B-179898, MAR 11, 1974
Highlights
THE AMOUNT BILLED MAY BE PAID IF IT IS ADMINISTRATIVELY DETERMINED TO REPRESENT THE REASONABLE VALUE OF PHOTO SERVICES FURNISHED. IS IN RESPONSE TO HIS REQUEST FOR OUR OPINION AS TO THE LEGALITY OF PAYMENT OF A VOUCHER FOR AN UNAUTHORIZED PURCHASE OF SLIDES IN THE AMOUNT OF $217.60 TO KRUMS PHOTOGRAPHIC (KRUMS). THE RECORD SHOWS THAT THE PURCHASE WAS MADE BY A PUBLIC AFFAIRS OFFICER AT THE DEPARTMENT OF DEFENSE WHO HAD NOT BEEN DELEGATED THE AUTHORITY TO MAKE SUCH PURCHASE. IT APPEARS THAT THERE WAS AN URGENCY TO MEET A SCHEDULED DEADLINE AND THAT THERE WAS A CHANCE THE PHOTOGRAPHIC WORK COULD NOT HAVE BEEN ACCOMPLISHED IN-HOUSE IN SUFFICIENT TIME TO MEET THIS DEADLINE. THE ART WORK TO PREPARE THE NECESSARY SLIDES WAS SENT TO KRUMS.
B-179898, MAR 11, 1974
WHERE GOVERNMENT HAS RETAINED AND RECEIVED BENEFIT OF PHOTO SLIDES ORDERED BY EMPLOYEE WHO HAD NO AUTHORITY TO DO SO, CONTRACTOR, HAVING ACTED IN GOOD FAITH, MAY BE PAID ON QUANTUM VALEBAT BASIS. THE AMOUNT BILLED MAY BE PAID IF IT IS ADMINISTRATIVELY DETERMINED TO REPRESENT THE REASONABLE VALUE OF PHOTO SERVICES FURNISHED. SEE COMP. GEN. DECISIONS CITED.
TO DEFENSE SUPPLY AGENCY:
THIS DECISION TO THE CHIEF, ACCOUNTING AND FINANCE DIVISION, OFFICE OF THE COMPTROLLER, DEFENSE SUPPLY AGENCY, IS IN RESPONSE TO HIS REQUEST FOR OUR OPINION AS TO THE LEGALITY OF PAYMENT OF A VOUCHER FOR AN UNAUTHORIZED PURCHASE OF SLIDES IN THE AMOUNT OF $217.60 TO KRUMS PHOTOGRAPHIC (KRUMS).
THE RECORD SHOWS THAT THE PURCHASE WAS MADE BY A PUBLIC AFFAIRS OFFICER AT THE DEPARTMENT OF DEFENSE WHO HAD NOT BEEN DELEGATED THE AUTHORITY TO MAKE SUCH PURCHASE. IT APPEARS THAT THERE WAS AN URGENCY TO MEET A SCHEDULED DEADLINE AND THAT THERE WAS A CHANCE THE PHOTOGRAPHIC WORK COULD NOT HAVE BEEN ACCOMPLISHED IN-HOUSE IN SUFFICIENT TIME TO MEET THIS DEADLINE. THEREFORE, THE ART WORK TO PREPARE THE NECESSARY SLIDES WAS SENT TO KRUMS.
SINCE THE ITEMS WERE RECEIVED FROM THE SUPPLIER AND USED, THE DISBURSING OFFICER HAS RECOMMENDED THAT PAYMENT BE MADE ON A QUANTUM VALEBAT BASIS. FURTHER, IT IS REPORTED THAT ACTION HAS BEEN TAKEN TO PREVENT RECURRENCE OF THESE VIOLATIONS BY PUBLICATION OF A NOTICE IN THE WEEKLY BULLETIN DISTRIBUTED TO DEFENSE LOGISTICS SERVICES CENTER AND DEFENSE PROPERTY DISPOSAL SERVICE EMPLOYEES EMPHASIZING THAT THE CONTRACTING OFFICER IS THE ONLY PERSON AUTHORIZED TO MAKE PURCHASES FOR THE GOVERNMENT.
WHERE THE RIGHT TO PAYMENT ON A QUANTUM VALEBAT BASIS IS RECOGNIZED, IT IS PREDICATED ON THE THEORY THAT IT WOULD BE UNFAIR FOR ONE PARTY TO HAVE THE BENEFIT OF THE LABOR OF ANOTHER WITHOUT RECOMPENSE, AND RECOVERY IS LIMITED TO THE FAIR VALUE OF THE BENEFIT CONFERRED. B 177416, FEBRUARY 8, 1973. ACCORDINGLY, SINCE THE CONTRACTOR APPARENTLY FURNISHED THE SLIDES IN GOOD FAITH AND THE AMOUNT NOW CLAIMED IS ADMINISTRATIVELY DETERMINED TO REPRESENT THE REASONABLE VALUE OF THE PHOTO SERVICES FURNISHED, THE VOUCHER MAY BE CERTIFIED FOR PAYMENT. SEE B-179898, DECEMBER 11, 1973, AND CASES CITED THEREIN.