B-204497.OM, OCT 9, 1981

B-204497.OM: Oct 9, 1981

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PRICE IS REASONABLE. THE COMPTROLLER GENERAL: WE ARE FORWARDING THE CLAIM OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR $41. THE CLAIMANT IS SEEKING REIMBURSEMENT FOR THE U. NO CONTRACT WAS IN EFFECT AT THE TIME OF THE AGREEMENT. STATES THAT THE AMOUNT IS CONSIDERED FAIR AND REASONABLE. THAT NO FRAUD OR MISREPRESENTATION IS EVIDENCED. QUANTUM VALEBAT BASIS IS WARRANTED. WE ARE FORWARDING IT FOR YOUR CONSIDERATION IN VIEW OF ITEM 11. SINCE A PORTION OF THE BRIDGE AND ITS SOUTHERN APPROACHES WERE LOCATED ON THE MILITARY RESERVATION. ANOTHER PORTION OF THE BRIDGE AND ITS NORTHERN APPROACHES WERE LOCATED ON A STATE ROAD. NO VALID CONTRACT WAS EXECUTED BY A CONTRACTING OFFICER AUTHORIZED TO OBLIGATE THE GOVERNMENT.

B-204497.OM, OCT 9, 1981

DIGEST: THOUGH NO CONTRACT EXISTED BETWEEN GOVERNMENT AND CLAIMANT, GOVERNMENT MAY PAY AGREED UPON 50 PERCENT OF BRIDGE CONSTRUCTION COSTS ON QUANTUM MERUIT/QUANTUM VALEBAT BASIS SINCE IT RECEIVED BENEFIT, PRICE IS REASONABLE, AND UNAUTHORIZED ACTION HAS BEEN IMPLIEDLY RATIFIED BY CONTRACTING OFFICER.

THE COMPTROLLER GENERAL:

WE ARE FORWARDING THE CLAIM OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR $41,531.11. THE CLAIMANT IS SEEKING REIMBURSEMENT FOR THE U. S. GOVERNMENT'S SHARE OF THE COSTS FOR REPLACING BRIDGE NUMBER 197, PER AN AGREEMENT DATED JUNE 14, 1978, ON STATE PROJECT 6.503047 MOORE COUNTY. NO CONTRACT WAS IN EFFECT AT THE TIME OF THE AGREEMENT.

THE CONTRACTING OFFICER IN CHARGE AT FORT BRAGG, NORTH CAROLINA, STATES THAT THE AMOUNT IS CONSIDERED FAIR AND REASONABLE, THAT NO FRAUD OR MISREPRESENTATION IS EVIDENCED, AND THAT THE GOVERNMENT RECEIVED THE SERVICES AND BENEFITTED THEREFROM. ACCORDINGLY, PAYMENT ON A QUANTUM MERUIT, QUANTUM VALEBAT BASIS IS WARRANTED. SINCE THE CLAIM EXCEEDS $25,000.00, WE ARE FORWARDING IT FOR YOUR CONSIDERATION IN VIEW OF ITEM 11, B-112701, JUNE 28, 1954, AS MODIFIED BY B-189738-O.M. OF SEPTEMBER 30, 1977.

INDORSEMENT

DIRECTOR, ACCOUNTING AND FINANCIAL MANAGEMENT DIVISION

RETURNED. THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CLAIMS PAYMENT IN THE AMOUNT OF $41,531.11, WHICH REPRESENTS 50 PERCENT OF THE COST OF REPLACING A BRIDGE OVER THE LITTLE RIVER ON THE BOUNDARY OF THE FORT BRAGG MILITARY RESERVATION, NORTH CAROLINA.

SINCE A PORTION OF THE BRIDGE AND ITS SOUTHERN APPROACHES WERE LOCATED ON THE MILITARY RESERVATION, AND ANOTHER PORTION OF THE BRIDGE AND ITS NORTHERN APPROACHES WERE LOCATED ON A STATE ROAD, NORTH CAROLINA OFFICIALS AND THE DEPARTMENT OF THE ARMY AGREED IN WRITING TO SHARE THE COST OF CONSTRUCTION. HOWEVER, NO VALID CONTRACT WAS EXECUTED BY A CONTRACTING OFFICER AUTHORIZED TO OBLIGATE THE GOVERNMENT. BECAUSE IT EXCEEDS $25,000.00, YOU HAVE FORWARDED THE CLAIM FOR OUR CONSIDERATION.

THE COURTS AND OUR OFFICE HAVE RECOGNIZED THAT IN APPROPRIATE CIRCUMSTANCES, THE GOVERNMENT MAY PAY FOR SERVICES RENDERED OR GOODS FURNISHED ON A QUANTUM MERUIT/QUANTUM VALEBAT BASIS WHERE (1) IT HAS RECEIVED A BENEFIT AND (2) THE UNAUTHORIZED ACTION HAS BEEN RATIFIED EXPRESSLY OR IMPLIEDLY BY AUTHORIZED CONTRACTING OFFICIALS. WILSON EQUIPMENT COMPANY, B-197005, FEBRUARY 25, 1980, 80-1 CPD 157.

IN THIS CASE, SINCE THE WORK HAS BEEN COMPLETED, IT IS CLEAR THAT THE GOVERNMENT RECEIVED A BENEFIT. IN ADDITION, THE CONTRACTING OFFICER RECOMMENDS PAYMENT, STATING THAT HE CONSIDERS THE AMOUNT CLAIMED FAIR AND REASONABLE; AN IMPLIED RATIFICATION THEREFORE MAY BE INFERRED. SEE DELOSS CONSTRUCTION CO., B-196004, NOVEMBER 2, 1979, 80-1 CPD 201.

ACCORDINGLY, THE PAYMENT MAY BE MADE IF IT IS OTHERWISE PROPER AND CORRECT.