4.101
Contracting officer’s signature
Only authorized contracting officers may sign contracts for the U.S. government, and they must verify the contractor’s signer has authority to bind the company.
Overview
FAR 4.101 establishes the requirements for the contracting officer’s signature on government contracts. Only individuals designated as contracting officers are authorized to sign contracts on behalf of the United States. The regulation mandates that the contracting officer’s name and official title must be clearly indicated on the contract, either by typing, stamping, or printing. Typically, the contracting officer signs the contract after the contractor has signed. Before signing, the contracting officer must verify that the individual signing for the contractor has the legal authority to bind the contractor to the agreement, referencing further requirements in FAR 4.102.
Key Rules
- Exclusive Signature Authority
- Only contracting officers may sign contracts for the U.S. government.
- Identification Requirement
- The contracting officer’s name and title must be typed, stamped, or printed on the contract.
- Order of Signatures
- The contracting officer usually signs after the contractor.
- Verification of Contractor Authority
- The contracting officer must ensure the contractor’s signer is authorized to bind the company, per FAR 4.102.
Responsibilities
- Contracting Officers: Must sign contracts, ensure their name/title is clearly indicated, and verify contractor authority.
- Contractors: Must ensure the individual signing has proper authority to bind the company.
- Agencies: Must ensure only authorized contracting officers execute contracts and maintain oversight of signature procedures.
Practical Implications
- This section ensures contracts are legally binding and executed by authorized individuals, reducing risk of disputes.
- It protects both the government and contractors by requiring clear identification and authority verification.
- Common pitfalls include failure to verify contractor authority or improper signature formatting, which can delay contract execution or lead to unenforceable agreements.