[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR301.602-3]



[Page 7]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 301_HHS ACQUISITION REGULATION SYSTEM--Table of Contents

 

      Subpart 301.6_Career Development, Contracting Authority, and 

                            Responsibilities

 

Sec. 301.602-3  Ratification of unauthorized commitments.



    (b) Policy. (1) The Government is not bound by agreements or 

contractual commitments made to prospective contractors by persons to 

whom contracting authority has not been delegated. However, execution of 

otherwise proper contracts made by individuals without contracting 

authority, or by contracting officers in excess of the limits of their 

delegated authority, may be later ratified. The ratification must be in 

the form of a written document clearly stating that ratification of a 

previously unauthorized act is intended and must be signed by the head 

of the contracting activity (HCA).

    (2) The HCA is the official authorized to ratify an unauthorized 

commitment (but see paragraph (b)(3) of this section).

    (3) Ratification authority for actions up to $25,000 may be 

redelegated by the HCA to the chief of the contracting office (CCO). No 

other redelegations are authorized.

    (c) Limitations. (5) The concurrence of legal counsel concerning the 

payment issue is optional.

    (e) Procedures. (1) The individual who made the unauthorized 

contractual commitment shall furnish the reviewing contracting officer 

all records and documents concerning the commitment and a complete 

written statement of facts, including, but not limited to: a statement 

as to why the contracting office was not used, a statement as to why the 

proposed contractor was selected, a list of other sources considered, a 

description of work to be performed or products to be furnished, the 

estimated or agreed contract price, a citation of the appropriation 

available, and a statement whether the contractor has commenced 

performance.

    (2) The contracting officer will review the submitted material, and 

prepare the ratification document if he/she determines that the 

commitment may be ratifiable. The contracting officer shall forward the 

ratification document and the submitted material to the HCA or CCO with 

any comments or information which should be considered in evaluation of 

the request for ratification. If legal review is desirable, the HCA or 

CCO will coordinate the request for ratification with the Office of 

General Counsel, Business and Administrative Law Division.

    (3) If ratification is authorized by the HCA or CCO, the file will 

be returned, along with the ratification document, to the contracting 

officer for issuance of a purchase order or contract, as appropriate.