Following a ward of a construction contract to build a new swimming pool at Delta Air Force Base, the contracting officer conducted a meeting with the contractor ad the base athletic director. Pointing to the athletic director, the contracting officer stated, “that’s your contract and the person you have to satisfy. ” Several months later the contractor submits a claim for the cost of five tons of marble, used to enhance the “motivational aspects” of the pool, as requested by the athletic director. Which of the following statements is accurate?
a) The Government must pay for the additional marble, because the athletic director was acting within the scope of her apparent authority.
b) The Government is not required to pay for the additional marble, because the request was a sovereign act of the government.
c) The government is not required to pay for the additional marble, because it can deny responsibility for the athletic director’s action under the concept of estoppel.
d) The government must pay for the additional marble if it is determined that the athletic director had been delegated actual authority (express or implied) to bind the Government for the additional work.