(a) The individual making the unauthorized commitment must send relevant documentation to the individual’s commander or senior staff officer designated for this purpose to include -
(1) A signed statement describing the circumstances, the reason normal contracting procedures were not followed, what bona fide Government requirement necessitated the commitment, the benefit received, and its value and any other pertinent facts; and
(2) All other relevant documents, including orders, invoices or other evidence of the transaction.
(b) If the commander or senior staff officer designated concurs that the commitment should be ratified, the documentation must be sent to the chief of the contracting office with an endorsement that -
(1) Verifies the accuracy and completeness of the documentation;
(2) Describes the measures taken to prevent a recurrence of unauthorized commitments, including a description of any disciplinary action to be taken; and
(3) Provides a complete purchase description and funding for the ratifying contract.
(c) The chief of the contracting office will assign the action to an individual contracting officer who will be responsible for -
(1) Reviewing the case and determining the adequacy of all facts, records, and documents and obtaining any additional material required; and
(2) Preparing a summary of facts to include a recommendation as to whether or not the transaction should be ratified and reasons for the recommendation. A recommendation not to ratify must include a recommendation as to whether or not the matter should be processed under FAR Part 50 and DFARS Part 250 (Pub. L. 85-804) as a Government Accountability Office (GAO) claim or in some other appropriate way.
(d) Upon receipt and review of the complete file, the individual responsible for approving the ratification may approve the ratification if it is considered to be in the best interest of the Government, or may direct other disposition.
(e) HCAs must monitor compliance with 5101.602-3-90 and take all necessary corrective action.
