FAR 4.101—Contracting officer’s signature.
Plain-English Summary
FAR 4.101 sets the basic signature rule for federal contracts: only a contracting officer may sign a contract on behalf of the United States, and the contracting officer’s name and official title must be typed, stamped, or printed on the contract. It also describes the normal order of execution, which is that the contractor signs first and the contracting officer signs afterward. Finally, it places a duty on the contracting officer to verify that the person or persons signing for the contractor actually have authority to bind the contractor, with the detailed authority requirements found in FAR 4.102. In practice, this section protects the Government from unauthorized commitments, helps ensure the contract is legally enforceable, and creates a clear record of who bound each side. It is a simple provision, but it is foundational to contract validity, signature authority, and file documentation.
Key Rules
Only COs sign for U.S.
Only a contracting officer may sign a contract on behalf of the United States. This means no other Government employee, even if involved in the procurement, may execute the contract unless they are the duly authorized contracting officer.
CO identity must appear
The contracting officer’s name and official title must be typed, stamped, or printed on the contract. This requirement creates a clear record of who exercised the Government’s signature authority.
Contractor signs first normally
The contracting officer normally signs after the contractor has signed the contract. This reflects the usual sequence of execution and helps confirm that both sides have agreed to the same terms before the Government binds itself.
Verify contractor authority
The contracting officer must ensure that the person or persons signing for the contractor have authority to bind the contractor. The specific methods and requirements for that verification are addressed in FAR 4.102.
Responsibilities
Contracting Officer
Sign the contract on behalf of the United States, ensure the name and official title are shown on the contract, normally sign only after the contractor has signed, and verify that the contractor’s signer(s) have authority to bind the contractor.
Contractor
Have an authorized representative sign the contract and provide assurance, documentation, or other evidence as needed to show that the signer can legally bind the contractor.
Agency/Contracting Activity
Ensure only properly warranted or otherwise authorized contracting officers execute contracts and maintain procedures that support proper signature authority and contract file documentation.
Practical Implications
A contract signed by someone other than a contracting officer on behalf of the United States can create serious validity and authority problems, so signature authority must be checked before execution.
The contracting officer should not rely on a signature alone; the file should support that the contractor’s signer had authority, especially for corporations, partnerships, joint ventures, or other entities with special signing rules.
The order of signatures matters operationally: getting the contractor’s signature first reduces the risk that the Government is bound before the contractor has accepted the terms.
The typed, stamped, or printed name and title are not just clerical details; they help identify the official who exercised authority and support auditability and accountability.
If the contractor’s signer is not clearly authorized, the contracting officer should pause execution and obtain proof of authority rather than risk an unenforceable or disputed agreement.
Official Regulatory Text
Only contracting officers shall sign contracts on behalf of the United States. The contracting officer’s name and official title shall be typed, stamped, or printed on the contract. The contracting officer normally signs the contract after it has been signed by the contractor. The contracting officer shall ensure that the signer(s) have authority to bind the contractor (see specific requirements in 4.102 of this subpart).