B-197007, DEC 19, 1979
Highlights
WYOMING (AMEARTH) IS ENTITLED TO PAYMENT OF $1. THIS WAS DONE AFTER THE PROJECT COORDINATOR CHECKED OTHER SOURCES FOR THIS MATERIAL AND DETERMINED THAT AMEARTH WAS THE ONLY SUPPLIER WITH THE CAPACITY TO HAUL THE MATERIAL OVER THE DISTANCES INVOLVED AND WHICH COULD MEET THE FOREST SERVICE'S NEEDS. THE DISTRICT RANGER TOOK THIS ACTION BECAUSE THE PROJECT COORDINATOR TRANSFERRED TO ANOTHER DISTRICT BEFORE THE PROJECT WORK WAS INITIATED AND BECAUSE HE FELT AN URGENT NEED TO HAVE THE MATERIAL DELIVERED FOR A YOUTH CONSERVATION CORPS PROJECT BEFORE THE PROGRAM ENDED ON AUGUST 10. LACKED THE PROCUREMENT AUTHORITY TO MAKE THE PURCHASE AND NO FORMAL PURCHASE ORDER WAS ISSUED. SEE 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 VALEBAT BASIS (THE REASONABLE VALUE OF GOODS SOLD AND DELIVERED). 40 COMP.GEN. 447.
B-197007, DEC 19, 1979
DIGEST: PAYMENT FOR UNAUTHORIZED PURCHASE OF ROCK AND GRAVEL DELIVERED TO FOREST SERVICE PROJECT MAY BE MADE ON QUANTUM VALEBAT BASIS SINCE GOVERNMENT RECEIVED BENEFIT OF MATERIAL AND COMPLETED PROJECT AND UNAUTHORIZED ACTION HAS BEEN IMPLICITLY RATIFIED.
FOREST SERVICE - RATIFICATION OF UNAUTHORIZED PURCHASE:
THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE REQUESTS OUR DECISION ON WHETHER AMEARTH EXCAVATORS OF BUFFALO, WYOMING (AMEARTH) IS ENTITLED TO PAYMENT OF $1,620 FOR ROCK AND GRAVEL DELIVERED TO THE TENSLEEP RANGER DISTRICT, WEBB CREEK JOB SITE.
ON JULY 25, THE DISTRICT RANGER ORALLY CONTACTED AMEARTH AND PLACED AN ORDER FOR THE ROCK AND GRAVEL. THIS WAS DONE AFTER THE PROJECT COORDINATOR CHECKED OTHER SOURCES FOR THIS MATERIAL AND DETERMINED THAT AMEARTH WAS THE ONLY SUPPLIER WITH THE CAPACITY TO HAUL THE MATERIAL OVER THE DISTANCES INVOLVED AND WHICH COULD MEET THE FOREST SERVICE'S NEEDS. THE DISTRICT RANGER TOOK THIS ACTION BECAUSE THE PROJECT COORDINATOR TRANSFERRED TO ANOTHER DISTRICT BEFORE THE PROJECT WORK WAS INITIATED AND BECAUSE HE FELT AN URGENT NEED TO HAVE THE MATERIAL DELIVERED FOR A YOUTH CONSERVATION CORPS PROJECT BEFORE THE PROGRAM ENDED ON AUGUST 10, 1979. THE DISTRICT RANGER, HOWEVER, LACKED THE PROCUREMENT AUTHORITY TO MAKE THE PURCHASE AND NO FORMAL PURCHASE ORDER WAS ISSUED.
ALTHOUGH THE UNITED STATES CANNOT BE BOUND BEYOND THE ACTUAL AUTHORITY CONFERRED UPON ITS AGENTS BY STATUTE OR REGULATION, SEE 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 VALEBAT BASIS (THE REASONABLE VALUE OF GOODS SOLD AND DELIVERED). 40 COMP.GEN. 447, 451 (1961). 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. DEFENSE MAPPING AGENCY, B-183915, JUNE 25, 1975, 75-2 CPD 15; THE SINGER COMPANY, B-183878, JUNE 20, 1975, 75-1 CPD 406.
THE FOREST SERVICE REPORTS THAT THE ROCK AND GRAVEL WERE USED TO COMPLETE THE PROJECT AND THUS THE GOVERNMENT HAS RECEIVED A BENEFIT. BECAUSE OF THE HAULING DISTANCE INVOLVED, THE FOREST SERVICE BELIEVES THAT THE PRICE FOR THE MATERIAL IS FAIR AND REASONABLE AND HAS RECOMMENDED PAYMENT. IMPLIED RATIFICATION MAY BE INFERRED FROM THE ACCEPTANCE OF THE SERVICES AND SUCH FAVORABLE RECOMMENDATION. PLANNED COMMUNICATION SERVICES, INC., B-191476, MAY 31, 1978, 78-1 CPD 408.
ACCORDINGLY, WE WILL ALLOW PAYMENT ON A QUANTUM VALEBAT BASIS FOR THE AMOUNT CLAIMED IF OTHERWISE CORRECT.