Unauthorized Commitments. When a USAID official, who does not have the authority to do so, acts in a way that leads a recipient or potential recipient acting in good faith to believe that USAID has committed to make a specific award; change the amount of an existing award; or, revise an existing award budget, program description, or any of the terms and conditions of the award, the official has made an unauthorized commitment. It is against U.S. Government and USAID policy to enter into unauthorized commitments. When the AO believes that an unauthorized commitment should be ratified and recommends payment, and the cognizant General Counsel or Resident Legal Officer concurs with the recommendation, the AO submits an action memorandum through the M/OAA/Evaluation Division to the Director, M/OAA, for ratification. The memorandum must show: ● Evidence that the grant would otherwise have been proper, if made by an appropriate AO; ● The AO reviewing the unauthorized commitment must determine the cost to be reasonable; ● The provided program has furthered USAID’s objectives; ● The findings of facts essential to the situation, arranged chronologically with cross references to supporting enclosures; ● The nature of the unauthorized commitment and funds citation; ● Funds are available and were also available at the time the unauthorized commitment was made; ● The recommended disposition; and ● A written statement from the person who made the unauthorized commitment. This statement must detail how the mistake occurred, what training the individual has received from the AO on proper procedures since the incident, and what steps will be taken to prevent future unauthorized commitments. Only the Director, M/OAA, has the authority to ratify unauthorized commitments.
