Essay about Legal Authority of Purchasing Agent

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Pages: 11

One of the first things that is taught upon entering an acquisition career field is who has the authority to make purchases. Depending on the organization the requirements that these chosen individuals need to meet may vary greatly. The ones given this authority are typically held in the upmost trust and are required to have additional training to better prepare themselves for this responsibility. Unfortunately not everyone knows and understands who may and who may not have the authority to enter into binding contracts with that particular company or that organization, furthermore they may not understand what their responsibilities are. To confuse a situation even further, there are times when one may either express or imply they have …show more content…
They must hold a bachelor’s degree form an accredited institution or have 24 semester hours towards contract related courses or pass an equivalency exam. Additionally the Air Force has implemented a Contracting Officer Test in which the applicant must pass with a minimum score of 85%. The questions for this test are derived from FAR, Defense Federal Acquisition Regulation Supplement (DFARS) and the Air Force Federal Acquisition Regulation Supplement (AFFARS). This is to ensure that the future contracting officer is familiar with various subjects and applicable federal regulations. The law of agency has two types of authority. The two types of authority are actual and apparent. Actual authority is created by communication which flow from the government to the contracting officer. Actual authority is falls within two categories: express and implied. Express authority is created by using explicit language. The government states the authority given to the contracting officer in a written warrant. Implied actual authority is necessary to carrying out express authority. Implied contracts result from surrounding facts and circumstances that suggest an agreement. For example, if a person takes something to be repaired, they expect the shop to act in good faith in fixing the care and charging the repairs. In return the shop expects that person to pay for any repairs. Even though a