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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. In terms of contracts, the only individual who can bind the government is a warranted contracting officer. There is no one at NPS with this authority.
For contracting purposes, an unauthorized commitment will occur if a contractor commences work prior to the award of the contract by the contracting officer or if work continues on a contract that has exhausted the funds available.
The best way to avoid unauthorized commitments is to plan ahead and initiate the contracting process on a timetable so that there is time to put the contract in place before the contractor starts to work. Also, when talking to potential vendors, the requestor should not give the impression that he or she has the authority to negotiate on behalf of the government.
If an unauthorized commitment is created, the process by which it is resolved is long and painful for the requestor. A possible outcome of this process is that the requestor will have to pay the cost of the contract out of his or her pocket.
NAVPGSCOL Instruction 4491.3B (PDF) provides guidance on unauthorized commitments.
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