B-197889.OM, L/M, MAR 24, 1980

B-197889.OM: Mar 24, 1980

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PRECIS-UNAVAILABLE COMPTROLLER GENERAL: WE ARE FORWARDING THE CLAIM OF DELTAK. GEORGIA STATES THAT THE SERVICES WERE RECEIVED BY THE GOVERNMENT AND THAT THE GOVERNMENT BENEFITED FROM THEM. ATTACHED IS THE FILE CONCERNING THE CLAIM OF DELTAK FOR PAYMENT IN THE AMOUNT OF $44. IT WAS ASSUMED THIS CONTRACT WOULD BE RENEWED. A NEW CONTRACT FOR THE SERVICES FOR WHICH PAYMENT IS CLAIMED WAS NOT EXECUTED. THE COURTS AND OUR OFFICE HAVE RECOGNIZED THAT IN APPROPRIATE CIRCUMSTANCES PAYMENT MAY BE MADE FOR SERVICES RENDERED ON A QUANTUM MERUIT BASIS (THE REASONABLE VALUE OF WORK OR LABOR) OR FOR GOODS FURNISHED ON A QUANTUM VALEBAT BASIS (THE REASONABLE VALUE OF GOODS SOLD AND DELIVERED). 40 COMP.GEN. 447.

B-197889.OM, L/M, MAR 24, 1980

PRECIS-UNAVAILABLE

COMPTROLLER GENERAL:

WE ARE FORWARDING THE CLAIM OF DELTAK, INC. FOR $44,012.12. CLAIMANT SEEKS REIMBURSEMENT FOR PROVISION OF AUDIO-VISUAL INSTRUCTIONAL COURSES TO THE DEPARTMENT OF THE ARMY WITHOUT CONTRACTUAL COVERAGE.

THE CONTRACTING OFFICER AT HEADQUARTERS, FORT MCPHERSON, GEORGIA STATES THAT THE SERVICES WERE RECEIVED BY THE GOVERNMENT AND THAT THE GOVERNMENT BENEFITED FROM THEM. THE CONTRACTING OFFICER STATES THAT THE CLAIM SHOULD BE PAID. ACCORDINGLY, PAYMENT ON A QUANTUM MERUIT, QUANTUM VALEBAT BASIS MAY BE WARRANTED. SINCE THE CLAIM EXCEEDS $25,000, WE FORWARD IT FOR YOUR CONSIDERATION IN VIEW OF ITEM 11, B-112701, JUNE 28, 1954, AS MODIFIED BY B-189738-O.M., SEPTEMBER 30, 1977.

INDORSEMENT

ASSOCIATE DIRECTOR, FGMS-CLAIMS GROUP

RETURNED. ATTACHED IS THE FILE CONCERNING THE CLAIM OF DELTAK FOR PAYMENT IN THE AMOUNT OF $44,012.12 FOR AUDIO-VISUAL SERVICES PROVIDED AT FORT MCPHERSON, GEORGIA, DURING THE PERIOD SEPTEMBER 1, 1978, THROUGH JANUARY 31, 1979. DELTAK HAD AN FSS CONTRACT FOR THESE SERVICES THAT EXPIRED IN AUGUST 1978. IT WAS ASSUMED THIS CONTRACT WOULD BE RENEWED. HOWEVER, BECAUSE OF VARIOUS DIFFICULTIES, A NEW CONTRACT FOR THE SERVICES FOR WHICH PAYMENT IS CLAIMED WAS NOT EXECUTED.

ALTHOUGH THE UNITED STATES CANNOT BE BOUND BEYOND THE ACTUAL AUTHORITY CONFERRED UPON ITS AGENTS BY STATUTE OR REGULATION, SEE UNITED STATES V. CRANCE, 341 F.2D 161, 166 (1965), THE COURTS AND OUR OFFICE HAVE RECOGNIZED THAT IN APPROPRIATE CIRCUMSTANCES PAYMENT MAY BE MADE FOR SERVICES RENDERED ON A QUANTUM MERUIT BASIS (THE REASONABLE VALUE OF WORK OR LABOR) OR FOR GOODS FURNISHED ON A QUANTUM VALEBAT BASIS (THE REASONABLE VALUE OF GOODS SOLD AND DELIVERED). 40 COMP.GEN. 447, 451 (1961). RECOGNITION OF A RIGHT TO PAYMENT ON THIS BASIS, HOWEVER, REQUIRES A SHOWING (1) THAT THE GOVERNMENT RECEIVED A BENEFIT AND (2) THAT THE UNAUTHORIZED ACTION HAS BEEN EXPRESSLY OR IMPLIEDLY RATIFIED BY AUTHORIZED CONTRACTING OFFICIALS OF THE GOVERNMENT. DEFENSE MAPPING AGENCY, B-183915, JUNE 25, 1975, 75-2 CPD 15; THE SINGER COMPANY, B-183878, JUNE 20, 1975, 75-1 CPD 406.

THE CONTRACTING OFFICER AT HEADQUATERS, FORT MCPHERSON, STATES THAT DELTAK PROVIDED AUDIO-VISUAL SERVICES TO THE GOVERNMENT FOR THE PERIOD SEPTEMBER 1, 1978, THROUGH JANUARY 31, 1979, AND THUS THE GOVERNMENT HAS RECEIVED A BENEFIT. THE CONTRACTING OFFICER RECOMMENDS PAYMENT IN THE AMOUNT OF $32,372.60, WHICH IS BASED UPON THE TERMS OF THE EXPIRED CONTRACT, RATHER THAN THE AMOUNT CLAIMED. AN IMPLIED RATIFICATION MAY BE INFERRED FROM THE ACCEPTANCE OF THE SERVICES AND SUCH FAVORABLE RECOMMENDATION. SEE DAVE JARRETT CONSTRUCTION, B-197568, FEBRUARY 12, 1980, 80-1 CPD

; PLANNED COMMUNICATION SERVICES, INC., B-191476, MAY 31, 1978, 78-1 CPD 408; POTTER INSTRUMENT COMPANY, B-189431, JULY 18, 1977, 77-2 CPD 35.

ACCORDINGLY, PAYMENT OF THE CLAIM IN THE AMOUNT OF $32,372.60 IS AUTHORIZED IF OTHERWISE CORRECT.