B-183878, JUN 20, 1975
Highlights
PAYMENT OF REASONABLE VALUE OF GOODS AND SERVICES PROVIDED IN CONDUCTING TRAINING SESSION IN SEWING MACHINE MAINTENANCE WITHOUT PROCUREMENT AUTHORIZATION MAY BE ALLOWED ON QUANTUM VALEBANT AND QUANTUM MERUIT BASIS WHERE GOVERNMENT BENEFITED FROM TRAINING SESSION AND PROCUREMENT WAS IMPLIEDLY RATIFIED BY ISSUANCE OF CONTRACT FOR SUBSEQUENT IDENTICAL TRAINING SESSION. THE SINGER COMPANY: THIS DECISION IS IN RESPONSE TO A REQUEST BY AN AUTHORIZED CERTIFYING OFFICER. THE RECORD SHOWS THE TRAINING SESSION WAS ORDERED. RATIFICATION WAS REFUSED. PRIMARILY BECAUSE THE OFFICIALS HAD NO BASIS TO DETERMINE IF THE PRICE WAS REASONABLE. THE CONTRACT FOR THE APRIL SESSION ESTABLISHES THAT THE COST CHARGED BY SINGER FOR THE NOVEMBER SESSION IS REASONABLE FOR THE SERVICES PERFORMED.
B-183878, JUN 20, 1975
PAYMENT OF REASONABLE VALUE OF GOODS AND SERVICES PROVIDED IN CONDUCTING TRAINING SESSION IN SEWING MACHINE MAINTENANCE WITHOUT PROCUREMENT AUTHORIZATION MAY BE ALLOWED ON QUANTUM VALEBANT AND QUANTUM MERUIT BASIS WHERE GOVERNMENT BENEFITED FROM TRAINING SESSION AND PROCUREMENT WAS IMPLIEDLY RATIFIED BY ISSUANCE OF CONTRACT FOR SUBSEQUENT IDENTICAL TRAINING SESSION.
THE SINGER COMPANY:
THIS DECISION IS IN RESPONSE TO A REQUEST BY AN AUTHORIZED CERTIFYING OFFICER, REGION 1, FOREST SERVICE, DEPARTMENT OF AGRICULTURE, FOR AN ADVANCE DECISION ON THE PROPRIETY OF MAKING A $1,513.43 PAYMENT TO THE SINGER COMPANY FOR CONDUCTING A TRAINING SESSION IN HEAVY DUTY SEWING MACHINE MAINTENANCE AT MISSOULA, MONTANA, DURING THE PERIOD NOVEMBER 5 14, 1974.
THE RECORD SHOWS THE TRAINING SESSION WAS ORDERED, WITHOUT PROPER PROCUREMENT AUTHORITY, BY THE PARACHUTE LOFT FOREMAN, MISSOULA SMOKEJUMPER BASE. THE CLAIMANT SATISFACTORILY PERFORMED THE SERVICES REQUIRED IN GOOD FAITH AND WITH THE FULL KNOWLEDGE AND ACQUIESCENCE OF FOREST SERVICE PERSONNEL OTHER THAN APPROPRIATE CONTRACTING OFFICIALS. UPON DISCOVERY OF THE PROCUREMENT, AUTHORIZED CONTRACTING OFFICIALS REVIEWED THE TRANSACTION, BUT RATIFICATION WAS REFUSED, PRIMARILY BECAUSE THE OFFICIALS HAD NO BASIS TO DETERMINE IF THE PRICE WAS REASONABLE. HOWEVER, ON MARCH 26, 1975, AN AUTHORIZED CONTRACTING OFFICER ENTERED INTO A CONTRACT FOR SERVICES WITH SINGER TO CONDUCT A SECOND, IDENTICAL TRAINING SESSION DURING THE PERIOD APRIL 7-18, 1975, AT THE SAME PRICE SINGER CHARGED FOR THE NOVEMBER SESSION. (CONTRACT NO. 26-3486.)
GIVEN THE CLOSE PROXIMITY IN TIME OF THE TWO TRAINING SESSIONS, AND THEIR IDENTITY AS TO SUBJECT MATTER AND INSTRUCTOR, THE CONTRACT FOR THE APRIL SESSION ESTABLISHES THAT THE COST CHARGED BY SINGER FOR THE NOVEMBER SESSION IS REASONABLE FOR THE SERVICES PERFORMED.
OUR OFFICE HAS RECOGNIZED THAT PAYMENT MAY BE MADE FOR THE REASONABLE VALUE OF GOODS OR SERVICES FURNISHED TO THE GOVERNMENT WITHOUT PROPER AUTHORIZATION ON A QUANTUM MERUIT OR QUANTUM VALEBANT BASIS WHERE IT CAN BE SHOWN THAT THE GOVERNMENT HAS RECEIVED A BENEFIT AND THAT PROCUREMENT OF THE GOODS OR SERVICES WAS EXPRESSLY OR IMPLIEDLY RATIFIED BY THE AUTHORIZED CONTRACTING OFFICIALS OF THE GOVERNMENT. B 166439, MAY 2, 1969. THE GOVERNMENT CLEARLY BENEFITED FROM THE NOVEMBER TRAINING SESSION AND AN IMPLIED RATIFICATION MAY BE INFERRED FROM THE ISSUANCE OF A CONTRACT FOR A SUBSEQUENT IDENTICAL TRAINING SESSION TO BE CONDUCTED BY SINGER. B-176513, JULY 26, 1972.
THEREFORE, SINCE THE REQUIREMENTS FOR REIMBURSEMENT ON A QUANTUM MERUIT AND QUANTUM VALEBANT BASIS HAVE BEEN MET, THE CLAIM MAY BE ALLOWED, IF OTHERWISE CORRECT.