Topic I-22 • Unauthorized Commitments

Preparing Ratifications

A ratification is the official act of approving an unauthorized commitment after the fact, so the government can legally pay for something it already received. This topic covers what an unauthorized commitment actually is (and what it is not), the six criteria that have to be met before one can be ratified, who signs at which dollar level under the current DAF delegation, and how to walk a clean package through the seven-part AF template. If one of these just landed on your desk, read the next section before anything else.

1 Start Here: How to Handle One of These

Before any of the mechanics. If a ratification package is on your desk, someone in your customer's org is already miserable about it. Your job is not to make them more miserable. Your job is to figure out whether the government can legally pay, protect the government's interests, and get the facts on paper. Ratifications should be rare. When they happen, treat the people involved like humans.

Ratifications get a reputation as a gotcha mechanism. That reputation is earned by COs who treat every weird transaction as a hunt for wrongdoing. Do not be one of those COs. The vast majority of unauthorized commitments are accidents: a customer in a time crunch, a new employee who did not know the rules, a facility manager in an actual emergency. Fraud cases exist and they get handled differently. Everything else is a professional problem to be solved professionally.


2 What an Unauthorized Commitment Actually Is

FAR 1.602-3 defines an unauthorized commitment (UC) as "an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government." That definition has two pieces, and both have to be present at the same time.

  • Unauthorized. The person who took the action had no contracting authority for that action. That is not the same as having no authority at all. Most real UCs involve people who had a role and stepped outside its limits: a GPC holder making a purchase the card program does not allow, a COR directing out-of-scope work, an ordering officer placing an order against a vehicle they were not appointed to. The badge has to cover the specific action.
  • Commitment. The person bound, or tried to bind, the government to a deal with a vendor. Paper is not required. A phone call saying "go ahead and start Monday" is a commitment. An email saying "you're good to proceed" is a commitment. Standing on site while a contractor performs out-of-scope work and accepting the delivery is, in practice, a commitment. The test is whether a reasonable vendor would read the signal as "the government said to do this." Paper makes the case easier to prove, but the absence of paper is not the absence of a commitment.

Both elements. If either one is missing, it is not an unauthorized commitment, and the package does not belong in the ratification channel. It might be a policy problem, a training issue, a split requirements question, a procurement integrity matter, or nothing at all. Section 3 walks through a common example of something that looks like a UC in hindsight but is not one.

The hindsight trap. Hindsight is the enemy of good UC analysis. Something that looks irregular in a report months later can still have been completely authorized when it happened. Read the facts as of the moment of the action, not as of the moment someone noticed.

3 What It Is Not (The Toner Example)

Here is a common mistake and a clean counter-example. A GPC holder in an office orders toner for the printer in January. The purchase is under their micro-purchase threshold and within their card authority, so the transaction clears normally. In March, they realize they need more toner and buy it again, also under the MPT, also within their authority. The GPC office later looks at the aggregate and decides the holder split requirements to stay under the MPT. The card office writes it up. Somebody suggests it should be treated as a ratification.

It should not. Neither purchase was unauthorized at the moment it was made. The cardholder had authority on day one and authority on day two. The card office can run a split requirements analysis and train or counsel the holder, and if they are right about the split, they can make the holder do the next buy as a priced order through normal channels. None of that turns a legally authorized card purchase into an unauthorized commitment after the fact. Ratification is not a retroactive label for "this transaction looks bad."

Test the two elements. Before anyone starts drafting a ratification package, answer one question out loud: at the time of the action, did the person making the commitment have contracting authority for it? If the honest answer is "yes, at that moment they did," you are not in a UC. You are in a different conversation.

A note on what actually happens in practice. Plenty of squadrons shove things through the ratification template that do not belong there. A GPC split-requirements question gets written up as a ratification because the card office wants a paper trail and nobody wants to say "this is not actually a UC, route it differently." Legal sometimes says "just ratify it to be safe" because ratifying a non-UC is cheap and letting a real UC slip through is expensive. Both of those are real, both are common, and both are sloppy. Part of the CO's job on a package that lands on the desk is to read the facts and push back when the label on the folder does not match what is inside. If it is not a UC, say so and route it to the right mechanism. The FAR points nonratifiable matters to 31 U.S.C. 3702 (GAO settlement of accounts) and FAR subpart 50.1 (extraordinary contractual actions under Public Law 85-804) for a reason. Those are the right tools for some of the cases that get mislabeled as ratifications.


