Unauthorized commitment of Government Funds

to:	,

from:	, Contract Specialist

subject:	Unauthorized Commitment of Government Funds

PR #

For

With

date:	_______

cc:

1.	Your requisition to provide services/supplies is being returned to you for your action. It is an unauthorized commitment as defined by FAR 1.602-3. Specifically, the services performed were rendered without a valid award by a contracting officer. The Federal employee who made the commitment lacked the legal authority to bind the Government.

2.	For this action to be ratified (i.e., approved by a Contracting Officer), the following information must be provided. Failure to ratify an unauthorized commitment will result in the vendor not being paid, and the individual who is responsible for the commitment may be held personally liable.

a.	Each item should be addressed separately.

What bonafide Government requirement necessitated the commitment?

Why was a Contracting Officer not used?

Why was the vendor selected? Provide a list of sources and prices considered.

A description of the work to be performed or the products to be furnished.

The estimated or agreed price and a rational for why the price is fair and reasonable.

Whether an appropriation is available for the work.

Whether performance has begun.

Any other pertinent facts.

If the action exceeds $3,000, you must include a Justification for a Sole Source, explaining why only one vendor can supply the goods or services.

What steps are being taken to prevent this from occurring again.

Please attach all other relevant documents, including orders, invoices, or other evidence of this transaction.

b.	The above information must be signed by the individual who initiated the unauthorized commitment and approved by the individual’s Director or Senior Supervisor, along with the approval of the Agency Administrator, verifying the accuracy and completeness of the documentation.

3.	Upon our receipt of the above information, this office will determine whether a ratification is proper. Approved actions will result in a signed award by a Contracting Officer. Disapproved actions will be returned to the initiating individual’s Department for further action.

3.	Questions may be directed to:

Contract Specialist

USDA/ARS/AFM/APD/AB

ph:

Elegant Memo

Contracting Officer may elect to enclose the APD Past Performance Survey Questionnaire that fits the acquisition, i.e., supply, service, or O&M

ARS

2007-03-15