B-214913, MAY 2, 1984
Highlights
DIGEST: A BIDDER'S POST-BID OPENING CONFIRMATION THAT THE INDIVIDUAL WHO SIGNED THE BID WAS AUTHORIZED TO DO SO IS SUFFICIENT TO OVERCOME A CHALLENGE TO THE SIGNER'S AUTHORITY. PETERSEN CONTENDS THAT NORTH FORTY'S BID IS INVALID BECAUSE IT WAS SIGNED BY ELMER THAYER. WE HAVE HELD THAT A BIDDER'S POST-BID OPENING CONFIRMATION THAT THE INDIVIDUAL WHO SIGNED THE BID WAS AUTHORIZED TO DO SO IS SUFFICIENT TO OVERCOME A CHALLENGE TO THE SIGNER'S AUTHORITY. THE PROTEST IS DENIED.
B-214913, MAY 2, 1984
DIGEST: A BIDDER'S POST-BID OPENING CONFIRMATION THAT THE INDIVIDUAL WHO SIGNED THE BID WAS AUTHORIZED TO DO SO IS SUFFICIENT TO OVERCOME A CHALLENGE TO THE SIGNER'S AUTHORITY.
S.E. PETERSEN LOGGING CO.:
S.E. PETERSEN LOGGING CO. PROTESTS THE POSSIBLE AWARD OF A TIMBER SALE CONTRACT TO NORTH FORTY LOGGING CO. UNDER SNAKE SST NO. 052521, A TIMBER SALE CONDUCTED BY THE U.S. FOREST SERVICE, DEPARTMENT OF AGRICULTURE. PETERSEN CONTENDS THAT NORTH FORTY'S BID IS INVALID BECAUSE IT WAS SIGNED BY ELMER THAYER, NOT BY DAVID THAYER, THE COMPANY'S OWNER. PETERSEN BELIEVES ELMER THAYER LACKED AUTHORITY TO BIND NORTH FORTY. WE DENY THE PROTEST.
THE FOREST SERVICE ADVISES US IT HAS LEARNED THAT ELMER THAYER, DAVID THAYER'S FATHER, RECENTLY SOLD NORTH FORTY TO DAVID, BUT REMAINS ASSOCIATED WITH, AND RETAINS AUTHORITY TO BIND, THE COMPANY. WE HAVE HELD THAT A BIDDER'S POST-BID OPENING CONFIRMATION THAT THE INDIVIDUAL WHO SIGNED THE BID WAS AUTHORIZED TO DO SO IS SUFFICIENT TO OVERCOME A CHALLENGE TO THE SIGNER'S AUTHORITY. SEE F&H MANUFACTURING CORPORATION, B-196161, FEBRUARY 7, 1980, 80-1 CPD 105. WE FIND THE INFORMATION OBTAINED BY THE FOREST SERVICE SUFFICIENT TO OVERCOME PETERSEN'S CHALLENGE HERE.
THE PROTEST IS DENIED.