B-174501, DEC 9, 1971

B-174501: Dec 9, 1971

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MCNAUGHTON PROVIDED SERVICES WITHOUT A CONTRACT FOR 18 MONTHS BASED UPON A STATEMENT BY A LOCAL AIR FORCE OFFICIAL THAT A PURCHASE ORDER WOULD BE AUTHORIZED AS APPROPRIATED FUNDS WERE AVAILABLE. WAS NOT RETROACTIVE IN EFFECT. PAYMENT IS AUTHORIZED UPON A QUANTUM VALEBANT THEORY WHEN AND IF THAT PERFORMANCE IS RATIFIED. BENEFIT WAS RECEIVED AND THE PROPER AGENCY. WOULD HAVE RATIFIED HAD A REQUEST BEEN MADE. PAYMENT IS CERTIFIED. RANK: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5. IT IS REPORTED THAT BOOK LEASING SERVICE ORIGINALLY WAS PROCURED FROM MCNAUGHTON DURING THE YEAR 1968 UNDER A CONTRACT BASED UPON THE USE OF A COMMAND WELFARE FUND. BEFORE THE EXPIRATION OF THE 1968 CONTRACT IT WAS ASCERTAINED THAT LOCAL APPROPRIATED FUNDS WOULD BE AVAILABLE FOR THE RENTAL OF LIBRARY BOOKS DURING THE YEAR 1969.

B-174501, DEC 9, 1971

CONTRACTS - UNAUTHORIZED PERFORMANCE - QUANTUM VALEBANT DECISION THAT PAYMENT TO MCNAUGHTON BOOK SERVICE, WILLIAMSPORT, PENN., MAY BE MADE IN AMOUNT OF $2,212.77 FOR BOOK LEASING SERVICE FURNISHED TO THE AIR FORCE STATION LIBRARY FROM JANUARY 1969 THROUGH JUNE 1970. MCNAUGHTON PROVIDED SERVICES WITHOUT A CONTRACT FOR 18 MONTHS BASED UPON A STATEMENT BY A LOCAL AIR FORCE OFFICIAL THAT A PURCHASE ORDER WOULD BE AUTHORIZED AS APPROPRIATED FUNDS WERE AVAILABLE. THE PURCHASE ORDER, WHEN ISSUED, WAS NOT RETROACTIVE IN EFFECT. WHERE THE GOVERNMENT HAS RECEIVED THE BENEFIT OF AN UNAUTHORIZED PERFORMANCE, PAYMENT IS AUTHORIZED UPON A QUANTUM VALEBANT THEORY WHEN AND IF THAT PERFORMANCE IS RATIFIED. HERE, BENEFIT WAS RECEIVED AND THE PROPER AGENCY, THE DEFENSE GENERAL SUPPLY CENTER, WOULD HAVE RATIFIED HAD A REQUEST BEEN MADE. THEREFORE, PAYMENT IS CERTIFIED.

TO COLONEL R. RANK:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1971, TCWC, ENCLOSING A REQUEST OF THE DEPUTY ACCOUNTING AND FINANCE OFFICER AT HEADQUARTERS, 1605TH AIR BASE GROUP, MILITARY AIRLIFT COMMAND, FOR AN ADVANCE DECISION WITH RESPECT TO WHETHER PAYMENT OF AN AMOUNT OF $2,212.77 PROPERLY MAY BE MADE ON A VOUCHER STATED IN FAVOR OF MCNAUGHTON BOOK SERVICE, WILLIAMSPORT, PENNSYLVANIA, FOR BOOK LEASING SERVICE FURNISHED TO THE STATION LIBRARY FROM JANUARY 1969 THROUGH JUNE 1970.

IT IS REPORTED THAT BOOK LEASING SERVICE ORIGINALLY WAS PROCURED FROM MCNAUGHTON DURING THE YEAR 1968 UNDER A CONTRACT BASED UPON THE USE OF A COMMAND WELFARE FUND. BEFORE THE EXPIRATION OF THE 1968 CONTRACT IT WAS ASCERTAINED THAT LOCAL APPROPRIATED FUNDS WOULD BE AVAILABLE FOR THE RENTAL OF LIBRARY BOOKS DURING THE YEAR 1969. MCNAUGHTON WAS INFORMED THAT A PURCHASE ORDER WOULD BE ISSUED FOR CONTINUANCE OF THE SERVICE AND THE LIBRARIAN ISSUED A PURCHASE REQUEST WHICH WAS RETURNED NOT PROCESSED. MCNAUGHTON CONTINUED TO PROVIDE BOOK LEASING SERVICE DURING AN 18-MONTH PERIOD WITHOUT HAVING RECEIVED PURCHASE ORDERS FOR SUCH SERVICE. HOWEVER, PROPER PURCHASE ORDERS WERE ISSUED FOR SERVICE FURNISHED SUBSEQUENT TO JUNE 30, 1970.

