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B-184130 1 (1975-07-03)

handle is hein.gao/gaobadcgd0001 and id is 1 raw text is: %O1LER C~ Co THE COMPTROLLER GENERAL DECISION . . F THE UNITED STATEB WASHINGTON, 0.C. 20548 VNI-rV -7 FILE: B-184130 DATE: July 3, 1975 MATTER OF: Carroll Beaver DIGEST: Government not bound by rental agreement signed by contracting officer where rental agreement violated Forest Service Regional Office memorandum establishing maximum rates. Further, since equitable doctrine of estoppel only applies where injustice would otherwise result, Government not estopped to deny authority of contracting officer where claimant has been ade- quately compensated by payment at administrative maximum rate. Settlement affirmed. On August 3, 1973, Mr. Carroll Beaver entered into an equipment rental agreement with the Tahoe National Forest, Region 5, Forest Service, United States Department of Agriculture. Beaver's 21-foot refrigerator van was used in the suppression of the Pilliken fire which occurred on the adjoining Eldorado National Forest during August and September of 1973. Upon receipt of an invoice from Beaver for rental of the refrigerator van the Certifying Officer refused to certify it for payment on the basis that the rate of $18 per hour portal to portal exceeded by 860 percent the administrative maximum established in the January 18, 1973, Regional Office memorandum, File 6320 (5100), of $45 per day. The memorandum states in paragraph 1 that: * * * These rates represent maximum rates to be paid, and may not be exceeded without prior written approval of the Division of Fire Management. * * *11 (Regional Office) The contracting officer, who had been delegated contracting authority to execute the agreement, signed the Equipment Rental Agreement for Fire Suppression, R5-6300-2, at the rate of $18 per hour without obtaining the prior approval of the Regional Office. - 1 -

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