4 How Real UCs Actually Happen

Once the two elements are actually present, the fact patterns are usually one of these:

  • The customer called the vendor directly. Someone in the requiring activity picked up the phone, told a vendor to start work, and the vendor started. No CO, no PR, no contract. This is the classic pattern.
  • An emergency. Something broke on a weekend or a holiday. A facility manager, squadron CC, or shop chief made a call to get the problem fixed in the moment. Good intent, real urgency, no authority to commit the government.
  • Scope creep past the contract. A COR or a program manager asked the contractor to do additional work that was outside the scope of the existing contract and no modification was ever issued. The contractor did it anyway, sent an invoice, and now there is no contract line to pay it against.
  • Expired contract, continued work. The period of performance ended, nobody issued an extension or a new award in time, and the contractor kept showing up because the customer kept asking them to. Everything after the end date is unauthorized.
  • Pre-award performance. The contractor started work before the award was actually signed, usually because somebody told them "you're going to win this, go ahead and start." Anything they did before the signature is on them, not the government, unless it gets ratified.

Notice what these have in common. Almost none of them start with a contracting professional. They start with someone on the requirements side making a decision in the moment to get the mission done. That does not excuse the action, but it does frame the conversation. The person who created the UC is usually the person most embarrassed about it.


5 The Six Criteria

FAR 1.602-3(c) lists the criteria that have to be met before a ratification can be approved. In plain language, all of these have to be true:

  1. The government got something. Supplies or services were actually delivered, or the government received a benefit from the performance. No delivery, no benefit, no ratification.
  2. The ratifying official has contracting authority. The person signing the ratification has to be someone who could have legally awarded the contract in the first place.
  3. The contract would have been proper. If a warranted CO had written this deal up front, would it have been legal? Was the vendor eligible? Was the work something the government could buy? Was the method appropriate? If the answer to any of those is no, ratification cannot paper over the underlying problem.
  4. The price is fair and reasonable. The CO reviewing the UC has to determine the price is fair and reasonable using the normal tools (comparison, catalog, market research, analysis). If the price is inflated and cannot be negotiated down, the ratification stalls.
  5. The CO recommends payment and legal concurs. The CO assigned to the package has to recommend the ratification in writing, and the legal office has to concur. Neither piece is optional.
  6. Funds were available then, and are available now. The appropriation had to be the right color of money at the time of the unauthorized commitment, and the funds have to still be available to obligate for the payment today.
RFO note. In the Revolutionary FAR Overhaul, this rule is renumbered from 1.602-3 to 1.405, under the new subpart 1.4 on Career Development, Contracting Authority, and Responsibilities. The six criteria above are the same in the RFO text. The current FAR has a seventh criterion, "ratification complies with agency procedures," which the RFO drops. The agency procedures themselves still apply through the DAFFARS; the RFO simply stopped listing it as a separate FAR-level element.

6 Who Can Sign: Updated Delegations

FAR 1.602-3 says ratification authority can be delegated, but cannot go below the level of the chief of the contracting office. That is the federal-wide floor. The RFO version at 1.405 keeps the same floor.

The Air Force delegation in DAFFARS MP5301.601(a)(i) got more restrictive with the move to a threshold-based split. The current delegation is:

Dollar Value of the UCRatifying OfficialFurther Delegable?
Below the Simplified Acquisition Threshold COCO (Chief of the Contracting Office) No
At or above the Simplified Acquisition Threshold SCO (Senior Contracting Official) No

A CO does not ratify their own package. The CO prepares the recommendation, legal concurs, and it routes to the COCO or SCO depending on the dollar value. "Not further delegable" means exactly that: the COCO cannot push a below-SAT ratification down to a squadron CO, and the SCO cannot push an above-SAT one down to a COCO. The signature has to land on the right desk.

Always verify locally. DAFFARS procedures get updated, and command supplements can add constraints. Before routing any package, confirm the current DAFFARS MP5301.601(a)(i) text and any MAJCOM or installation guidance. The table above reflects the current threshold-based structure as of writing.

