On March 2, 2021, James Boland, Diz Locaria, and Christopher Griesedieck published “SBA Vendor Report Overlooks Implicit Contract Ratification” in Law360. The following is an excerpt:
The U.S. Small Business Administration's Office of the Inspector General recently issued a report identifying more than $10 million in unauthorized commitments to vendors providing services without a contract to do so. The OIG recommended that the SBA resolve the matter by ratifying the unauthorized commitments using the procedures at Federal Acquisition Regulation 1.602-3 on ratification of unauthorized commitments. However, the OIG's recommendation appears to overlook an important fact for federal contractors and agencies alike to keep in mind — that the SBA may have already ratified the unauthorized commitments through its actions or inactions.
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