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To Contents	Can one Contracting Officer sign for another Contracting Officer? (Part 4)
By Anonymous on Thursday, May 22, 2003 - 09:54 pm: Here is an answer from DAU's Ask A Professor. Do you think it is correct for US Government contracts? The Scenario When I'm appointed acting division director in Ms. Smith's absence, I'm often asked to sign a contract document "for" the absent division director. These contract documents (contract, mod, D&F, J&A, etc.) have typically already been prepared for Ms. Smith's signature as contracting officer, not division director. This situation also occurs when a fellow contracting officer is absent and I'm asked to sign "for" that person. The Question Is it proper for me to sign "for" Ms. A as contracting officer or must the document be revised to indicate my contracting officer signature block? Is the answer affected when the absent person is a fellow contracting officer and not a division director for whom I am "acting?" As long as you are expressly given (in written [better] or spoken words) the authority to sign for/on behalf of a contracting officer, then you may do so. This is simply acting in the name of another as his/her agent. You are not taking the action in your own name. It's much like getting a power of attorney for someone to act on your behalf when you're unable. This concept has existed in law for centuries -- the common law. It is a much larger concept than the more narrow area of government contracting. On the other hand, if you want to sign the document with your own name and signature block, without reference to the other contracting officer, you may only do that if you have the authority -- the appropriate contracting officer's warrant. By Vern Edwards on Friday, May 23, 2003 - 12:05 am: In my opinion, that answer is wrong. FAR 1.601(a) states: "Contracts may be entered into and signed on behalf of the Government only by contracting officers." You have to be a contracting officer in order to sign. Status as a contracting officer does not confer the power to appoint contracting officers. And if you are a contracting officer and sign, then you sign for yourself, not "for" another By joel hoffman on Friday, May 23, 2003 - 06:51 am: From the earlier conversations here, as well as Vern's above post, it would seem that a KO could not appoint an agent - especially a non-warranted agent - to sign a contract for them. That would also signify to me that the KO delegated the duty to review the contract before signing. happy sails! joel By joel hoffman on Friday, May 23, 2003 - 06:54 am: Would the agent have to attach a copy of the form of Agency appointment to the contract? How about it, lawyers? By Anonymous on Saturday, May 24, 2003 - 12:12 am: Oh, pleeeeezzz, let's not go through this dialogue again. Didn't we beat that horse to death? By Anonymous on Tuesday, May 27, 2003 - 12:52 pm: The Ask a Professor answer seems to assume the CO has essentially redelegated his/her authority to someone else, albeit temporarily. The issuance of a warrant is itself a designation of an authorized agent to act on behalf of the Government (the principal). This suggests that an agent can designate another agent without any manifestation of consent by the principal. Within my department, a CO does not have any authority to delegate procurement authority to anyone else. Only specified officials can delegate Contracting Officer authority). After all, what is the point of issuing warrants only to individuals who meet a list of training and experience requirements if the CO could just turn around and pass that authority off to anyone else? The more offensive angle in all of this is the implication that the CO's signature is essentially a rubber-stamp process. Is the CO not expected to actually apply some expertise and judgement in reading and reviewing these documents for content before signing? If someone else has signed "for" the CO, who is legally the one responsible for making sure the document complies with applicable law and regulations, that the price is reasonable, etc? By joel hoffman on Tuesday, May 27, 2003 - 02:24 pm: I have a feeling that the first time a CO appoints a non-warranted "agent" to sign a contract would be the last appointment that CO ever makes. happy sails! joel hoffman By FormerCO4AF on Tuesday, May 27, 2003 - 03:30 pm: I agree with Vern. No matter who you are or what position you are "filling in for" if your not a Contracting Officer (warranted in your name) you can't sign. If you are a CO, you are signing as yourself. There is some delegation as to assigning CO's and warrants but that is specified in writing to a position and for specific warrants. Example: Contracting Squadron Commander can sign Contingency Contracting Officer warrants and some simplified, limited dollar warrants. Unless, for some wierd reason, your warrant specifically states you can delegate your CO authority, a CO can only sign as themselves. If a CO is out and the forms are already done, I just line out the individuals name and write my own. That is, of course, after the documents pass my inspection and I can agree with the action. By Eric Ottinger on Friday, May 30, 2003 - 05:22 pm: I am surprised that Vern is being so polite. This AAP answer merits at least a “goofy”. Usually, I try to take the high-minded view that the best reply to a bad argument is a better argument. However, there have to be a few ugly exceptions to test every good rule. This is one AAP answer that should be corrected. (Actually, we may have done some good. It appears that the offending Q&A has been taken down. Let’s see if a corrected Q&A is posted.) I very much agree with Anon 12:52 and FormerCOAF. A CO’s signature should never be a rubber stamp. I think this issue is going to be a persistant problem because many offices are going to send the document out to the contractor with a CO’s name already typed in the signature block. Notwithstanding the push to take everything that is merely useful out of the FAR and DFARS, some FAR coverage would be a good idea. Eric

Can one Contracting Officer sign for another Contracting Officer? (Part 4)

By Anonymous on Thursday, May 22, 2003 - 09:54 pm:

Here is an answer from DAU's Ask A Professor. Do you think it is correct for US Government contracts?

