GSAM Questions

Question 1

What is required for submission to the HCA for ratifications?

Answer 1

GSAM/R 501.602-3(e)

Submit to the HCA all the following:

1. Request for ratification.
2. The contracting officer’s statement of facts and recommendation(s).
3. Concurrence of assigned legal counsel (except when the contracting officer recommends payment based on quantum meruit or quantum valebant).
4. If applicable, recommendation for payment on a quantum meruit* or quantum valebant basis** (see 501.602-3(f)).
5. Recommendation for corrective action to prevent recurrence.
   * quantum meruit - a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.

**quantum valebant – As much as it/they are worth. Basically, fair market value of goods received.

Question 2

Criminal intent pertaining to ratifications

Answer 2

501.602-3(b)
Generally, the Government is not bound by commitments made by persons with no contracting authority. Unauthorized commitments may violate laws or regulations. They constitute serious employee misconduct and may warrant disciplinary action. If unauthorized commitments involve any type of misconduct that might be punishable as a criminal offense, either the contracting officer or the employee’s supervisor must report the matter immediately to the Office of the Inspector General with a request for a complete investigation.

Even if no criminal intent, individual responsible for unauthorized commitment may be required to pay.