Operating Status
FULLY OPERATIONAL
OPERATING STATUS
This is a constructive change scenario The FAR does not define that, it's based on case law. I would talk to your Contracting Attorney. It's also not an unauthorized commitment because the CO authorized the work (or did nothing to stop it) and the CO has the authority to enter into the agreement (see FAR 1.602-1(a)).
However, what was violated was FAR 1.602-2(a): the CO did not ensure adequate funds were available for obligation. Also violated was the tenent of FAR subpart 4.1 Contract Execution in that no written contract was executed; see the definition of a contract in FAR 2.101 which states that "... except as otherwise authorized, are in writing."
You will also want to check your VAAR to see if your agency has implementing or supplementing language for the above citations.
Interesting Fact: Some agencies have recently issued class deviations which waive the requirement for the contractor to be registered in SAM.gov prior to award. These have been issued because of the very issues you included in question and background (backlog in registrations due to issues with the site).
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