District of Columbia Ratification Agreement
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FAQ
Program personnel who make un- authorized commitments and accept voluntary goods or services from contractors also risk violating the Anti-Deficiency Act.
Serious personal liability, disciplinary action, and criminal prosecution may result from such unauthorized acts.
Unauthorized Commitment: An agreement that may not legally bind the government solely because the representative who made it lacked the authority to enter into such an agreement on behalf of the government.
Unauthorized commitments are rectified through a process known as "ratification." Ratification is a legal and regulatory process that makes the unauthorized commitment legal within the constraints of fiscal policy. The outcome of the ratification process is a contract that legally binds the Government.
How do I know if I've made an unauthorized commitment? If you think you've crossed the line, you probably have. Some key signals would be the vendor offering to send you the products, agreeing on a delivery date, discussing payment terms or negotiating price.
If an employee makes an unauthorized commitment, the government can hold this individual accountable for the costs and make them pay out of pocket for the unauthorized action.
The employee reaches out to a local paving contractor and tells them to fill the potholes, and the contractor completes the work on the employee's verbal authorization. This is an unauthorized commitment because Federal employees must be delegated authority to make purchases.
An unauthorized commitment is 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.
