B-205948.OM, FEB 2, 1982

B-205948.OM, FEB 2, 1982

DIGEST: NOTWITHSTANDING AGENCY'S FAILURE TO COMPLY WITH PROCUREMENT REGULATIONS, CLAIM FOR EQUIPMENT AND SERVICES FURNISHED MAY BE PAID ON A QUANTUM MERUIT/QUANTUM VALEBAT BASIS SINCE GOVERNMENT RECEIVED BENEFIT OF EQUIPMENT AND SERVICES, PURCHASE PRICE IS CONSIDERED REASONABLE, AND AUTHORIZED CONTRACTING OFFICIAL RECOMMENDED THAT PAYMENT BE MADE.

THE COMPTROLLER GENERAL:

WE ARE FORWARDING THE CLAIM OF LIFE SUPPORT SYSTEMS INC. FOR $44,194.40. CLAIMANT SEEKS REIMBURSEMENT FOR EQUIPMENT AND TECHNICAL SUPPORT PROVIDED TO THE DEPARTMENT OF THE ARMY WITHOUT CONTRACTUAL COVERAGE.

THE CHIEF CONTRACTING OFFICER AT FORT MONROE, VIRGINIA STATES THAT THE VENDOR DID PROVIDE EQUIPMENT AND TECHNICAL SUPPORT IN GOOD FAITH, THAT THE COSTS ARE CONSIDERED FAIR AND REASONABLE, AND THAT HE RECOMMENDS PAYMENT TO THE CONTRACTOR. 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, SEPTEMBER 30, 1977.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. ALTHOUGH THE UNITED STATES CANNOT BE BOUND BEYOND THE ACTUAL AUTHORITY CONFERRED UPON ITS AGENTS BY STATUTE OR REGULATION, SEE UNITED STATES V. CRANCE, 341 F.2D 161, 166 (1965), THE COURTS AND OUR OFFICE HAVE RECOGNIZED THAT IN APPROPRIATE CIRCUMSTANCES PAYMENT MADE BE MADE FOR SERVICES RENDERED ON A QUANTUM MERUIT BASIS (THE REASONABLE VALUE OF WORK OR LABOR) OR FOR GOODS FURNISHED ON A QUANTUM VALEBAT BASIS (THE REASONABLE VALUE OF GOODS SOLD AND DELIVERED). 40 COMP.GEN. 447, 451 (1961). RECOGNITION OF A RIGHT TO PAYMENT ON THIS BASIS, HOWEVER, REQUIRES A SHOWING (1) THAT THE GOVERNMENT RECEIVED A BENEFIT AND (2) THAT THE UNAUTHORIZED ACTION HAS BEEN EXPRESSLY OR IMPLIEDLY RATIFIED BY AUTHORIZED CONTRACTING OFFICIALS OF THE GOVERNMENT. FORT DEVENS, MASS. IN RE BOSTON WATER AND SEWER COMMISSION, B-200824, DECEMBER 2, 1980, 81-1 CPD 244; DELOSS CONSTRUCTION CO., B-196004, NOVEMBER 2, 1979, 80-1 CPD 201.

THE RECORD INDICATES THAT THE GOVERNMENT RECEIVED THE BENEFIT OF THE EQUIPMENT AND TECHNICAL SERVICES FURNISHED BY LIFE SUPPORT, THE CLAIMANT, AND THAT THE PURCHASE PRICE IS CONSIDERED TO BE REASONABLE. ALSO, AN IMPLIED RATIFICATION MAY BE INFERRED FROM THE ARMY'S ACCEPTANCE OF THE SUPPLIES AND SERVICES AND THE RECOMMENDATION FOR PAYMENT MADE BY THE CHIEF OF THE CONTRACTING OFFICE AT FORT MONROE, VIRGINIA.

ACCORDINGLY, PAYMENT ON A QUANTUM MERUIT/QUANTUM VALEBAT BASIS FOR THE AMOUNT CLAIMED MAY BE ALLOWED IF OTHERWISE PROPER AND CORRECT.