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B-183289 1 (1975-12-03)

handle is hein.gao/gaobadcqy0001 and id is 1 raw text is: ot LE R c, o THE COMPTROLLER GENERAL DECISION * * OF THE UNITED STATES WASHINGTON. D. C. 20546 FILE: B-183289 DATE: December 3, 1975 MATTER OF: RCA Corporation DIGEST: Payment for presentation of training course in response to unauthorized request may properly be made on quantum meruit basis in absence of formal contract since Government re- ceived benefit and unauthorized request for course was implicitly ratified. RCA Corporation (RCA) has requested payment for a training .course which it conducted for the Marine Corps at Quantico, Virginia, in July of 1970. Although RCA taught the course at the request of Marine Corps officials, it has not been paid because no contract for the services was ever entered into between RCA and the Marine Corps. In May 1970, RCA conducted a training course in the operation and maintenance of tactical satellite and maintenance equipment at Lakehurst, New Jersey. On May 12, non-procurement Marine personnel contacted RCA and requested that it submit a proposal for similar training of other Marine Corps personnel immediately upon completion of the Lakehurst course in order to gain a price saving and make convenient use of instructional material and instructors from the prior course. On May 15, RCA submitted a proposal, and, along with .the Marine Corps personnel who had requested that the course be taught, RCA representatives went to the cognizant contracting officer in order to formalize an agreement. RCA states that the contracting officer * * * referred to his heavy load of fiscal-year-end procure- ment requirements and said he would do his best to help. He was given a copy of RCA's proposal, and said that he would await USMC procurement documents. On June 8, when RCA was to begin preparing for the.course, one of its representatives telephoned the contracting officer who reportedly * * * said that, although he had not yet seen the procurement request, the Marine Corps intended to take action initiating the contract as soon as the request was received in the Procurement Division. He again spoke of his work load. When told that it was necessary for RCA to start course prepara- tion that day in order to preserve the price and retain the instruc- tors, the contracting officer is reported to have * * * raised no question and again stated that the Marine Corps would issue a con- tract. On June 24, the RCA representative presented the contracting - 1 -

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