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DLAD

DLAD

Change Number: 2023-0201
Effective Date: 02/01/2023

1.602-3 Ratification of unauthorized commitments.

1.602-3 Ratification of unauthorized commitments.

(b) Policy.

(2) The HCA is authorized to approve ratification actions valued over the SAT. This authority is nondelegable.

(3) The CCO is authorized to approve ratification actions valued at or below the SAT. This authority is nondelegable.

(c) Limitations . The contracting officer shall—

(S-90) Prepare a request for ratification that conforms to requirements in the Ratification of Unauthorized Commitments Checklist at PGI 1.602-3 Ratification of unauthorized commitments. PGI 1.602-3 Ratification of unauthorized commitments.); and

(S-91) Submit the request to the CCO or HCA, as applicable (see 1.602-3 Ratification of unauthorized commitments. (b)1.602-3 Ratification of unauthorized commitments. (2)1.602-3 Ratification of unauthorized commitments. and 1.602-3 Ratification of unauthorized commitments. (b)1.602-3 Ratification of unauthorized commitments. (3)1.602-3 Ratification of unauthorized commitments.).

(d) Nonratifiable claims .

(S-90) An unauthorized commitment does not exist when—

(i) The contractor—

(A) Performed without a contract;

(B) Acted in good faith; and

(C) Submitted a claim to the Government; and

(ii) The Government—

(A) Did not direct the contractor to perform without a contract; and

(B) Received a benefit from the contractor’s voluntary performance.

(S-91) The contracting officer may recommend payment on a quantum meruit basis for goods received or services rendered .

(S-92) To request relief on a quantum meruit basis, the contracting officer shall—

(i) Prepare a request for relief that conforms to requirements in the Quantum Meruit Checklist at PGI 1.602-3 Ratification of unauthorized commitments. (d)PGI 1.602-3 Ratification of unauthorized commitments.;

(ii) Coordinate the request through Office of Counsel and the procuring organization chain of command; and

(iii) Submit the request to the DLA Acquisition Operations Division for CAE approval. The CAE approval authority is nondelegable.

DLAD Parts

DLAD PGI Parts