B-201948.OM, FEB 10, 1981

B-201948.OM, FEB 10, 1981

PRECIS-UNAVAILABLE

COMPTROLLER GENERAL:

WE ARE FORWARDING THE CLAIM OF POST MARKETING CORPORATION FOR $26,066.83. CLAIMANT SEEKS REIMBURSEMENT FOR THE USE OF KEYPUNCH SERVICES PROVIDED THE DEPARTMENT OF THE NAVY WITHOUT CONTRACTUAL COVERAGE.

THE DIRECTOR OF THE PROCUREMENT DEPARTMENT OF THE NAVAL SUPPLY CENTER, PUGET SOUND, BREMERTON, WASHINGTON 98314, STATES THAT THE USE OF THE EQUIPMENT BENEFITED THE GOVERNMENT AND THAT THE CLAIMANT ACTED IN GOOD FAITH. THE NAVY REGIONAL FINANCE CENTER STATES THAT PRICES ARE CONSIDERED FAIR AND REASONABLE. ACCORDINGLY, PAYMENT ON A QUANTUM MERUIT, QUANTUM VALEBAT BASIS IS WARRANTED. SINCE THE CLAIM EXCEEDS $25,000.00, 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

DIRECTOR, AFMD DIVISION - CLAIMS GROUP

RETURNED. THE TEST TO APPLY IN A SITUATION WHERE THERE IS NO FORMAL CONTRACT IS WHETHER THE GOVERNMENT HAS RECEIVED A BENEFIT FROM THE UNAUTHORIZED PROCUREMENT AND WHETHER THE PROCUREMENT HAS BEEN EXPRESSLY OR IMPLIEDLY RATIFIED BY AUTHORIZED CONTRACTING OFFICIALS OF THE GOVERNMENT. 58 COMP.GEN. 789 (1979). BECAUSE THE CONTRACTING AGENCY, THE DEPARTMENT OF THE NAVY, STATES THAT THE EQUIPMENT HAS BENEFITED THE GOVERNMENT AND THAT THE PRICE IS FAIR AND REASONABLE, THEREBY IMPLIEDLY RATIFYING THE PROCUREMENT, PAYMENT OF POST MARKETING CORPORATION'S $26,066.83 CLAIM ON A QUANTUM MERUIT, QUANTUM VALEBAT BASIS IS WARRANTED. B-189738-O.M., SEPTEMBER 30, 1977.

DIGEST

WHERE KEYPUNCH SERVICES RENDERED NAVY AFTER EXPIRATION OF CONTRACT BENEFITED GOVERNMENT AND UNAUTHORIZED PROCUREMENT HAS BEEN RATIFIED, CONTRACTOR'S CLAIM MAY BE PAID ON QUANTUM MERUIT/QUANTUM VALEBAT BASIS.