Reference no: EM131853534

Following award of a construction contract to build a new swimming pool at Delta Air Force Base, the contracting officer conducted a meeting with the contractor and the base athletic director. Pointing to the athletic director, the contracting officer stated, "That's your contact 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?

• 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.
• The Government is not required to pay for the additional marble, because the request was a sovereign act of the federal government.
• The Government must pay for the additional marble, because the athletic director was acting within the scope of her apparent authority.
• 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.