Unauthorized Commitments


        Bottom-line: Unauthorized Commitments are illegal!

Unauthorized Commitment - ´An agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.  Ref: FAR 1.602-3(a).

Ratification -  ´Ratification is the act of approving an unauthorized commitment, by an official who has the authority to do so, for the purpose of paying for supplies or services provided to the government as a result of an unauthorized commitment. FAR 1.602-3(a).

All ratifications requires Commanding Officer’s endorsement (any $ amount) the CO is defined as the first General Officer in the chain-of-command above the individual who made it, Endorsements may not be “By direction”.


Punishments resulting from an Unauthorized Commitment:

1. 
Willful and Knowing violations are punishable by a fine of up to $5,000, imprisonment for up to 2 years (31 U.S.C. §§ 1350,1519)
 
2.  Suspension from duty without pay, other administrative sanctions, demotion or termination of employment.

 

1. A completed Unauthorized Commitment Checklist.

2. Statement signed by the person who made the Unauthorized Commitment describing the circumstances per the Unauthorized Commitment checklist.

3. Copies of all orders, original invoices, and other documentary evidence of the transaction.

4. Provide a Commander's endorsement concurring that the commitment should be ratified.  The endorsement must address the information requirements contained in the Unauthorized Commitment checklist.  Endorsement is required by the activity Commanding Officer.  Endorsement 'By direction' is not authorized.

5. Submit a PR Builder request that corresponds to the amount of the ratification to MCIEAST Contracting.  See FAQ Sheet for amplifying guidance/information regarding vendor payment.

  • < $25,000. Ratifications are finalized locally by the Regional Contracting Office.
  • > $25,000. Ratifications are finalized personally by the Deputy Commandant for Installations and Logistics, HQMC.