Bypassing the normal supply cycle is likely to continue until DOE successfully eliminates the causes of unauthorized obligations. There are three main reasons for unauthorized obligations: (1) DOE program managers often do not anticipate supply needs sufficiently in advance to apply normal contractual procedures; 2. The program faces the requirements of the emergency program and does not believe that there is sufficient time to go through normal contracting procedures; and (3) Program officers cannot proceed quickly with the review, approval and transmission of purchase requests to the Agency. Whatever the cause, the anti-deficiency law is violated when doe agents make unauthorized commitments and accept voluntary goods or services by a contractor before funds are acquired by Congress. In addition, the procurement rules do not contain the same restrictions as the federal public procurement regulation for the ratification of ineligible obligations that would not be authorized by the federal procurement regulation. While there may be cases where it is necessary to give a contractor the opportunity to start work before a contract is concluded, unauthorized undertakings are never an appropriate means of obtaining goods or services. DoE must implement a formal method of monitoring unauthorized obligations. Until it is able to accurately assess the prevalence of the use of unauthorized bonds, it will be difficult to try to eliminate them. Deliveries or services are ordered by a person who is not mentioned on a purchase card or who is mentioned in a contract or framework contract. Note: A funding document is not a contractual document.
4. The contract agent who verifies the unauthorized obligation states that the price is fair and reasonable; An unauthorized obligation is defined in FAR 1.602-3 (a) as an agreement that is not binding solely because the government representative who did so was not authorized to enter into the agreement on behalf of the government. The only people who can hire the government are contract agents and purchase card holders who act within their delegated responsibilities. Illegal obligations are contrary to federal law, federal regulations, government standards of conduct for federal public servants and Uspats regulations.