FAR 1.602—Contracting officers.

Authority.

FAR 1.602-1 explains the basic legal authority of contracting officers and the limits on that authority. It covers four main topics: the contracting officer’s power to enter into, administer, and terminate contracts; the ability to make related determinations and findings; the rule that the Government is bound only within the officer’s delegated authority; and the requirement that the officer receive written instructions on those limits from the appointing authority. It also requires that information about those authority limits be available to the public and agency personnel. In addition, it imposes a gatekeeping duty before award: no contract may be entered into unless the contracting officer has ensured that all required laws, executive orders, regulations, and other applicable procedures, including clearances and approvals, have been satisfied. In practice, this section is foundational because it protects the Government from unauthorized commitments, helps contractors know who can legally bind the United States, and forces contracting officers to verify compliance before award or other contractual action.

Responsibilities.

FAR 1.602-2 explains the core responsibilities of contracting officers and the rules for using contracting officer’s representatives (CORs). It covers the contracting officer’s duty to ensure effective contracting actions, contract compliance, and protection of the Government’s interests; the requirement to have sufficient funds and meet the basic contracting authority requirements in 1.602-1(b); the duty to treat contractors impartially and fairly; the expectation to seek advice from technical and legal specialists; and the requirement to appoint CORs in writing under agency procedures. It also sets out who may serve as a COR, the training and certification expectations, the limits on COR authority, how CORs are nominated and designated, and the required contents of the written designation. In practice, this section is about making sure the Government has a properly authorized, informed, and controlled acquisition team so that contract administration is effective and unauthorized commitments are avoided. It is especially important because it draws a bright line between the contracting officer’s authority and the COR’s limited delegated role.

Ratification of unauthorized commitments.

FAR 1.602-3 explains how the Government may approve an unauthorized commitment after the fact, and when it may not. It defines two core terms—"ratification" and "unauthorized commitment"—and sets the policy that agencies should prevent these situations rather than rely on cleanup procedures. The section identifies who may ratify, how that authority may be delegated, and when agencies should use ratification instead of sending the matter to the Government Accountability Office. It also distinguishes unauthorized commitments that are really contract claims, which belong under the Contract Disputes statute and FAR subpart 33.2, from those that may be ratified under this section. Finally, it lists the mandatory conditions for ratification, including acceptance or benefit to the Government, proper authority, a fair and reasonable price, legal concurrence in most cases, available funds, and compliance with agency procedures, and it notes that nonratifiable cases may have to be handled through GAO claim procedures or FAR subpart 50.1 with legal advice.