7 The AF Ratification Template: Seven Parts

The Air Force uses a seven-part template for ratification packages. Every part has to be filled in and signed by the right person before the package is complete. The parts are laid out in sequence because each one builds on the last.

PartWho Fills It OutWhat Goes In It
I Individual who made the UC First-person statement of facts. What happened, in order. Who called whom. What was said. Why the acquisition rules (FAR, DFARS, AFFARS, mandatory procedures) were not followed. This is the hardest part to get right and the most important.
II Individual's supervisor What action the supervisor took once the UC was discovered, and what preventive measures are in place so this does not happen again. Counseling, training, process change, whatever is true.
III Receiving activity Statement that the supplies or services were actually received and accepted. Ties directly to criterion 1 above.
IV Accounting and finance Funds availability certification. Right color of money, then and now. Ties directly to criterion 6.
V Contracting officer CO's review and recommendation. Price reasonableness determination, confirmation of receipt, recommendation for or against ratification. Checkboxes and a narrative. Section 8 below walks through this.
VI Legal Legal sufficiency review and concurrence. Legal is not rubber-stamping; they are checking that the criteria are actually met and the narrative supports the action.
VII Ratification approving authority The COCO or SCO signs here, citing the AFFARS delegation authority. This is the act of ratification.
Keep the parts in sequence. Do not start the CO's review in Part V before the individual has filled in Part I. The CO's recommendation depends on the facts, and the facts belong to the person who was there. If Part I is thin, the whole package is thin.

8 Part V: The CO's Job

Part V is where contracting does its work. The template lays out a series of determinations the CO has to make, usually in a checkbox format, and then a narrative recommendation. The determinations track the FAR criteria:

  • Prices are fair and reasonable / are not fair and reasonable. Based on whatever analysis is appropriate for the dollar level and type of buy. Document the comparison.
  • Supplies or services were received / were not received. Tie this back to the Part III statement and any receiving documents.
  • The purchase is one the government would otherwise have made / would not have made. If the government was going to have to buy this thing anyway, that supports the ratification. If it was unnecessary, that is a problem.
  • Prices are recommended / are not recommended. Only recommend prices the CO can defend.
  • Part I narrative is sufficient / is not sufficient, or a CO-prepared statement of facts is attached. If Part I is weak, the CO can write an attached statement of facts based on the record, but Part I itself should still be completed.

The narrative portion of Part V is where the CO explains the recommendation in plain language. What happened, what analysis was done, what the CO is recommending, and why. Keep it factual. Keep it short. The goal is a reviewer who reads Part V and immediately understands the case.

Do not recommend ratification you cannot defend. If the price is not supportable, if the receipt is not clean, if funds are not right, or if the contract would not have been proper in the first place, say so. "Recommend against ratification" is a legitimate outcome and it protects the government. Section 9 covers what happens next when the answer is no.

9 What Kills a Package (and What to Do)

A ratification package fails when one or more of the six criteria cannot be met. Common reasons:

  • The contract would not have been proper. The vendor was not eligible. The work was not something the government could buy under any authority. The method would have been illegal even with a warrant. Ratification cannot fix that.
  • Price cannot be supported as fair and reasonable. The vendor is asking for a number the CO cannot justify and will not come down.
  • Legal will not concur. The legal office reviews the facts and the criteria and finds the package insufficient. Their concurrence is a required element.
  • Funds were not available at the time. Wrong color of money, wrong fiscal year, no appropriation to cite. This is a fatal criterion 6 failure and sometimes ends up in a 31 U.S.C. 1341 (Antideficiency Act) analysis.
  • The individual refuses to complete Part I or the facts are unclear. Without a clean statement of facts, the CO has nothing to recommend on.

When a package cannot be ratified, the matter does not just disappear. The government may still owe the vendor something under a different theory. FAR 1.602-3(d) points to 31 U.S.C. 3702 (settlement of accounts by GAO) or FAR subpart 50.1 (extraordinary contractual actions under Public Law 85-804) as possible paths. Those are legal-heavy routes that the CO supports but does not drive alone.

Non-ratifiable does not mean unpaid. A vendor who performed in good faith and delivered a real benefit to the government may still be entitled to payment through other mechanisms. That is why the criteria that fail should be documented precisely. The next reviewer needs to know what the issue is so they can route the matter correctly.

