Any unauthorized obligations must be immediately notified to the OC. Note that many potential unauthorized commitments will not be detected until the contractor files an invoice and the discrepancy is reviewed. 7. Ratification can only be permitted if all the following points are met: 5) Unauthorized obligations related to Chapter 71 claims, contractual disputes, 41 U.C 1, must be dealt with in accordance with subsection 33.2, litigation and claims. The unauthorized obligation, as used in this subsection, involves an agreement that is not binding solely because the government representative who did so was not authorized to enter into it on behalf of the government. In addition, the OC will need a purchase request and adequate funding for the action, including certification that funding was available at the time of the unauthorized obligation. The OC may also contact the contractor to determine whether the contractor has “reasonably” relied on the obvious power of service delivery. Do not ask contractors to perform work before properly modifying the contract or contract, proceeding outside the scope of the contract, or making changes that would make you liable for an unauthorized obligation. The auditing official is authorized to make a contractual commitment and agrees that the measure is ratifiable. If the measure is found to be unfair, the package is forwarded to the lawyer`s office through the head of the contracting agency (HCA) for further implementation and execution.
Note that contractors may demand legal action against the person who is responsible for the unauthorized obligation if the payment cannot be requested by the government. Deliveries or services are ordered by a person who is not mentioned on a purchase card or who is mentioned in a contract or framework contract. Note: A funding document is not a contractual document. The holder of the GPC distributes orders that, when added together, exceed the delegated eligibility level of the cardholder. Remember that your CO is the only person authorized to hire the government for deliveries and services. (d) non-treatable obligations. Cases that cannot be ratified under this subsection may be resolved as part of its application process (GAO Policy and Procedures Manual for Guidance of Federal Agencies, Title 4, Chapter 2) or as authorized by the Government Accountability Office under Part 50.1. In these cases, legal advice should be obtained.