[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: 48CFR401.602-3]



[Page 99]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 4--DEPARTMENT OF AGRICULTURE

 

PART 401_AGRICULTURE ACQUISITION REGULATION SYSTEM--Table of Contents

 

        Subpart 401.6_Contracting Authority and Responsibilities

 

Sec. 401.602-3  Ratification of unauthorized commitments.



    (a) Definitions. Ratification, as used in this section, means the 

signed, documented action taken by an authorized official to approve and 

sanction a previously unauthorized commitment.

    Unauthorized commitment, as used in this section, means an agreement 

made by a Government representative who lacked the authority to enter 

into a contract on behalf of the Government.

    (b) Policy. The HCA may delegate ratification authority to the chief 

of the contracting office.

    (c) Procedure. Whenever an official of the cognizant contracting 

activity who is authorized to ratify unauthorized commitments learns 

that a person or firm has assumed work as a result of an unauthorized 

commitment, that official shall take the following actions:

    (1) Immediately inform any person who is performing work as a result 

of an unauthorized commitment that the work is being performed at that 

person's risk;

    (2) Inform the individual who made the unauthorized commitment of 

the seriousness of the act and the possible consequences;

    (3) Ensure that the individual who made the unauthorized commitment 

furnishes all records and documents concerning the commitment and a 

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

statement as to why a contracting officer was not used; why the vendor 

was selected and a list of sources considered; a description of work to 

be performed or products to be furnished; the estimated or agreed price; 

whether an appropriation is available for the work; and whether 

performance has begun. Under exceptional circumstances, such as when the 

individual who made the unauthorized commitment is no longer available 

to attest to the circumstances of the unauthorized commitment, the 

ratifying official may waive these requirements; and

    (4) Decide whether ratification is proper and proceed as follows:

    (i) If ratification is not justifiable, provide the cognizant 

program office, contracting office, and the unauthorized contractor with 

an explanation of the decision not to ratify.

    (ii) If ratification appears adequately justified, ratify the action 

and retain or assign the contract to a successor contracting officer if 

necessary.

    (iii) Maintain related approval, decisional, and background 

documents in the contract file for audit purposes.

    (iv) Notify the cognizant program supervisor or line officer about 

the final disposition of the case; the notification may include a 

recommendation that the unauthorized commitment should be further 

considered a violation of USDA's employee conduct regulations.



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