UNITED STATES SPECIAL OPERATIONS COMMAND
(NAME OF CONTRACTING OFFICE
CONTRACTING OFFICE ADDRESS)
DESCRIPTION OF ACTION: (Description of the unauthorized action)
CITATION: Authorized under FAR 1.602-3(b)(3), Ratification of Unauthorized Commitments
FINDINGS
1. In accordance with SOFARS 5601.602-3-90(c), this memorandum presents all findings regarding the unauthorized commitment made on (Date) in violation of FAR 1.602-1.
2. Summarize the circumstances surrounding the unauthorized commitment based on the statement provided by the person who committed the action. Depending on the extent of detail needed to present a clear picture of the circumstances surrounding the incident, subparagraphs may be needed.
A statement was provided by (Name of the person responsible for committing the action, rank, & organization), regarding the circumstances leading to his/her making the unauthorized commitment. On (Date), the unit needed (Describe the service or supplies purchased). (Name) did not follow normal acquisition procedures (Describe why normal procedures were not followed). Instead, (Name) obtained the requirement by (State how the goods/services were obtained). As a result of these actions, the government received (Describe the benefit received by the government). The amount agreed to in payment for the goods/services received was (dollar amount). (Provide additional statements or facts as needed to present a clear and complete description of the circumstances, such as information obtained from of receipts, notes, etc., provided in support of the statement received from the responsible party.)
3. Summarize the statement received from the supervisor of the person who committed the unauthorized act. Again, subparagraphs may be required.
According to the statement received from (Name, rank/title, organization), supervisor of (Name/rank of person who committed the unauthorized act), the unit did/did not have a bona-fide need for the goods/services needed in order to (Summarize what mission requirement was supported by the goods/services obtained). Funds were/were not available at the time the commitment was made. Had the goods/services not been obtained, (Describe was affect it would have had on the mission supported by the goods/services obtained). (Supervisor's name) stated that disciplinary actions will/will not be taken against the responsible individual (Give a brief explanation of disciplinary actions taken or the reason why action was not required based on the supervisor's statement). Upon reviewing the documentation and the statement provided by (Name of person committing the unauthorized action), and after consulting the contracting officer, (Supervisor's name) recommends the unauthorized commitment be/not be ratified. In order to prevent any recurrence of similar unauthorized actions within his/her unit, (Supervisor's name and what preventative actions he/she plans to take).
4. (Use this paragraph to summarize the Contracting Officer's findings regarding the unauthorized commitment)
After reviewing all the documentation and evidence provided by the using activity, I have ascertained the following in accordance with FAR 1.602-3(c):
a. The supplies/services have been provided to and accepted by the Government or The Government otherwise has/has not obtained or will/will not obtain a benefit resulting from the performance of the unauthorized commitment. (Provide justification for this decision).
b. The ratifying official had the authority to enter into a contractual commitment at the time it was made and still has the authority to do so.
c. The resulting contract would otherwise have been proper if made by an appropriate contracting officer.
d. The price agreed to in the unauthorized action was/was not fair and reasonable. (Explain how fair and reasonable price was established.)
e. The Contracting Officer recommends payment and legal counsel concurs in the recommendation, unless agency procedures expressly do not require such concurrence.
f. Funds are available and were available at the time the unauthorized commitment was made.
g. The ratification is in accordance with any other limitations prescribed under agency procedures.
DETERMINATION
1. Base on the above findings and in accordance with the authority granted in FAR 1.602-3(b)(2) or (3), I hereby approve/disapprove the proposed ratification of the unauthorized commitment for (list the supplies or services being ratified) with (Company name) in the amount of (Dollar amount). (If the recommendation is to not ratify the action, subparagraphs 1) citing the authority, statute, or regulation which precludes authorization and 2) a statement that legal opinion was obtained and summarize Legal's concurrence or non-concurrence with the Contracting Officer's recommendation.)
2. Per SOFARS Attachment 5601-1, this Determination and Findings is forwarded to you for final decision regarding the ratification of this unauthorized commitment. If you have any questions, please call me at (DSN Number) or e-mail (Address).
Name
Contracting Officer
APPROVED/DISAPPROVED:
Name
Approval Authority
NOTES AND INSTRUCTIONS:
1. This D&F should be used and modified for the Contracting Officer determination as required in SOFARS 5601.602-3-90(c).
2. The D&F should be prepared as a stand-alone document. All necessary facts should be presented in this document and forwarded to the determining authority. Do not send attachments.
3. All italicized words require you to either fill in the blank or make a choice. Do not use Italics in your final memo.