B-175133, MAR 29, 1972

B-175133, MAR 29, 1972

CONTRACTS - REIMBURSEMENT - LACK OF FORMAL CONTRACT - BENEFIT TO GOVERNMENT DECISION ALLOWING THE CLAIM OF BUNKER-RAMO CORPORATION FOR REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH THE PHASE II TESTING OF A COMPUTERIZED INFORMATION SYSTEM AT THE MARINE CORPS AIR WING, EL TORO, CALIF., FOR WHICH THERE WAS NO FORMAL CONTRACTUAL COVERAGE. THE CLAIM MAY BE ALLOWED SINCE THE TESTING SERVICES WERE OF BENEFIT TO THE GOVERNMENT AND WERE PERFORMED WITH THE FULL KNOWLEDGE AND CONSENT OF GOVERNMENT OFFICIALS. 40 COMP. GEN. 447, 450 (1961).

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER DATED FEBRUARY 1, 1972, WITH ENCLOSURES, FROM THE DIRECTOR, PROCUREMENT DIVISION, SUPPLY DEPARTMENT, HEADQUARTERS, UNITED STATES MARINE CORPS, FORWARDING WITH A FAVORABLE RECOMMENDATION THE CLAIM OF BUNKER-RAMO CORPORATION FOR $46,775, REPRESENTING COMPENSATION FOR EQUIPMENT RENTAL, DATA PROCESSING SERVICES AND SERVICES IN CONNECTION WITH PHASE II TESTING AT THE UNITED STATES MARINE CORPS AIR WING, EL TORO, CALIFORNIA, DURING THE PERIOD COMMENCING JANUARY 1, 1971, AND CONTINUING THROUGH MAY 31, 1971, FOR WHICH THERE WAS NO FORMAL CONTRACTUAL COVERAGE.

THE RECORD INDICATES THAT THE MARINE CORPS PROGRAM FOR TESTING A COMPUTERIZED INFORMATION SYSTEM AT EL TORO, CALIFORNIA, IS DIVIDED INTO THREE PHASES. PHASE I WAS COMPLETED ON DECEMBER 31, 1970, BY THE CLAIMANT UNDER CONTRACT NO. M00027-70-C-0158. THE MARINE CORPS DECIDED ON NOVEMBER 3 TO PROCEED INTO PHASE II TESTING DURING THE PERIOD OF JANUARY 1, 1971, THROUGH JUNE 30, 1971. CLAIMANT SUBMITTED A PROPOSAL FOR BOTH PHASE II AND III ON NOVEMBER 24, 1970. DURING THE PERIOD COMMENCING JANUARY 1, 1971, THE CLAIMANT PROVIDED THE PHASE II SERVICES WITHOUT CONTRACTUAL COVERAGE WITH THE FULL KNOWLEDGE OF MARINE CORPS PERSONNEL. THE CONTRACTOR STATES THAT IT ENTERED INTO THIS INFORMAL ARRANGEMENT WITH THE UNDERSTANDING THAT RETROACTIVE CONTRACTUAL COVERAGE WOULD BE AUTHORIZED ONCE FUNDING BECAME AVAILABLE. THEREAFTER, FUNDS FOR PHASE II BECAME AVAILABLE AND A FORMAL CONTRACT (NO. M00027-71-C-0125) WAS ENTERED INTO TO COVER THE MONTHS OF JUNE AND JULY. YOUR DEPARTMENT FEELS THAT THE CONTRACTOR SHOULD ALSO BE PAID FOR SERVICES RENDERED DURING THE EARLIER MONTHS.

THIS OFFICE HAS ADHERED TO THE GENERAL RULE OF LAW THAT THE GOVERNMENT MAY BECOME OBLIGATED TO PAY THE REASONABLE VALUE OF BENEFITS ACCEPTED BY IT. SEE 40 COMP. GEN. 447, 450 (1961), AND THE AUTHORITIES CITED THEREIN.

IN THE INSTANT CASE IT IS INDICATED THAT THE SERVICES IN QUESTION WERE OF VALUE AND BENEFIT TO THE GOVERNMENT AND WERE PERFORMED WITH THE FULL KNOWLEDGE AND CONSENT OF GOVERNMENT OFFICIALS. IT APPEARS THAT THE CONTRACTOR PROVIDED THESE SERVICES ON THE BASIS THAT PAYMENT WOULD BE MADE IF FUNDING WAS OBTAINED, AND FUNDING HAS, IN FACT, BEEN OBTAINED. BELIEVE THAT THE CLAIMANT IS ENTITLED TO REASONABLE COMPENSATION FOR THE SERVICES RENDERED.

IN ACCORDANCE WITH THE FOREGOING, THE CLAIM, IF OTHERWISE CORRECT, MAY BE ALLOWED AS RECOMMENDED.

THE ENCLOSURES FORWARDED WITH THE REPORT ARE RETURNED.