutely is an ADA violation on the first day of performance when no funding is available (it's actually a violation upon release of the contract). Yes, 252.232-7007 requires the contractor to notify the KO when funding is about to run out, but I've yet to see one do so. The surest way to avoid this situation is to not write a contract for services beyond available funding to begin with. We do not create a situation in which, through inaction, an ADA violation would/could occur. We're not even supposed to release a solicitation unless it is either funded or we have a statement that funds are available, per AFARS 5132.702 (yes, I work for the Army). In FY16, no one can certify that FY17 O&M funds are available. If we can't even solicit, how can we award?