10 CO Quick Checklist

  • Both elements present? Unauthorized (no authority at the time of action) AND commitment (vendor reasonably told to proceed). If not, this is not a ratification case.
  • Part I drafted in first person by the individual, describing facts and why rules were not followed?
  • Part II signed by the supervisor with real corrective action, not boilerplate?
  • Part III receiving activity statement signed, matches delivery records?
  • Part IV funds available then and now, right color of money, cited to the correct PR or line?
  • Part V CO determinations complete, price reasonableness documented, recommendation written?
  • Part VI legal concurrence on file, not just routed for review?
  • Part VII routed to the correct approving authority (COCO below SAT, SCO at or above SAT)?
  • File copy, customer copy, vendor modification or award document prepared for after-the-fact execution?
Part A • The fact pattern

A mission-critical data center at Wildhorse AFB houses servers supporting base communications and a tenant flying unit's mission planning system. On Saturday, 6 March 2027, at approximately 0630, the facility's primary HVAC unit failed. Interior temperatures began climbing and the facility manager, TSgt Delia Ramirez (7 CS/SCX), was notified by the duty controller. TSgt Ramirez confirmed the failure in person, attempted to reach the base civil engineer on-call line, and reached a voicemail. Knowing that thermal shutdown of the racks was imminent, she called Arrow Mechanical LLC, a local HVAC vendor that had serviced the building under a previous contract, and asked them to come fix the unit immediately. Arrow dispatched a two-person crew within the hour. The crew replaced a failed compressor and recharged the system. They left the site at 1815 Saturday with the unit running normally.

On Monday, 8 March 2027, TSgt Ramirez walked into the contracting squadron with an invoice from Arrow Mechanical for $18,240. She had no contract, no PR, and no warrant. She told the CO, "I know I did this wrong. I didn't have time to wait." The squadron opened a ratification package that day.

Part B • The package, part by part
Ratification of Unauthorized Commitment Arrow Mechanical LLC • Emergency HVAC Repair
ACTION
Ratification of unauthorized commitment under FAR 1.602-3
DATE
8 March 2027
AMOUNT
$18,240.00
VENDOR
Arrow Mechanical LLC, Wildhorse, [State]
DELEGATION
Below SAT → Chief of the Contracting Office (not further delegable)
PART I Individual Statement

On Saturday, 6 March 2027, at approximately 0630, I was notified by the Bldg 340 duty controller that the primary HVAC unit serving the data center had failed. I responded to the building and confirmed the failure. Interior temperature in the main server room had risen to approximately 82 degrees Fahrenheit and was continuing to rise. I attempted to reach the base civil engineer on-call technician at [number] and reached voicemail. I did not attempt to reach the contracting squadron after-hours line because I did not know one existed.

Knowing that continued thermal rise would force an automated shutdown of the servers and cause a loss of base communications and mission planning systems, I made the decision to call Arrow Mechanical LLC, a vendor who had serviced the same unit on a previous contract. I asked them to dispatch a crew to repair the unit as quickly as possible. Arrow arrived on site at approximately 0745 with two technicians. They diagnosed a failed compressor, sourced a replacement from their local shop, and completed the repair and recharge by 1815 the same day. I signed an informal work ticket on site acknowledging the work was completed.

I did not follow FAR 13.201 simplified acquisition procedures, and I did not obtain authorization from a warranted contracting officer before directing Arrow Mechanical to perform the work. I am not a warranted contracting officer and I hold no contracting authority. I did not follow the after-hours emergency acquisition procedures in the 7 CONS/CC emergency procurement memorandum because I was not aware of them at the time of the event. I have since been briefed on those procedures by the 7 CONS/CC.

Signed: Delia M. Ramirez, TSgt, USAF, 7 CS/SCX · 8 March 2027
PART II Supervisor Action and Prevention

TSgt Ramirez notified me of the unauthorized commitment on Monday, 8 March 2027, as soon as the squadron opened. She self-reported and cooperated fully. I counseled her on the correct after-hours escalation path, which is to contact the 7 CONS/CC after-hours duty phone and request an emergency contracting action. I have added the after-hours contact information to the 7 CS/SCX recall roster and the Bldg 340 emergency response binder. I have also requested that the 7 CONS schedule a recurring emergency acquisition brief for all 7 CS facility managers within the next quarter.

