Authority
Contracting officers can only bind the government within the limits of their written, delegated authority and must ensure all legal and procedural requirements are met before awarding a contract.
Overview
FAR 1.602-1 establishes the fundamental authority of contracting officers (COs) in federal procurement. It clarifies that COs are empowered to enter into, administer, or terminate contracts and make related decisions, but only within the limits of their delegated authority. The regulation requires that COs receive written instructions specifying their authority limits, and that this information is accessible to both the public and agency personnel. Additionally, COs must ensure that all legal, regulatory, and procedural requirements—including necessary clearances and approvals—are satisfied before entering into any contract. This section is foundational for understanding the scope and limits of a CO’s power and the compliance obligations that must be met before contract execution.
Key Rules
- Delegated Authority
- Contracting officers can only bind the government within the scope of their written, delegated authority.
- Written Instructions
- COs must receive clear, written instructions from their appointing authority detailing their authority limits.
- Public Availability
- Information on CO authority limits must be accessible to the public and agency staff.
- Pre-Contract Compliance
- No contract may be entered into unless all applicable laws, regulations, executive orders, and required clearances or approvals are satisfied.
Responsibilities
- Contracting Officers: Must operate strictly within their delegated authority, ensure all requirements are met before contract award, and maintain transparency regarding their authority limits.
- Contractors: Should verify that the CO has the appropriate authority and that all pre-award requirements are fulfilled.
- Agencies: Must provide clear, written authority to COs and ensure public access to authority information.
Practical Implications
- This section exists to prevent unauthorized commitments and ensure legal compliance in federal contracting.
- It impacts daily operations by requiring strict adherence to delegated authority and comprehensive pre-award checks.
- Common pitfalls include overstepping authority or failing to verify all legal and procedural requirements before contract execution.