B-207044-OM, MAY 27, 1983

B-207044-OM, MAY 27, 1983

PRECIS-UNAVAILABLE

THE COMPTROLLER GENERAL:

WE ARE FORWARDING THE CLAIM OF COLORADO STATE UNIVERSITY FOR $635.34. THE UNIVERSITY SEEKS REIMBURSEMENT FOR WAGES PAID FOR PERSONNEL SUPPORT AND PURCHASE OF SERVICES PROVIDED WITHOUT CONTRACTUAL COVERAGE TO A UNIVERSITY PROFESSOR WORKING UNDER AN INTERGOVERNMENTAL PERSONNEL ACT ASSIGNMENT AGREEMENT.

A PROFESSOR AT COLORADO STATE UNIVERSITY, WORKING FOR THE U. S. FOREST SERVICE UNDER AN IPA AGREEMENT, RECEIVED RESEARCH SERVICES AND PERSONNEL SUPPORT NOT AUTHORIZED BY THE AGREEMENT. THE UNIVERSITY PAID WAGES OF $316.34 TO THE PROFESSOR'S TWO ASSISTANTS. THE COLORADO HISTORICAL SOCIETY PROVIDED PRINTOUTS AND RESEARCH TO THE PROFESSOR IN THE AMOUNT OF $319.00. THERE IS NO EVIDENCE IN THE FILE THAT THE UNIVERSITY HAS REIMBURSED THE SOCIETY FOR THE SERVICES PROVIDED.

THE CONTRACTING OFFICER, IN RECOMMENDING PAYMENT OF THE FULL AMOUNT, STATES THAT THE GOVERNMENT RECEIVED THE GOODS AND SERVICES FROM THE UNIVERSITY AND THAT THE PRICE IS CONSIDERED REASONABLE. HOWEVER, SINCE THERE IS DOUBT SURROUNDING THE GOVERNMENT'S OBLIGATION FOR THESE CHARGES UNDER THE AGREEMENT IN FORCE, WE ARE FORWARDING THE MATTER FOR YOUR CONSIDERATION AND INSTRUCTIONS.

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, HAS PRESENTED FOR SETTLEMENT THE CLAIM OF COLORADO STATE UNIVERSITY (COLORADO STATE) IN THE AMOUNT OF $635.34. THIS AMOUNT REPRESENTS THE SALARIES OF TWO COLORADO STATE TECHNICAL ASSISTANTS AND THE COST OF CERTAIN RESEARCH SUPPLIES AND SERVICES FURNISHED BY THE COLORADO HISTORICAL SOCIETY (SOCIETY).

THE CLAIMS GREW OUT OF THE FOREST SERVICE'S INTEREST IN THE PREPARATION OF A CULTURAL RESOURCES INVENTORY FOR NORTHWESTERN COLORADO WITH EMPHASIS ON FEDERAL LANDS. UNDER THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970 (IPS), 5 U.S.C. SEC. 3371, ET SEQ. (SUPP. IV, 1980), A FEDERAL AGENCY IS AUTHORIZED TO ENTER INTO AN AGREEMENT WITH AN INSTITUTION OF HIGHER EDUCATION TRANSFERRING AN INSTITUTION EMPLOYEE TO THE FEDERAL AGENCY FOR THE PURPOSE OF PERFORMING WORK OF MUTUAL CONCERN TO THE INSTITUTION AND THE FEDERAL AGENCY, 5 U.S.C. SEC. 3372(B)(2) (SUPP. IV, 1982). ON AUGUST 1, 1980, THE FOREST SERVICE ENTERED INTO AN AGREEMENT WITH COLORADO STATE UNDER WHICH COLORADO STATE WOULD DETAIL MR. JENNINGS, AN ANTHROPOLOGIST AND RECOGNIZED EXPERT ON THE CULTURAL RESOURCES OF NORTHWESTERN COLORADO, TO THE FOREST SERVICE TO WORK ON THE INVENTORY PROJECT. IT WAS AGREED THAT MR. JENNINGS WOULD PREPARE THE INVENTORY AND MAKE RECOMMENDATIONS CONCERNING THE MANAGEMENT OF CULTURAL RESOURCES ON FEDERAL LANDS. OFFICIALS OF BOTH COLORADO STATE AND THE FOREST SERVICE CERTIFIED THAT THE ASSIGNMENT WOULD "SERVE A SOUND MUTUAL PUBLIC PURPOSE." THE FOREST SERVICE APPARENTLY AGREED TO REIMBURSE COLORADO STATE AN AMOUNT EQUAL TO 80 PERCENT OF MR. JENNINGS' SALARY.

THE RECORD INDICATES THAT IN EARLY AUGUST 1980, MR. JENNINGS AND THE FOREST SERVICE DECIDED THAT TECHNICAL ASSISTANCE AND CERTAIN RESEARCH SUPPLIES AND SERVICES FROM THIRD PARTIES WERE REQUIRED. ON AUGUST 8, 1980, THE FOREST SERVICE FORWARDED AN AMENDMENT TO THE AGREEMENT TO COLORADO STATE FOR SIGNATURE WHICH PROVIDED FOR THE ADDITIONAL EFFORT AND SUPPLIES. IT FURTHER APPEARS THAT THE FOREST SERVICE BEGAN RECEIVING THE BENEFIT OF THE ADDITIONAL EFFORT AND SUPPLIES AT ABOUT THE SAME TIME.

HOWEVER, UPON FURTHER CONSIDERATION, BOTH THE FOREST SERVICE AND COLORADO STATE DETERMINED THAT THE IPA AGREEMENT COULD NOT BE USED TO EMPLOY TECHNICAL CONSULTANTS, CLERICAL AND TECHNICAL ASSISTANTS. THEREFORE, THE PROPOSED AMENDMENT WAS NEVER EXECUTED BY COLORADO STATE.

THE FOREST SERVICE REPORTS THAT THE ADDITIONAL EFFORT AND SUPPLIES WERE RECEIVED BY THE GOVERNMENT BEFORE IT WAS DETERMINED THAT THE AMENDMENT COULD NOT BE EXECUTED AND THAT SUCH EFFORT AND SUPPLIES WERE REASONABLY PRICED. FOR THIS REASON, THE FOREST SERVICE RECOMMENDS PAYMENT OF THE COLORADO STATE CLAIM ON A QUANTUM MERUIT BASIS. WE HAVE LONG RECOGNIZED THAT IN APPROPRIATE CIRCUMSTANCES, PAYMENT MAY BE MADE FOR SERVICES RENDERED ON A QUANTUM MERUIT BASIS. 40 COMP.GEN. 447, 451 (1961). WHERE, AS HERE, IT IS SHOWN THAT THE GOVERNMENT RECEIVED A BENEFIT FROM THE SERVICES, THE GOVERNMENT SHOULD NOT RETAIN SUCH BENEFIT WITHOUT PAYMENT. BURRELLE'S PRESS CLIPPING SERVICE, B-209582, NOVEMBER 22, 1982, 82-2 CPD 469.

ACCORDINGLY, COLORADO STATE'S CLAIM MAY BE PAID IN THE AMOUNT OF $635.34 IF OTHERWISE PROPER.