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B-212101.2 1 (1983-08-23)

handle is hein.gao/gaobadlgs0001 and id is 1 raw text is: rTHE COMPTROLLER GENERAL yP DECISION OF THE UNITEm STATES WASHINGTON. 0. C. 20548 UNITEV FILE: B-212101.2 DATE: August 23, 1983 MATTER OF: DBA Systems, Inc.--Reconsideration DIGEST: Oral extension of closing date for receipt of proposals is not binding on the Government since contract negotiator did not have the authority to grant such an extension and Government is not bound beyond the actual authority conferred upon its agents. DBA Systems, Inc. (DBA), requests reconsideration of our decision in DBA Systems, Inc., B-212101, July 6, 1983, 83-2 CPD . Our decision summarily denied a protest filed by DBA which alleged that the contract negotiator had granted DBA an oral extension of the closing date and, as a result, DBA argues that its proposal should not have been rejected as a late proposal. We found that even if DBA was correct in its assertion that the contract negotiator did grant DBA an extension of the closing date, the extension was not binding on the Government and the rejection of DBA's proposal was proper. DBA contends that our prior decision failed to address the issue of whether the contract negotiator had implied authority to act on behalf of the contracting officer. It is well-established law that the Government is not bound beyond the actual authority conferred upon its agents. Federal Crop Insurance Corp. v. Merril, 332 U.S. 380, 384 (1947); United States v. Crance, 341 F. 2d 161 (8th Cir. 1965). The information submitted by the protester in its original protest indicates that the contract negotiator admits he did not have the authority to extend the closing date for receipt of proposals. Accordingly, the oral extension, if one was given, was not binding on the Government. Furthermore, although the protester is correct in asserting that Defense Acquisition Regulation (DAR) § 3-505(b) authorizes an oral extension of a closing date, we note that that provision also provides that any ex- tension should be confirmed by written amendment. In addition, instruction 3 to standard form 33A puts offerors on notice that all amendments will be furnished in writing to all offerors.

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