[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR801.602-3]



[Page 140-141]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 801_VETERANS AFFAIRS ACQUISITION REGULATIONS SYSTEM--Table of Contents

 

      Subpart 801.6_Career Development, Contracting Activity, and 

                            Responsibilities

 

Sec. 801.602-3  Ratification of unauthorized commitments.



    (a) Contracting officers shall not ratify contractual commitments 

made by other VA personnel without prior approval as prescribed below. 

Such unauthorized commitments include commitments made by other 

contracting



[[Page 141]]



officers which exceed their respective contracting authority as well as 

unauthorized commitments made by individuals lacking contracting 

authority.

    (1) At field stations, for supplies, services and construction, the 

approving authority is the director of the field facility concerned.

    (2) For central office contracting officers, for supplies, services, 

and construction, the approving authorities are the heads of the 

administrations and directors of the staff offices concerned, and the 

Deputy Assistant Secretary for Acquisition and Materiel Management.

    (3) For acquisitions of leasehold interest in real property the 

approving authority is:

    (i) The Chief Facilities Management Officer, Office of Facilities 

Management, for 1-5,000 square feet, and for 1-100 parking spaces 

costing less than $50,000 per annum.

    (ii) The Assistant Secretary for Management for 5,001-20,000 square 

feet, and for parking spaces exceeding 100 which cost less than $100,000 

per annum.

    (iii) The Deputy Secretary for 20,001 square feet and above, and for 

parking spaces exceeding 100 which cost more than $100,000 per annum.

    (4) This approval authority shall not be redelegated.

    (b) Requests received by contracting officers for ratification of 

commitments made by personnel lacking contracting authority shall be 

processed as follows:

    (1) The individual who made the unauthorized contractual commitment 

shall furnish the 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 procurement 

office was not utilized, why the proposed contractor was selected and a 

list of other sources considered, description of work to be performed or 

products to be furnished, estimated or agreed contract price, citation 

of appropriation available, and a statement of whether the contractor 

has commenced performance.

    (2) The contracting officer will review the file and forward it to 

the approving authority specified in paragraph (a) of this section with 

any comments or information which should be considered in evaluation of 

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

approving authority will coordinate the request for ratification with 

the Office of the General Counsel or the District Counsel, as 

appropriate.

    (3) If ratification is authorized, the file will be returned to the 

contracting officer for issuance of a purchase order or contract, as 

appropriate.

    (c) In the case of otherwise proper contract awards made by 

contracting officers in excess of the limits of their delegated 

authority, the need for ratification will be brought to the attention of 

the head of the contracting activity. That individual will take such 

action as may be indicated to preclude future instances of such awards.



[54 FR 31962, Aug. 3, 1989, as amended at 61 FR 11585, Mar. 21, 1996; 63 

FR 69217, Dec. 16, 1998]