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Authority To Pay for Water and Sewer Services on Quantum Meruit Basis

B-200824 Dec 02, 1980
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Highlights

An Army finance officer requested the authority to pay the Boston Water and Sewer Commission for water and sewer services provided to Army facilities without benefit of a written contract. The bills had gone unpaid because the Army challenged the statements rendered, believing that they were based on inflated usage estimates. For part of the amount, the officer submitted vouchers along with certification that the services billed for in that amount had been furnished. Additional amounts on the Commission's statements for interest and late charges have been deducted and will not be paid. Although no written contract existed between the Army and the Commission, the payment may be made on a quantum meruit or quantum valebant basis if it is shown that the Government received a benefit and the bill was ratified by an authorized contracting officer. As the services billed for in the first portion of the amount were provided, upon ratification by an appropriate contracting officer, that payment may be made if otherwise correct. With respect to billings for a later period, no vouchers or Commission statements have been submitted. At such time as the Army determines the actual reasonable value of the services rendered, payment for those services may be made, subject to ratification by an authorized contracting officer.

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