B-205548.OM, DEC 10, 1981

B-205548.OM: Dec 10, 1981

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THE CLAIM IS FOR A 17-MONTH PERIOD AFTER THE NAVY CONTRACT WITH R&F FOR RENTAL OF THE EQUIPMENT EXPIRED ON FEBRUARY 28. THE AMOUNT CLAIMED IS BASED ON A MONTHLY RENTAL OF $1. WHICH IS THE IDENTICAL RATE CHARGED FOR THE ORIGINAL RENTAL. THE NAVY STATES THAT THE PRICE CLAIMED IS CONSIDERED FAIR AND REASONABLE.

B-205548.OM, DEC 10, 1981

PRECIS-UNAVAILABLE

ASSOCIATE DIRECTOR, AFMD - CLAIMS GROUP:

INDORSEMENT

RETURNED. RENTEL AND FROST, INC. (R&F), CLAIMS PAYMENT IN THE AMOUNT OF $28,305 FOR RENTAL CHARGES ON A 45-TON CAPACITY AIR CONDITIONING CHILLER PROVIDED TO THE DEPARTMENT OF THE NAVY (NAVY) WITHOUT CONTRACTUAL COVERAGE. THE CLAIM IS FOR A 17-MONTH PERIOD AFTER THE NAVY CONTRACT WITH R&F FOR RENTAL OF THE EQUIPMENT EXPIRED ON FEBRUARY 28, 1979.

THE NAVY REPORTS THAT DUE TO ADMINISTRATIVE OVERSIGHT, THE COGNIZANT DEPARTMENT DID NOT FORWARD THE NECESSARY PAPERWORK REQUESTING AND AUTHORIZING A FOLLOW-ON CONTRACT. HOWEVER, R&F FURNISHED THE EQUIPMENT IN GOOD FAITH FOR 17 MONTHS AND THE EQUIPMENT BENEFITED THE GOVERNMENT. THE AMOUNT CLAIMED IS BASED ON A MONTHLY RENTAL OF $1,665, WHICH IS THE IDENTICAL RATE CHARGED FOR THE ORIGINAL RENTAL. ON THAT BASIS, THE NAVY STATES THAT THE PRICE CLAIMED IS CONSIDERED FAIR AND REASONABLE.

ACCORDINGLY, PAYMENT IN THE AMOUNT OF $28,305, AS RECOMMENDED BY THE NAVY, SHOULD BE MADE ON A QUANTUM MERUIT/QUANTUM VALEBAT BASIS, SINCE THE GOVERNMENT RECEIVED A BENEFIT AND THE UNAUTHORIZED ACTION HAS BEEN IMPLICITLY RATIFIED FROM THE ACCEPTANCE OF THE SERVICE AND THE RECOMMENDATION FOR PAYMENT. DAVE JARRETT CONSTRUCTION, B-197568, FEBRUARY 12, 1980, 80-1 CPD 127; POTTER INSTRUMENT COMPANY, B-189431, JULY 18, 1977, 77-2 CPD 35.