B-140674, SEP. 29, 1959

B-140674, SEP. 29, 1959

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER DATED SEPTEMBER 1, 1959, FROM THE DEPUTY ASSISTANT SECRETARY OF THE ARMY (LOGISTICS) REQUESTING A DECISION AS TO WHETHER THE CLAIM OF WILLIAM R. JOHNSON, D/B/A ALASKA CONSTRUCTION COMPANY, IN THE AMOUNT OF $2,772, COVERING WORK PERFORMED BEYOND THE SCOPE OF CONTRACT NO. DA 95-517-ASK-162, MAY BE PAID ON A QUANTUM MERUIT BASIS.

THE FACTS INVOLVED AS REPORTED BY THE CONTRACTOR AND WHICH APPEAR TO BE SUBSTANTIALLY ADMITTED ARE AS FOLLOWS: CONTRACT NO. DA 95-517 ASK-162 WAS AWARDED TO WILLIAM R. JOHNSON ON NOVEMBER 25, 1958. UNDER THE TERMS OF THE CONTRACT MR. JOHNSON WAS TO INSTALL WAINSCOTING AND WALL PANELLING IN SEVERAL BUILDINGS AT FORT GREELY, ALASKA. ON OR ABOUT FEBRUARY 16, 1959, MR. JOHNSON WAS REQUESTED TO SUBMIT A PRICE FOR PERFORMING SIMILAR WORK IN THE COMMISSARY SECTION OF ONE OF THE BUILDINGS INVOLVED, WHICH WAS NOT INCLUDED UNDER THE CONTRACT. MR. JOHNSON FURNISHED THE QUOTATION AND REQUESTED THAT IT BE ACTED UPON AS SOON AS POSSIBLE SO THAT HE COULD DO THE ADDITIONAL WORK WHILE IN THE BUILDING AS IT WOULD INCREASE THE COST CONSIDERABLY TO MOVE HIS EQUIPMENT AND SUPPLIES OUT AND THEN BACK IN AGAIN. MR. JOHNSON STATES THAT HE WAS INFORMED THAT HE WOULD BE ADVISED AS SOON AS POSSIBLE AND IF THE PRICE WAS REASONABLE IT PROBABLY WOULD BE APPROVED AS THE CONDITION OF THE INSULATION IN THE COMMISSARY SECTION INDICATED THAT IT WAS NEEDED TO BE COVERED. MR. JOHNSON ALLEGES THAT SEVERAL DAYS LATER HE WAS INFORMED THAT THE ANCHORAGE OFFICE HAD AGREED THAT THE EXTRA WORK SHOULD BE PERFORMED AND BELIEVING THAT FORMAL APPROVAL WAS A MATTER OF COURSE, HE PURCHASED THE EXTRA MATERIALS AND INSTRUCTED HIS MEN TO CONTINUE THE WORK ADJACENT TO THOSE PORTIONS OF THE WALL ALREADY FURNISHED AND THE WORK WAS COMPLETED.

THE POST ENGINEER, FORT GREELY, RECOMMENDS APPROVAL OF THE CLAIM AND STATES THAT THE CONTRACTOR ACTED HASTILY BUT IN GOOD FAITH. HE FURTHER STATES THAT AT NO TIME WAS THE CONTRACTOR INFORMED THAT HIS PRICE PROPOSAL WAS APPROVED OR THAT THE WORK WOULD BE PERFORMED BY A CHANGE ORDER TO THE CONTRACT AND THAT THE CONTRACTOR WAS REPEATEDLY WARNED AGAINST PERFORMING WORK PRIOR TO APPROVAL. THE CLAIM IS ALSO APPROVED BY HEADQUARTERS, YUKON COMMAND, AND HEADQUARTERS, U.S. ARMY, ALASKA.

IT IS NOTED THAT THE UNIT PRICE FOR THE EXTRA WORK HERE INVOLVED IS THE SAME THAT IS PROVIDED FOR SIMILAR EXTRA WORK COVERED BY SUPPLEMENTAL AGREEMENT NO. 2 TO CONTRACT NO. DA 95-517-ASK-162 DATED JUNE 26, 1959.

IN THE CIRCUMSTANCES AND SINCE PERFORMANCE OF THE WORK INVOLVED HAS BEEN APPROVED AND THE AMOUNT CLAIMED APPEARS REASONABLE, WILLIAM R. JOHNSON MAY BE PAID ON A QUANTUM MERUIT BASIS THE SUM OF $2,772 FOR THE WORK PERFORMED.