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B-198915 1 (1980-07-01)

handle is hein.gao/gaobadijl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, . C. 20548 FILE: B-198915 DATE: July 1, 1980 MATTER OF: Department of Agriculture, Forest Service--Advance Decision DIGEST: Surety's liability would extend to both payment bond and performance bond where surety's Power of Attorney states that attorney-in-fact, who signed bonds on behalf of surety, was authorized to bind surety by executing bonds not exceeding $250,000. Since neither bond exceeded that amount, Power of Attorney may be accepted as evidence of attorney-in-fact's authority to execute each bond on behalf of surety even though Power of Attorney included only amount of.performance bond. Mr. Robert L. Stelter,.Contracting Officer, Department of Agriculture, Forest Service, requests our views on whether a particular Power of Attorney is adequate evidence of authority of the signer of the payment and performance bonds associated with contract No. 50-82X9-0-065 with Wind Row, Inc. The contract is for certain construction at the contract price of $222,180. The contractor submitted the required performance bond in the amount of $222,180, and payment bond in the amount of $111,090, reflecting that the surety for each bond was the Heritage Insurance Co. (Heritage). Mr. J. R. Misken, attorney-in-fact, signed the forms on behalf of the surety and provided a copy of a Power of Attorney from Heritage, stating that he was authorized to execute bonds not exceeding $250,000. The Power of Attorney was issued by Heritage on March 9, 1979. Prior to sending the Power of Attorney to the Forest Service, it appears that Mr. Misken noted on copy No. 15432 of the Power of Attorney that the. amount of the bond was $222,180 and the effective date was April 10, 1980.

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