1.602
Contracting officers
Only duly authorized contracting officers can legally bind the government in contracts, and unauthorized commitments require formal ratification to be valid.
Overview
FAR 1.602 outlines the fundamental role, authority, and responsibilities of contracting officers (COs) in federal procurement. It establishes that only individuals with proper authority may enter into, administer, or terminate contracts on behalf of the government. The section also details the scope of a CO’s responsibilities, including ensuring compliance with all applicable laws and regulations, safeguarding the government’s interests, and maintaining ethical standards. Additionally, it addresses the process for ratifying unauthorized commitments, emphasizing that only properly authorized COs can bind the government, and any unauthorized commitments must be reviewed and ratified according to established procedures.
Key Rules
- Authority of Contracting Officers
- Only designated contracting officers have the authority to enter into, administer, or terminate contracts and make related determinations and findings.
- Responsibilities of Contracting Officers
- COs must ensure all actions comply with laws, regulations, and agency procedures, and act in the government’s best interest.
- Ratification of Unauthorized Commitments
- Unauthorized commitments made by individuals without proper authority must be reviewed and can only be ratified by an authorized contracting officer following specific procedures.
Responsibilities
- Contracting Officers: Must act within their delegated authority, ensure compliance, and protect government interests.
- Contractors: Should verify the authority of government representatives before accepting commitments.
- Agencies: Must establish oversight mechanisms and ratification procedures for unauthorized commitments.
Practical Implications
- This section ensures that only properly authorized individuals can bind the government, protecting both the government and contractors from unauthorized actions.
- Contractors should always confirm a representative’s authority to avoid unenforceable agreements.
- Common pitfalls include acting outside delegated authority or failing to follow ratification procedures for unauthorized commitments.