The Scenario
When I'm appointed acting division director in Ms. Smith's absence, I'm often asked to sign a contract document "for" the absent division director. These contract documents (contract, mod, D&F, J&A, etc.) have typically already been prepared for Ms. Smith's signature as contracting officer, not division director. This situation also occurs when a fellow contracting officer is absent and I'm asked to sign "for" that person.

The Question
Is it proper for me to sign "for" Ms. A as contracting officer or must the document be revised to indicate my contracting officer signature block? Is the answer affected when the absent person is a fellow contracting officer and not a division director for whom I am "acting?"

As long as you are expressly given (in written [better] or spoken words) the authority to sign for/on behalf of a contracting officer, then you may do so. This is simply acting in the name of another as his/her agent. You are not taking the action in your own name. It's much like getting a power of attorney for someone to act on your behalf when you're unable. This concept has existed in law for centuries -- the common law. It is a much larger concept than the more narrow area of government contracting. On the other hand, if you want to sign the document with your own name and signature block, without reference to the other contracting officer, you may only do that if you have the authority -- the appropriate contracting officer's warrant.

By Vern Edwards on Friday, May 23, 2003 - 12:05 am:

In my opinion, that answer is wrong.

FAR 1.601(a) states: "Contracts may be entered into and signed on behalf of the Government only by contracting officers."

You have to be a contracting officer in order to sign. Status as a contracting officer does not confer the power to appoint contracting officers. And if you are a contracting officer and sign, then you sign for yourself, not "for" another

By joel hoffman on Friday, May 23, 2003 - 06:51 am:

From the earlier conversations here, as well as Vern's above post, it would seem that a KO could not appoint an agent - especially a non-warranted agent - to sign a contract for them. That would also signify to me that the KO delegated the duty to review the contract before signing. happy sails! joel

By joel hoffman on Friday, May 23, 2003 - 06:54 am:

Would the agent have to attach a copy of the form of Agency appointment to the contract? How about it, lawyers?

By Anonymous on Saturday, May 24, 2003 - 12:12 am:

Oh, pleeeeezzz, let's not go through this dialogue again. Didn't we beat that horse to death?

By Anonymous on Tuesday, May 27, 2003 - 12:52 pm:

The Ask a Professor answer seems to assume the CO has essentially redelegated his/her authority to someone else, albeit temporarily. The issuance of a warrant is itself a designation of an authorized agent to act on behalf of the Government (the principal). This suggests that an agent can designate another agent without any manifestation of consent by the principal.

Within my department, a CO does not have any authority to delegate procurement authority to anyone else. Only specified officials can delegate Contracting Officer authority). After all, what is the point of issuing warrants only to individuals who meet a list of training and experience requirements if the CO could just turn around and pass that authority off to anyone else?

The more offensive angle in all of this is the implication that the CO's signature is essentially a rubber-stamp process. Is the CO not expected to actually apply some expertise and judgement in reading and reviewing these documents for content before signing? If someone else has signed "for" the CO, who is legally the one responsible for making sure the document complies with applicable law and regulations, that the price is reasonable, etc?

By joel hoffman on Tuesday, May 27, 2003 - 02:24 pm:

I have a feeling that the first time a CO appoints a non-warranted "agent" to sign a contract would be the last appointment that CO ever makes.

happy sails! joel hoffman

By FormerCO4AF on Tuesday, May 27, 2003 - 03:30 pm:

I agree with Vern.

No matter who you are or what position you are "filling in for" if your not a Contracting Officer (warranted in your name) you can't sign. If you are a CO, you are signing as yourself.

There is some delegation as to assigning CO's and warrants but that is specified in writing to a position and for specific warrants. Example: Contracting Squadron Commander can sign Contingency Contracting Officer warrants and some simplified, limited dollar warrants.

Unless, for some wierd reason, your warrant specifically states you can delegate your CO authority, a CO can only sign as themselves. If a CO is out and the forms are already done, I just line out the individuals name and write my own. That is, of course, after the documents pass my inspection and I can agree with the action.

By Eric Ottinger on Friday, May 30, 2003 - 05:22 pm:

I am surprised that Vern is being so polite. This AAP answer merits at least a “goofy”.

Usually, I try to take the high-minded view that the best reply to a bad argument is a better argument. However, there have to be a few ugly exceptions to test every good rule. This is one AAP answer that should be corrected. (Actually, we may have done some good. It appears that the offending Q&A has been taken down. Let’s see if a corrected Q&A is posted.)
I very much agree with Anon 12:52 and FormerCOAF. A CO’s signature should never be a rubber stamp.

I think this issue is going to be a persistant problem because many offices are going to send the document out to the contractor with a CO’s name already typed in the signature block. Notwithstanding the push to take everything that is merely useful out of the FAR and DFARS, some FAR coverage would be a good idea.

Eric