(Revised November 2009)
(c)
(1) The USSOCOM Determination and Findings Documentation of Unauthorized Commitment (D&F) template shall be completed by the appropriate individuals, as stated in the following paragraphs.
(2) The individual making an unauthorized commitment shall forward to their supervisor all available documentation about the transaction, which shall include as a minimum:
(i) A signed statement describing the circumstances, including A) why normal acquisition procedures were not followed, B) what bona fide Government need caused the commitment, C) whether any benefit was received and its value, and D) any other pertinent facts.
(ii) All other documents pertaining to the transaction, including but not limited to receipts, invoices, purchase requests, funding documents.
(1) The supervisor shall review the documentation to verify its accuracy and completeness. Furthermore, the supervisor is required to:
(i) Provide his/her own statement describing the measures taken to prevent a recurrence of unauthorized commitments.
(ii) Provide a complete purchase description and funding for ratifying the commitment.
(iii) Obtain a preliminary decision from the Contracting Officer that it appears a commitment by the Government would have been legal had the proper procedure been followed.
(iv) Provide a statement from the Comptroller that funds are available and the expenditure is proper.
(v) Take any disciplinary action deemed appropriate based on review of the transaction documentation. Disciplinary action can range from a letter of counseling to UCMJ action. At a minimum, the supervisor will counsel the individual in writing. The counseling letter will include the signature of the individual’s supervisor and signed acknowledgement of the individual. Documentation of the disciplinary action will be forwarded with the ratification file. No ratification shall be approved without proof of documented disciplinary action by the individual’s supervisor.
(vi) Supervisor’s may request HCA exception to the policy at paragraph (c)(2)(v) for specific ratification actions by addressing their rationale in writing to be followed by direct communication (e.g. meeting, telecom, etc.) with the HCA. Requests for exception will be processed solely by the supervisor of the individual responsible for the ratification and not by any USSOCOM contracting office.
(vii) After obtaining supervisory endorsement, the D&F should then be forwarded to USSOCOM Center Director/Component Commander or Deputy for endorsement.
(i) Review the documentation and verify that the supervisor's endorsement has been obtained.
(ii) Determine whether there is any doubt as to questions of fact.
(iii) Perform price analysis and determine if the price paid was fair and reasonable.
(iv) Make a recommendation to the ratifying official.
(v) Prepare the appropriate contractual documents.
(vi) Forward the completed document and all supporting documentation to the appropriate approval authority IAW Attachment 5601-1. Electronic transmittal is encouraged.
(1) An annual report of all ratification actions during the fiscal year shall be sent to SORDAC-KM and forwarded to the DOP no later than 30 October annually. Each contracting office is required to provide their input for the report to SORDAC-KM no later than 10 October. This report shall include 1) the identification of the Contracting Officer performing each ratification, 2) the dollar value of each ratification action, 3) the name the activity that caused the unauthorized commitment to occur. Reports shall be submitted electronically when the capability is available. Negative reports are required.