Signed: Benjamin H. Castellanos, MSgt, USAF, 7 CS/SCX Flight Chief · 8 March 2027
PART III Receiving Activity Statement

The HVAC repair services described in Part I were received and accepted on 6 March 2027. The replaced compressor and associated work were visually inspected by 7 CES/CEOIE (mechanical) on 9 March 2027 and found to be installed correctly and operational. The unit has operated continuously since completion of the repair. Government benefit from performance is confirmed.

Signed: Jennifer A. Holcomb, GS-12, 7 CES/CEOIE · 9 March 2027
PART IV Accounting and Finance: Funds Availability

Funds in the amount of $18,240.00 were available on 6 March 2027 within the 7 CS FY27 Operation and Maintenance (3400) appropriation, facility maintenance sub-account, and remain available for obligation as of this date. Funds will be cited on PR 7CS-27-R-0041 at ratification.

Signed: Marcus T. Delacroix, GS-11, 7 CPTS/FMAR · 9 March 2027
PART V Contracting Officer Review and Recommendation
Prices are fair and reasonable. Arrow Mechanical's invoice was compared against (a) two historical emergency HVAC repair invoices from the 7 CONS contract file covering similar compressor replacements at $16,800 and $19,120 (Dec 2024 and Aug 2026), (b) Arrow's standard commercial rate card on file from the prior contract, and (c) a telephone quote obtained on 9 March 2027 from a second local HVAC vendor for a comparable emergency response. The Arrow invoice is within the range of all three comparisons and consistent with local market rates for weekend emergency response.
Supplies or services were received. Confirmed by Part III and by on-site inspection by 7 CES/CEOIE on 9 March 2027.
The purchase is one the government would otherwise have made. The HVAC repair was necessary to prevent loss of base communications and mission planning systems. Had the unit failed during normal business hours, the 7 CONS would have executed an emergency purchase under SAP authority for the same scope.
Prices are recommended for payment.
The Part I narrative is sufficient.

Recommendation: I recommend ratification of the unauthorized commitment in the amount of $18,240.00. All six criteria in FAR 1.602-3(c) are met. Dollar value is below the Simplified Acquisition Threshold, routing to COCO for signature.

Signed: Karen L. Whitfield, GS-12, Contracting Officer, 7 CONS/LGCA · 10 March 2027
PART VI Legal Review

The proposed ratification has been reviewed for legal sufficiency. The record supports that the criteria in FAR 1.602-3(c) are met. The matter does not involve a claim requiring processing under FAR subpart 33.2. Legal concurrence is provided.

Signed: David R. Okonkwo, Maj, USAF, 7 MSG/JA · 10 March 2027
PART VII Ratification Approving Authority

Pursuant to the authority vested in me by AFFARS 5301.602-3(b)(2), I hereby ratify the act of TSgt Delia M. Ramirez, 7 CS/SCX, who on or about 6 March 2027 authorized Arrow Mechanical LLC to perform emergency HVAC repair services on the primary cooling unit serving Building 340. The dollar value of the transaction is $18,240.00. Ratification is deemed to be in the best interest of the government and is within the authority and limitations of FAR 1.6 and supplements thereto.

Signed: Rebecca J. Ainsworth, GS-14, Chief of the Contracting Office, 7 CONS/LGC · 11 March 2027
Sample package, fictional people and units. Formatting and signature routing track the seven-part AF ratification template. Actual packages should use the current template and follow local MAJCOM or installation supplement guidance. AFFARS citation in Part VII will renumber once the Revolutionary FAR Overhaul becomes final (anticipated AFFARS 5301.405 or equivalent).
Part C • What made this one clean

A few things about the Arrow Mechanical package that a reviewer would notice on a first read:

Part I is in first person TSgt Ramirez wrote it herself. She said what she did and why. She admitted she did not know about the after-hours contracting line. That honesty is what Part I is supposed to look like. A Part I written by someone else in passive voice, full of hedging, is a Part I that legal will send back.

