Trainee facing · Read aloud
Current situation
Colonel Roy Campbell happens to be walking past the Campbell Hall job site while Peace Walker Infrastructure Partners, LLC is framing the office that will become his. He suggests adding a dedicated cold-climate mini-split and tells the foreman to install it before the wall closes.
The foreman sees Campbell's colonel rank, knows that he commands the installation, and hears him direct a change in the space intended for his own office. Peace Walker says it acted in good faith on what it believed was lawful Government direction. It installs the unit and now submits a $32,000 invoice. The unit was not in the task-order drawings or specifications, no Contracting Officer in the 713th Contracting Squadron (713 CONS) authorized the work, and the completed system is operational and in Government use.
Determine what authority, if any, bound the Government; whether an unauthorized commitment occurred; whether it can be ratified; and what investigation, organizational record, legal review, price determination, funding support, and approval package are required.
Trainer only · Do not issue
Facilitator context
Use at Increment 12 only after the explicit [I] unauthorized-commitment briefing and after asbestos abatement has advanced enough for office-wall framing to resume. Present this as a separate job-site event. Do not begin by crediting the prior response and do not describe a request to, refusal by, or bypass of Raiden. Colonel Campbell is the Government individual whose statement and corrective-action facts belong in this branch's package.
After initial discussion, ask trainees to distinguish apparent authority from actual authority. Campbell's rank, command position, job-site presence, directive wording, and interest in the office can explain Peace Walker's claimed good-faith belief. Under FAR 1.602-1, however, only an official with actual delegated authority may bind the Government, and only within that authority. The good-faith account remains relevant evidence; it does not itself create contracting authority.
Walk FAR 1.602-3(a) and (c). Ratification requires Government benefit; an authorized ratifying official; a purchase that would otherwise have been proper if made by an appropriate Contracting Officer; a fair and reasonable-price determination; Contracting Officer recommendation and legal concurrence unless agency procedures provide otherwise; funds available then and now; and every other agency limitation. The intended prompted record supports every condition, but trainees must develop and articulate each one.
For process, DAFFARS 5301.602-3 points to the current DAF ratification approval template and MP5301.601(a)(i) approval matrix. The Contracting Officer investigates; the organization supplies the circumstances, corrective action, disciplinary action or explanation, Colonel Campbell's signed statement, and relevant records; and the Contracting Officer prepares the case summary, legal concurrence, contractor invoice and correspondence, recommendation, and approval package. The authorized ratifying official—not the investigating Contracting Officer by convenience—decides. Complete the package review within [IG].
Trainer clue bank
Regulatory signposts
10 sourcesDirect trainees to a citation when they need a narrower clue. Have them apply the contract’s actual clauses, current thresholds, local policy, and the facts before treating any signpost as dispositive.
- FAR1.602-1AuthorityClue: A Contracting Officer may bind the Government only to the extent of delegated authority. Colonel Campbell has command authority but no contracting warrant or delegation to change this task order. Rank, directive language, contractor good faith, and Government benefit do not by themselves supply actual contracting authority.↗
- Federal CircuitThe Portland Mint v. United States, No. 2022-2154 (Fed. Cir. 2024)Actual authority—not apparent authorityClue: The court reiterates that the Government representative whose conduct is relied upon must possess actual authority to bind the Government. Use the opinion to distinguish an appearance of authority from express or implied actual authority; neither rank nor sincere reliance alone establishes the latter.↗
- U.S.C.28 U.S.C. § 1491(a)(1)Court of Federal Claims contract jurisdictionClue: Use this only for the modeled consequence of mishandling the unauthorized commitment: a contractor may bring a claim founded on an express or implied-in-fact contract in the Court of Federal Claims. Filing does not establish entitlement. The contractor must still satisfy the Federal Circuit's actual-authority rule; apparent authority, Government benefit, and sincere reliance alone are insufficient.↗
- FAR1.602-3Ratification of unauthorized commitmentsClue: First identify an agreement made without authority. Then test every paragraph (c) condition: Government benefit; ratifying-official authority; an otherwise proper purchase if made by an appropriate Contracting Officer; a fair and reasonable-price determination; Contracting Officer recommendation and legal concurrence unless agency procedures provide otherwise; funds available then and now; and every other agency limitation. Ratification is not an ordinary retroactive modification.↗
- DAFFARS5301.602-3Ratification of Unauthorized CommitmentsClue: The current DAF supplement directs users to MP5301.601(a)(i) and the ratification approval template. Use the template's record flow: Contracting Officer investigation; organization circumstances, individual statement, corrective and disciplinary action, and relevant documents; Contracting Officer case summary addressing FAR 1.602-3(c), legal review, invoice and correspondence, recommendation; then decision by the authorized ratifying official.↗
- DAFFARSMP5301.601(a)(i), Approval Authority MatrixRatification approval levelsClue: Have trainees determine the approving official from the current amount-based matrix; the contracting officer does not choose the level by convenience.↗
- DoDIDoDI 5000.72, Encl. 3, ¶ 1.e; Encl. 6, tbl. 1COR orientation, duties, and change limitsClue: The Contracting Officer's orientation addresses designated responsibilities, performance, conflicts, ethics, informal commitments, and unauthorized commitments. The COR ensures changes are not implemented before written Contracting Officer authorization, may recommend changes, and may clarify—but not change or agree to change—contract terms.↗
- FAR43.102Policy on contract modificationsClue: Ask who may bind the Government, why unauthorized direction must stop, and when pricing before execution or an expenditure ceiling matters.↗
- FAR15.404-1Proposal analysis techniquesClue: Use price analysis and, when appropriate, cost analysis of data other than certified cost or pricing data to support a fair and reasonable modification price. Compare the REA with the Government estimate, actual and segregated costs, technical quantities, schedule effects, salvage, mitigation, indirect costs, and profit rather than treating entitlement as proof of quantum.↗
- FAR43.105Availability of fundsClue: Ask trainees to confirm funds before increasing the price or authorizing work that could increase the Government’s obligation.↗