Under no circumstances shall ACO/ACT personnel (other than duly appointed Contracting Officers and other individuals specifically authorised by them) enter into formal negotiations, place orders or execute contracts or modifications for the provision of supplies or services to ACO/ACT HQs, or in any way obligate NATO. P&C Branch should take positive action to preclude, to the maximum extent possible, the need for ratification actions. Although procedures are provided herein for use in those cases where the ratification of an unauthorised commitment is necessary, these procedures may not be used in a manner that encourages such commitments being made by unauthorised personnel. NATO accepts no responsibility for unauthorised contractual obligations entered into by individuals other than Contracting Officers or their authorised agents. Individuals entering into such arrangements do so at their own personal financial liability, and are further subject to disciplinary action. Subject to deviation authority provided to them, FCs as ratifying officials, and in that capacity may authorise the ratification of an unauthorised commitment. Prior to ratifying an unauthorised act, the HQs FC will appoint an individual (e.g., Contracting Officer, Internal Review Officer) to review the matter. The first action will be to formally notify both the individual and his/her Division Chief of the breach of procedure and resolving inquiry. In the course of the investigation certain arguments might be considered: Supplies or services have been provided to and accepted by NATO, or NATO otherwise has obtained or will obtain a benefit resulting from performance of the unauthorised commitment. The resulting contract would otherwise have been proper if made by an appropriate Contracting Officer and the price is to be fair and reasonable. The individual reviewing the unauthorised commitment recommends payment and legal counsel concurs in the recommendation, unless local procedures expressly do not require such concurrence. Funds are available and were available at the time the unauthorised commitment was made. In cases where ratification is not recommended, the responsible individual who committed the unauthorised commitment will be fully responsible. In other words, ACO/ACT will consider itself a non-involved party. Whether an unauthorised commitment can be ratified or not, corrective action should be immediately taken under the FC guidance to prevent further occurrences. Associated efforts should include proper counselling of involved individual(s), and (if necessary) appropriate disciplinary measures.
Under no circumstances shall ACO/ACT personnel (other than duly appointed Contracting Officers and other individuals specifically authorised by them) enter into formal negotiations, place orders or execute contracts or modifications for the provision of supplies or services to ACO/ACT HQs, or in any way obligate NATO. P&C Branch should take positive action to preclude, to the maximum extent possible, the need for ratification actions. Although procedures are provided herein for use in those cases where the ratification of an unauthorised commitment is necessary, these procedures may not be used in a manner that encourages such commitments being made by unauthorised personnel. NATO accepts no responsibility for unauthorised contractual obligations entered into by individuals other than Contracting Officers or their authorised agents. Individuals entering into such arrangements do so at their own personal financial liability, and are further subject to disciplinary action. Subject to deviation authority provided to them, FCs as ratifying officials, and in that capacity may authorise the ratification of an unauthorised commitment. Prior to ratifying an unauthorised act, the HQs FC will appoint an individual (e.g., Contracting Officer, Internal Review Officer) to review the matter. The first action will be to formally notify both the individual and his/her Division Chief of the breach of procedure and resolving inquiry. In the course of the investigation certain arguments might be considered: Supplies or services have been provided to and accepted by NATO, or NATO otherwise has obtained or will obtain a benefit resulting from performance of the unauthorised commitment. The resulting contract would otherwise have been proper if made by an appropriate Contracting Officer and the price is to be fair and reasonable. The individual reviewing the unauthorised commitment recommends payment and legal counsel concurs in the recommendation, unless local procedures expressly do not require such concurrence. Funds are available and were available at the time the unauthorised commitment was made. In cases where ratification is not recommended, the responsible individual who committed the unauthorised commitment will be fully responsible. In other words, ACO/ACT will consider itself a non-involved party. Whether an unauthorised commitment can be ratified or not, corrective action should be immediately taken under the FC guidance to prevent further occurrences. Associated efforts should include proper counselling of involved individual(s), and (if necessary) appropriate disciplinary measures.
bisc_directive.docx