Part II has a real fix MSgt Castellanos did not just write "counseled individual." He identified the actual gap (awareness of after-hours procedures), added the contact info to the recall roster and the building binder, and asked for a recurring brief. That is what a supervisor action is for.

Price comparison is documented The CO did not just write "prices appear fair and reasonable." She compared against two historical invoices, a rate card, and a fresh telephone quote. Any reviewer can retrace the analysis.

The government was going to buy it anyway This is the criterion that separates "emergency in good faith" from "unnecessary work someone wanted to pay for." Base communications and mission planning would have been lost without the repair. The analysis in Part V names that specifically.

Routed to the right signature $18,240 is below SAT, so Part VII goes to the COCO. Not the SCO, not the squadron CC, not a delegated alternate. The right desk.

The posture to bring to these. The contracting office's job here is to protect the government and get Arrow Mechanical paid for work that was needed and performed in good faith, not to punish TSgt Ramirez. The counseling, the training update, and the recall roster change all happen regardless. Those are tools for preventing the next one, not a scoreboard for the last one.

When a real one lands on your desk, you do not start from scratch. The Air Force has an existing ratification template that walks through all seven parts. Download it here, route it to the right people in the right order, and build the package off of that.

PDF
Template
AF Ratification Template
Seven-part fillable form • Parts I–VII • PDF
⬇️ Download Template
Before you download anything. Make sure you are actually looking at a ratification. Both elements present: unauthorized at the time of action, and a real commitment to the vendor. If either one is missing, this template is not the right tool. Go back to Section 2 and 3 in the Learn tab.

How to Work the Template

  1. Open the template and save a working copy
    Save the blank PDF locally with a filename that identifies the case. Something like Ratification_[Vendor]_[Date]_WORKING.pdf. Do not work out of the downloads folder. You will be handing copies to the individual, their supervisor, finance, legal, and the approving authority, so give yourself a clean source document from the start.
  2. Send Part I to the individual who made the commitment
    Part I has to be written by the person who actually did it, in first person. Do not draft it for them. Give them the template, tell them to describe what happened, when, who they called, and why FAR/DFARS/AFFARS and mandatory procedures were not followed. Ask them to be specific and honest. A vague Part I is the most common reason packages stall in legal.
  3. Route Part II to the individual's supervisor
    The supervisor writes what action they took (counseling, training, process change) and what preventive measures are in place so this does not happen again. "Counseled individual" with no detail is not enough. Ask for the actual fix.
  4. Get Part III from the receiving activity
    A written statement from the receiving organization confirming the supplies or services were actually received and accepted, with a date. This establishes the government benefit required by FAR 1.602-3(c)(1).
  5. Request funds certification on Part IV
    Finance certifies that funds were available at the time of the unauthorized commitment and are available now, citing the correct appropriation and fiscal year. Right color of money matters here. If the wrong appropriation was used, this is the place it surfaces.
  6. Complete Part V (the CO block)
    Walk the checkboxes using the determinations in Section 8 of the Learn tab. Document the price reasonableness analysis in enough detail that any reviewer can retrace it. Write a short narrative recommendation at the end. If the criteria are not met, recommend against ratification and say why.
  7. Send the package to legal for Part VI
    Legal reviews the entire file, not just their block. Expect questions. Answer them quickly. A package with clean Part I facts, a documented Part V analysis, and clear Part III and IV certifications usually clears legal without drama.
  8. Route Part VII to the correct approving authority
    Below SAT to the COCO, at or above SAT to the SCO. Not further delegable in either direction. Include the full package (Parts I–VI) with the routing, not just the signature page.
  9. After signature, execute the contractual action
    Ratification itself is an administrative approval. The vendor still needs to be paid against a contract vehicle or an after-the-fact purchase order. Issue the appropriate instrument (PO, modification, or SF 1449 as applicable), obligate the funds, and process the invoice through the normal payment channel.
  10. File the complete package
    Ratification packages are permanent contract file material. Keep a clean, signed copy in the contract file and in any squadron ratification log your office maintains. If the supervisor committed to a preventive action in Part II, note it somewhere you will see it again when you evaluate whether the fix actually stuck.
One more note on tone. The individual who filled in Part I is going to feel watched for a while. They are going to think everyone in the squadron knows. Treat the package as a working document, not a story to be told at the next training. The goal is to close the case and move on.