B-207759.OM, JUL 8, 1982

B-207759.OM: Jul 8, 1982

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IS FORWARDED FOR YOUR CONSIDERATION. IS FOR SUPPLIES DELIVERED TO THE DEPARTMENT OF THE ARMY. THE DELIVERY WAS BASED ON AN INFORMAL COMMITMENT. THE COGNIZANT FINANCE AND ACCOUNTING OFFICER CERTIFIES THAT ALMARC'S CLAIM HAS NOT AND WILL NOT BE PAID BY HIS OFFICE UNLESS CERTIFIED BY THE COMPTROLLER GENERAL. THAT THE PRICE IS FAIR AND REASONABLE. IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER. ATTACHED IS THE FILE (Z-2841354) CONCERNING THE CLAIM OF ALMARC MANUFACTURING. THE DELIVERY WAS MADE WITHOUT AN AUTHORIZED DELIVERY ORDER. THE ARMY REPORTS THAT FORT SHERIDAN IS UNDER A NATIONAL CONTRACT ISSUED BY THE DEFENSE LOGISTICS AGENCY. ALTHOUGH THE DELIVERY WAS NOT AUTHORIZED BY THE CONTRACTING OFFICER.

B-207759.OM, JUL 8, 1982

PRECIS-UNAVAILABLE

THE COMPTROLLER GENERAL:

THE CLAIM OF ALMARC MANUFACTURING COMPANY, INCORPORATED (ALMARC), IS FORWARDED FOR YOUR CONSIDERATION. THIS CLAIM, IN THE AMOUNT OF $67,369.36, IS FOR SUPPLIES DELIVERED TO THE DEPARTMENT OF THE ARMY. THE DELIVERY WAS BASED ON AN INFORMAL COMMITMENT, AND THE COGNIZANT FINANCE AND ACCOUNTING OFFICER CERTIFIES THAT ALMARC'S CLAIM HAS NOT AND WILL NOT BE PAID BY HIS OFFICE UNLESS CERTIFIED BY THE COMPTROLLER GENERAL, IN ACCORDANCE WITH 4 GAO 5.1.

ARMY RECORDS SHOW THAT THE GOVERNMENT BENEFITTED FROM THE SUPPLIES THAT THE CLAIMANT DELIVERED, AND THAT THE PRICE IS FAIR AND REASONABLE. THE RECOMMENDATION FOR PAYMENT BY THE CHIEF OF THE COGNIZANT CONTRACTING DIVISION CONSTITUTES AN IMPLIED RATIFICATION OF THE IRREGULAR PROCUREMENT. SEE B-200095, OCTOBER 8, 1980. ACCORDINGLY, PAYMENT MAY BE ALLOWED ON A QUANTUM VALEBAT BASIS, PURSUANT TO B-166439, MAY 2, 1969. SINCE THE AMOUNT CLAIMED EXCEEDS $25,000, WE FORWARD IT FOR YOUR DETERMINATION IN VIEW OF ITEM 11, B-112701, JUNE 28, 1954, AS MODIFIED BY B-189738-O.M., SEPTEMBER 30, 1977.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT MR. LAWRENCE M. BOBIER AT 275-8145.

ATTACHMENT

INDORSEMENT

ASSOCIATE DIRECTOR, AFMD-CLAIMS GROUP

RETURNED. ATTACHED IS THE FILE (Z-2841354) CONCERNING THE CLAIM OF ALMARC MANUFACTURING, INC., IN THE AMOUNT OF $67,369.36 FOR 63,556 GALLONS OF FUEL OIL DELIVERED TO THE UNITED STATES ARMY, FORT SHERIDAN, ILLINOIS (ARMY), DURING THE PERIOD OF JANUARY 12 TO 22, 1982. THE DELIVERY WAS MADE WITHOUT AN AUTHORIZED DELIVERY ORDER.

THE ARMY REPORTS THAT FORT SHERIDAN IS UNDER A NATIONAL CONTRACT ISSUED BY THE DEFENSE LOGISTICS AGENCY, DLA-600-82-D-4128, ITEM NO. 100 462 FOR NO. 2 FUEL OIL. THE RECORD SHOWS THAT DURING JANUARY 1982 FORT SHERIDAN HAD TO SHIFT FROM THE USE OF GAS TO THE USE OF FUEL OIL IN THE CENTRAL HEATING PLANT. HOWEVER, THE USING ACTIVITY DID NOT OBTAIN A DELIVERY ORDER THROUGH THE AUTHORIZED CONTRACTING OFFICER PRIOR TO MAKING THE COMMITMENT TO PURCHASE THE OIL.

ALTHOUGH THE DELIVERY WAS NOT AUTHORIZED BY THE CONTRACTING OFFICER, THE COURTS AND OUR OFFICE HAVE RECOGNIZED THAT IN APPROPRIATE CIRCUMSTANCES PAYMENT MAY BE MADE FOR SERVICES RENDERED ON A QUANTUM MERUIT BASIS (THE REASONABLE VALUE OF WORK OR LABOR) OR FOR GOODS FURNISHED ON A QUANTUM VALEBANT BASIS (THE REASONABLE VALUE OF GOODS SOLD AND DELIVERED). COMP.GEN. 447, 451 (1961). RECOGNITION OF A RIGHT TO PAYMENT ON THIS BASIS, HOWEVER, REQUIRES A SHOWING THAT (1) THE GOVERNMENT RECEIVED A BENEFIT AND (2) THE UNAUTHORIZED ACTION HAS BEEN EXPRESSLY OR IMPLIEDLY RATIFIED BY AUTHORIZED CONTRACTING OFFICIALS OF THE GOVERNMENT. DELOSS CONSTRUCTION COMPANY, B-196004, NOVEMBER 2, 1979, 80-1 CPD 201.

THE DELIVERY OF THE FUEL OIL CONSTITUTED A BENEFIT TO THE GOVERNMENT. THE CONTRACTING OFFICER CONSIDERS THE AMOUNT OF THE CLAIM FAIR AND REASONABLE AND RECOMMENDS PAYMENT. THE PRICE PER GALLON IS THE CONTRACT AMOUNT. AN IMPLIED RATIFICATION MAY BE INFERRED FROM ACCEPTANCE OF THE FUEL OIL AND THE RECOMMENDATION THAT THE AMOUNT BE PAID. PLANNED COMMUNICATIONS SERVICES, INC., B-191476, MAY 31, 1978, 78-1 CPD 408.

ACCORDINGLY, PAYMENT ON A QUANTUM VALEBANT BASIS FOR THE AMOUNT CLAIMED MAY BE ALLOWED IF OTHERWISE CORRECT.