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    I realize a ratification cannot be processed without an invoice; however, even if an invoice is received, since acceptance of voluntary services are an ADA violation, per FMR Vol 14, Ch2, can this action be ratified or should it be processed as a claim (assuming the volunteer will submit an invoice)?


    Answer

    A ratification of the action, rather than a claim, is more appropriate, since the Gov't never had a contract to begin with.  So, I would continue with the ratification action that has started. 

     Priests take tips but never send "invoices" to brides and grooms for weddings they perform or  to parents of babies they Christian, so you may have a tough time getting an invoice. I would try to work under the definition of "consideration".  A binding contract requires an offer, an acceptance of the offer and consideration. Consideration requires two elements: 1) something must be given that the law regards as of sufficient legal value for the purpose - either to benefit to the seller or a detriment to the buyer, and 2) that benefit or detriment of legal value must be dealt with by the parties as the agreed-upon price or exchange for the promise.  The requirement for consideration does not require that what is relied upon for consideration be equivalent in value to the promise; the consideration need only have "some value". (The Gov't Contract Reference Book, George Washing University)  Using that definition, maybe you could document the consideration as participation in military events or something else that would benefit the priest.   Another choice would be to get the Church administration involved.  Ask them to submit an invoice to be paid to the Church, not the Priest.  Whatever you do, work as a team between contracting, finance, legal and the chaplains office, and clearly document the situation and the rationale supporting your decision.

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