Contractor interface prior to contract:

• Ask capabilities.
• Do not discuss how much money you have to spend.
• Do not give away details of an incumbents operations if this is a current contract being solicited for renewal. Refer them to the RCO.
• Do not promise anything.
• Do not order anything.
• Do not accept delivery unless RCO has provided you a copy of a contract.
• Do not ask for or have contractors define the government requirement
• Do not conduct site visits/meetings with contractors without prior approval from the RCO
  

• Refer all the contractor’s questions to the Buyer at RCO.

• Refer all performance problems to the Contracting Officer’s representative or contracting officer.
• The contractor’s personnel do not work for the Government, they are directed in the performance of the contract by their supervisors.

If at any time you have unintentionally or unknowingly committed the Government in an obligation with a contractor before the RCO has put a contract in place, instruct them to stop performance and immediately contact the RCO. This is an unauthorized commitment, and for the contractor to be paid by the Government it must be ratified by the chief of contracting in the RCO. There is no guarantee that the Chief of Contracting will ratify. If not, the individual can be held personally liable to pay the contractor for the goods or services. Go to this link for how to submit a request for ratification of an unauthorized commitment.

The Government is under no obligation to pay invoices for which goods and services have not been properly contracted. The CCO will consider the contents of all unauthorized commitment packages to determine the Government’s liability. If the CCO determines that he cannot ratify the commitment, the only recourse the contractor has for payment is with the individual who placed the order. The Contracting Officer’s determination in these matters is final. The following are minimum determination the CCO must make in order to ratify:

• The unauthorized commitment was not made to circumvent or evade the procurement statutes or regulations.
• The commitment resulted from from a mistake of fact on the part of Government personnel.
• The contractor relied on the apparent authority of the officer or employee of the Government.
• The contractor does not have an adequate remedy at law for which the Contract Disputes Act provides procedures for obtaining relief.
• Resulting contract would otherwise be proper:
  • Funds were available at the time the commitment was made
  • The Government was not otherwise preclude by law from procuring the supplies/services
• The price to be paid is considered fair and reasonable.
• The payment is not for unallowable costs.
• No doubt exists concerning a question of law or fact.

• Statement signed by the individual who made the commitment describing the circumstances. At a minimum it must meet the following:
  • Why normal procurement procedures were not followed.
  • What bona fide Government requirement necessitated the commitment.
  • Whether the individual received any personal benefit from the commitment.
  • Value of the purchase.
  • Any other pertinent facts.
• All orders, invoices, or other documentary evidence of the transaction that may help the CCO make his determination.
• Commanding General’s endorsement concurring that the commitment should be ratified. This endorsement must meet the following minimum requirements:
  • Verifies the accuracy and completeness of the documentation.
  • Describes measures taken to prevent reoccurrence of the unauthorized commitment.