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[Request for Advance Decision Concerning Certification of Forest Service Purchase Order Payment]

B-212256 Sep 18, 1984
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Highlights

GAO was asked to determine whether: (1) two Forest Service purchase orders could be certified for payment; (2) the payment made on another purchase order was proper and, if not, whether the payment should be recovered; and (3) the payments could be made on a quantum valebant basis. The first purchase order was for calendars, the second was for Smokey Bear pocket planners, and the completed purchase order was for Woodsy Owl pocket planners. GAO held that all three of the purchases were procedurally deficient because the Service failed to obtain a required waiver from the General Services Administration before procuring each of the items from a source other than the Federal Supply Schedule. GAO also held that the first two purchase orders could be paid on a quantum valebant basis, since the government received a benefit, the contractor acted in good faith, and a waiver might have been granted had the Service requested one. In addition, GAO held that the Service was not required to collect the amount of the improper payment for Woodsy Owl pocket planners because payment could have been authorized on a quantum valebant basis and the amount of money involved was relatively small.

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