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 holder of the GPC distributes orders that, when added together, exceed the delegated eligibility level of the cardholder. 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. Introduction. This month, we will resume unauthorized commitments and ratifications. Considering that we are under a new administration and that there are new DOI employees on board since we last addressed the issue, we felt it was important to review the basics. This is an important issue for all of us, as legal, disciplinary and personal liability actions may arise from an unauthorized obligation. 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. An unauthorized obligation is defined in FAR 1.602-3 (a) as an agreement that is not binding solely because the government representative who did so was not authorized to enter into the agreement on behalf of the government. The only people who can hire the government are contract agents and purchase card holders who act within their delegated responsibilities. Illegal obligations are contrary to federal law, federal regulations, government standards of conduct for federal public servants and Uspats regulations.

(7) Ratification can only be permitted if all the following points are satisfied: (1) Agencies should take positive steps to avoid, as far as possible, the need for a ratification procedure. While this section provides for procedures for use in cases where ratification of an unassed obligation is necessary, these procedures should not be applied in a manner that promotes commitments made by government staff.