5101.602-3-90 Ratification Procedures.
(a) The individual making the unauthorized commitment must send
relevant documentation to the individual's commander or senior staff
officer designated for this purpose to include --
(1) A signed statement describing the circumstances, the reason
normal contracting procedures were not followed, what bona fide
Government requirement necessitated the commitment, the benefit
received, and its value and any other pertinent facts; and
(2) All other relevant documents, including orders, invoices or
other evidence of the transaction.
(b) If the commander or senior staff officer designated concurs
that the commitment should be ratified, the documentation must be sent
to the chief of the contracting office with an endorsement that--
(1) Verifies the accuracy and completeness of the documentation;
(2) Describes the measures taken to prevent a recurrence of
unauthorized commitments, including a description of any disciplinary
action to be taken; and
(3) Provides a complete purchase description and funding for the
(c) The chief of the contracting office will assign the action to
an individual contracting officer who will be responsible for --
(1) Reviewing the case and determining the adequacy of all facts,
records, and documents and obtaining any additional material required;
(2) Preparing a summary of facts to include a recommendation as to
whether or not the transaction should be ratified and reasons for the
recommendation. A recommendation not to ratify must include a
recommendation as to whether or not the matter should be processed under
FAR Part 50 and DFARS Part 250 (Pub. L. 85-804) as a GAO claim or in
some other appropriate way.
(d) Upon receipt and review of the complete file, the individual
responsible for approving the ratification may approve the ratification
if it is considered to be in the best interest of the Government, or may
direct other disposition.
(e) HCAs must monitor compliance with 5101.602-3-90 and take all
necessary corrective action.
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