B-205604.OM, DEC 7, 1981

B-205604.OM, DEC 7, 1981

DIGEST: RESOLUTION OF A CLAIM FOR PAYMENT BASED ON A COMMITMENT MADE BY A GOVERNMENT EMPLOYEE WITHOUT CONTRACTING AUTHORITY MAY BE MADE BY THE AGENCY ON A QUANTUM VALEBANT BASIS SINCE THE GOVERNMENT RECEIVED A BENEFIT FROM THE DELIVERY OF NEEDED FUEL OIL FOR A NAVY SHIP, THE CLAIMANT WAS THE ONLY SUPPLIER WILLING TO SUPPLY THE FUEL BY TRUCK DESPITE A BARGE STRIKE AT THE TIME, AND THE PRICE APPEARS TO BE REASONABLE WHEN COMPARED TO A THEN CURRENT DEFENSE LOGISTICS AGENCY CONTRACT FOR THE SAME FUEL DELIVERED BY BARGE.

THE COMPTROLLER GENERAL:

WE ARE FORWARDING THE CLAIM OF MOBIL OIL CORPORATION FOR $80,220.80. CLAIMANT SEEKS REIMBURSEMENT FOR FUEL DELIVERED TO THE USS KOELSCH WITHOUT WRITTEN CONTRACTUAL COVERAGE.

THE NAVAL REGIONAL CONTRACTING OFFICE, PHILADELPHIA, BY LETTER DATED OCTOBER 28, 1981, HAS STATED THAT THE GOVERNMENT HAS RECEIVED THE BENEFIT OF THE FUEL. IT IS FURTHER STATED THAT THE AMOUNT OF $80,220.80 IS CONSIDERED FAIR AND REASONABLE. ACCORDINGLY, PAYMENT ON A QUANTUM MERUIT, QUANTUM VALEBAT BASIS IS 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

DIRECTOR, ACCOUNTING AND FINANCIAL MANAGEMENT DIVISION

WE AGREE THAT PAYMENT OF THE $80,220.80 CLAIM OF THE MOBIL OIL CORPORATION FOR DELIVERIES OF FUEL OIL TO THE USS KOELSCH MAY BE MADE BY THE NAVY ON A QUANTUM VALEBANT BASIS. THE GOVERNMENT CLEARLY RECEIVED A BENEFIT FROM THE DELIVERY OF THE FUEL WHICH IT NEEDED, MOBIL WAS THE ONLY SUPPLIER WILLING TO MAKE THE DELIVERY BY TRUCK DESPITE THE BARGE STRIKE AT THE TIME, AND THE PRICE OF $1.166 PER GALLON APPEARS TO BE REASONABLE IN VIEW OF THE THEN CURRENT DEFENSE LOGISTICS AGENCY CONTRACT PRICE OF $1.025 PER GALLON DELIVERED BY BARGE.