Employees Ordering Work Lacked Authority

Sinil’s Army repair and maintenance contracts were managed by the Directorate of Public Works (DPW). DPW personnel ordered work that subsequent audits indicated were inappropriately ordered due to a misinterpretation of contract requirements.

The government rejected the request for additional compensation asserting the DPW employees who authorized changes and substituted work outside the scope of the contract had no express or implied authority to do so. The appeals board agreed explaining that Sinil’s contracts included a “Contracting Officer Representative” clause which provided the COR was not authorized to make any commitments or changes affecting price, quality, quantity, delivery or any other term of the contract where only the CO had such authority (Sinil Co, ASBCA Nos. 55819 and 55820).

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