B-204498.OM, SEP 23, 1981

B-204498.OM, SEP 23, 1981

DIGEST: THOUGH DATA PROCESSING SYSTEMS CONTRACT WAS NOT PROPERLY MODIFIED TO PROVIDE EXTENDED MAINTENANCE COVERAGE, GOVERNMENT MAY PAY FOR EXTENDED COVERAGE ON QUANTUM MERUIT 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 SPERRY-UNIVAC FOR $47,906.00. THE CLAIMANT IS SEEKING REIMBURSEMENT FOR THE LEASING AND MAINTENANCE OF A LARGE DATA PROCESSING SYSTEM FOR THE U. S. ARMY FINANCE AND ACCOUNTING CENTER AT FORT BENJAMIN HARRISON, INDIANA, AND THE PENTAGON, WASHINGTON, D. C. THE SERVICES WERE PROVIDED WITHOUT CONTRACTUAL COVERAGE.

THE CONTRACTING OFFICER AT FORT BENJAMIN HARRISON, INDIANAPOLIS, INDIANA 46216, STATES THAT THE SERVICES WERE PROVIDED THE GOVERNMENT AND THAT THE GOVERNMENT DID BENEFIT THEREFROM. THE 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 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. SPERRY-UNIVAC CLAIMS PAYMENT IN THE AMOUNT OF $47,906 FOR EXTENDING THE PRINCIPAL PERIOD OF MAINTENANCE UNDER A DEPARTMENT OF THE ARMY DATA PROCESSING SYSTEMS CONTRACT FROM 9 TO 16 HOURS A DAY DURING THE PERIOD JANUARY THROUGH MAY 1980. THE SERVICES WERE PROVIDED TO THE ARMY FINANCE AND ACCOUNTING CENTER, FT. BENJAMIN HARRISON, INDIANA, AND THE PENTAGON, WASHINGTON, D. C.

SPERRY-UNIVAC PROVIDED COVERAGE OVER AND ABOVE THAT WHICH CONTRACTUALLY WAS REQUIRED ON THE BASIS OF A LETTER FROM AN ARMY OFFICIAL WHO REQUESTED THE EXTENDED COVERAGE. HOWEVER, THE CONTRACT WAS NOT MODIFIED BY A CONTRACTING OFFICER AUTHORIZED TO OBLIGATE THE GOVERNMENT. BECAUSE THE CLAIM EXCEEDS $25,000, YOU HAVE FORWARDED IT 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) THE GOVERNMENT HAS RECEIVED A BENEFIT AND (2) THE UNAUTHORIZED ACTION HAS BEEN EXPRESSLY OR IMPLIEDLY RATIFIED BY AUTHORIZED GOVERNMENT CONTRACTING OFFICIALS. WILSON EQUIPMENT COMPANY, B-197005, FEBRUARY 25, 1980, 80-1 CPD 157.

IN THIS CASE, IT IS CLEAR THAT THE GOVERNMENT RECEIVED A BENEFIT, THE AMOUNT IS CONSIDERED FAIR AND REASONABLE, AND AN IMPLIED RATIFICATION MAY BE INFERRED FROM THE FACT THAT THE CONTRACTING OFFICER HAS RECOMMENDED PAYMENT. SEE DELOSS CONSTRUCTION CO., B-196004, NOVEMBER 2, 1979, 80-1 CPD 201.

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