B-197641.OM, JUL 23, 1980

B-197641.OM, JUL 23, 1980

SUBJECT: FOR CLAIM OF NORTH AMERICAN CORPORATION, Z-2818486(1)

OFFICE OF THE GENERAL COUNSEL:

WE ARE FORWARDING THE CLAIM OF NORTH AMERICAN CORPORATION FOR $34,291.20. CLAIMANT SEEKS PAYMENT OF RENTAL CHARGES FOR A WORD PROCESSING UNIT PROVIDED TO THE DEPARTMENT OF THE NAVY WITHOUT CONTRACTUAL COVERAGE.

THE CONTRACTING OFFICER STATES THAT THE USE OF THE EQUIPMENT BENEFITED THE GOVERNMENT AND THAT THE CLAIMANT ACTED IN GOOD FAITH. THE NAVY REGIONAL FINANCE CENTER STATES THAT THE PRICES ARE CONSIDERED FAIR AND REASONABLE. ACCORDINGLY, PAYMENT ON A QUANTUM MERUIT, QUANTUM VALEBAT BASIS IS WARRANTED. SINCE THE CLAIM EXCEEDS $25,000, WE ARE FORWARDING IT FOR YOUR CONSIDERATION (B-112701, JUNE 28, 1954, AS MODIFIED BY B-189738- O.M., SEPTEMBER 30, 1977).

INDORSEMENT

ASSOCIATE DIRECTOR, FGMS DIVISION - CLAIMS GROUP

RETURNED. INFORMATION CONTROL SYSTEMS (ICS) ENTERED INTO A CONTRACT WITH THE DEPARTMENT OF THE NAVY (NAVY) FOR THE RENTAL OF WORD PROCESSING EQUIPMENT. THE CONTRACT EXPIRED SEPTEMBER 30, 1978. THE NAVY CONTINUED TO UTILIZE THE EQUIPMENT FROM OCTOBER 1, 1978 TO MARCH 31, 1979. ICS SUBSEQUENTLY WENT BANKRUPT. NORTH AMERICAN CORPORATION, THE CLAIMANT, IS THE SUCCESSOR IN INTEREST. THE TRUSTEE/RECEIVER IN BANKRUPTCY HAS NOT ASSERTED AN INTEREST IN THE CLAIMED AMOUNT.

THE CONTRACTING OFFICER CONSIDERS THE CLAIMED AMOUNT TO BE REASONABLE, SINCE IT IS 1 PERCENT LOWER THAN THE PREVIOUS CONTRACT PRICE, AND THE CONTRACTING OFFICER HAS RECOMMENDED PAYMENT OF THE AMOUNT CLAIMED.

UNDER THE CIRCUMSTANCES, THE CLAIM MAY BE PAID ON A QUANTUM VALEBAT, QUANTUM MERUIT BASIS IN THE AMOUNT RECOMMENDED BY THE CONTRACTING OFFICER, SINCE THE GOVERNMENT RECEIVED A BENEFIT AND THE UNAUTHORIZED ACTION HAS BEEN IMPLICITLY RATIFIED. POTTER INSTRUMENT COMPANY, B-189431, JULY 18, 1977, 77-2 CPD 35. PAYMENT SHOULD BE ISSUED "IN FULL SETTLEMENT" OF THE CLAIM OF $34,291.20.