PART II - CONTRACTING ACTIVITY/CONTRACTING OFFICE/CONTRACTING OFFICER REVIEW, LEGAL REVIEW AND OPINION, TEST OF RATIFIABILITY, PREPARATION OF DETERMINATION AND FINDINGS (D&F), AND PREPARATION OF SUMMARY RECOMMENDATION

(The appropriate contracting activity, contracting office, or contracting officer shall review the forwarded ratification request file and documentation, complete the following information, and proceed as follows. The contracting activity/office/officer review the documentation and endorsement for completeness and adequacy; ascertain the existence and obtain clarification of any doubtful questions of fact; prepare a determination and findings (D&F) addressing the limitations in FAR Subparts 1.602-3 (c)(1) through (7); prepare a recommendation to the appropriate ratification approving official: prepare the appropriate contractual documents; and submit the contract and supporting documents for local DISA legal counsel review and coordination.)

(The appropriate Legal Counsel reviews the file, provides a legal opinion, including the test of ratifiability, and returns the file to the respective contracting activity, contracting office or contracting officer for continued review, preparation, and appropriate inclusion of the D&F, Purchase Request (PR) funding in the ratification request package. Legal counsel reviews all proposed ratifications and approves all contracts as to form and legality. The legal review will result in a determination of whether or not the acquisition is ratifiable under FAR and DARS Subparts 1.602-3, whether the matter should be processed under FAR and DFAR Supplement Part 50 (Public Law 85-804) as a GAO claim, or recommend other appropriate disposition. Once the respective contracting activity, contracting office or contracting officer has received and incorporated the legal review, the contracting activity, office or contracting officer forwards the ratification request file.)

Following completion of Items 1 through 4 or Item 5, as applicable, and Item 6, the appropriate contracting activity, contracting officer, or HCO shall contact the Chief, Acquisition Strategy and Policy Division (PL2) to inform the HCA of the submission of a ratification request, obtain assignment of a unique Ratification Control Number for the request package, and ensure the appropriate data is entered in the HCA Ratification Database for the ratification request being processed. The contracting activity/contracting office/contracting officer will forward the ratification request package, with its assigned Ratification Control Number, through the chain of command to the appropriate ratification-approving official.

The ratification approving official will be the DISA Vice Director (DV), if unauthorized commitment was made by DISA personnel and is valued over the Simplified Acquisition Threshold, or the DISA HCA, if unauthorized commitment was made by DISA personnel and is valued at or below the Simplified Acquisition Threshold, or the DISA HCA if unauthorized commitment was made by non-DISA personnel and is valued above the Simplified Acquisition Threshold, or the respective DISA HCO if unauthorized commitment was made by non-DISA personnel and is valued at or below the Simplified Acquisition Threshold.)

1.  Determination of the adequacy of all facts, records, and documents furnished, and obtain any additional material required.

2.  Opinion from legal counsel as to whether the acquisition is ratifiable under FAR Subpart 1.602-3 and DARS Subpart 1.602-3, whether the matter should be processed under the FAR and DFARS Part 50 (Public Law 85-804), processed as a GAO claim, or otherwise handled.

3.  Determination of whether the price involved is considered fair and reasonable and indication of how that determination was made.

4.  Determination that sufficient funds are available to pay for the acquisition, and that funds were available at the time the unauthorized commitment was made.

5.  Summary statement of facts addressing the foregoing. (The statement is to include a recommendation as to whether the transaction should be ratified stating the reasons therefore. Advice against the ratification should include a recommendation as to whether the matter should be processed under FAR and DFARS Part 50 (Public Law 85-804), as a GAO claim, or for other appropriate disposition.)

6.  Determination of whether supplies or services have been provided to and accepted by the Government, or the Government otherwise has obtained a benefit resulting from performance of the unauthorized commitment.

7.  Determination that the ratifying official (e.g., the contracting officer) has the authority to enter into a contractual commitment.

8.  Determination of whether the resulting contract would otherwise have been proper if made by an appropriate contracting officer.

9.  Determination of whether the contracting officer recommends payment and legal counsel concurs in the recommendation, unless agency procedures expressly do not require such concurrence.

10.  Determination that the ratification is in accordance with any other limitations prescribed under Agency procedures.