THE COMMANDER OF THE 1605TH AIR BASE GROUP PROPOSED TO RATIFY THE PROCUREMENT DURING THE PRIOR 18-MONTH PERIOD BUT IT WAS CONCLUDED BY HEADQUARTERS, MILITARY AIRLIFT COMMAND THAT THE COMMANDER DID NOT HAVE THE AUTHORITY TO RATIFY THE PROCUREMENT BECAUSE THE AIR BASE GROUP WAS NOT AUTHORIZED TO PROCURE BOOK RENTAL SERVICE FROM A STATESIDE FIRM. IT WAS INDICATED THAT THE BOOK LEASING SERVICE SHOULD HAVE BEEN REQUESTED THROUGH THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA, AND IT APPEARS THAT THE SUPPLY CENTER ISSUED THE ORDERS TO MCNAUGHTON FOR SERVICE TO BE FURNISHED SUBSEQUENT TO JUNE 30, 1970. THE AMOUNT PROPOSED TO BE PAID ON THE VOUCHER STATED IN FAVOR OF MCNAUGHTON IS INDICATED AS HAVING BEEN COMPUTED IN ACCORDANCE WITH FEDERAL SUPPLY SERVICE RATES FOR INDUSTRIAL GROUP 823, INDUSTRIAL CLASS 5231.

IT IS WELL RECOGNIZED THAT, IN APPROPRIATE CIRCUMSTANCES, PAYMENT MAY BE MADE FOR GOODS OR SERVICES FURNISHED TO THE GOVERNMENT WITHOUT PROPER AUTHORIZATION, ON A QUANTUM VALEBANT OR QUANTUM MERUIT BASIS, WHERE IT CAN BE SHOWN THAT THE GOVERNMENT RECEIVED A BENEFIT AND THAT PROCUREMENT OF THE UNAUTHORIZED GOODS OR SERVICES WAS EXPRESSLY OR IMPLIEDLY RATIFIED BY THE CONTRACTING OFFICIALS OF THE GOVERNMENT. SEE B-166439, MAY 2, 1969. IT APPEARS THAT THE GOVERNMENT RECEIVED A BENEFIT IN THIS CASE AND THAT THE CLAIM IN THE ADJUSTED AMOUNT OF $2,212.77 IS REASONABLE. ALSO, IT APPEARS THAT THE DEFENSE GENERAL SUPPLY CENTER WOULD HAVE RATIFIED THE PROCUREMENT OF THE BOOK LEASING SERVICE FOR THE 18-MONTH PERIOD, JANUARY 1969 THROUGH JUNE 1970, IF IT HAD BEEN REQUESTED TO DO SO, SINCE THE CENTER APPARENTLY ISSUED ORDERS TO MCNAUGHTON FOR SUBSEQUENT PERIODS OF SERVICE. IN THAT CONNECTION, SEE B-151632, JULY 9, 1963, WHEREIN IT WAS HELD THAT A FIRM WAS ENTITLED TO PAYMENT FOR THE REASONABLE VALUE OF SERVICES RENDERED AT THE REQUEST OF DEPARTMENTAL TECHNICAL PERSONNEL, SINCE THE GOVERNMENT RECEIVED THE BENEFIT OF THE SERVICES AND IT APPEARED THAT THE NECESSARY CONTRACTUAL ARRANGEMENTS WOULD HAVE BEEN MADE IF THE CONTRACTING OFFICER HAD BEEN REQUESTED TO DO SO WHEN THE NEED FOR THE SERVICES DEVELOPED.

ACCORDINGLY, THE VOUCHER STATED IN FAVOR OF MCNAUGHTON BOOK SERVICE, TOGETHER WITH ITS ACCOMPANYING PAPERS, IS RETURNED HEREWITH, AND YOU ARE ADVISED THAT PAYMENT THEREON IN THE AMOUNT OF $2,212.77 IS AUTHORIZED, IF OTHERWISE CORRECT.