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B-182781 1 (1975-08-04)

handle is hein.gao/gaobadckh0001 and id is 1 raw text is: oo THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C . 20549 FILE: B-182781 DATE: August 4, 1975 MATTER OF: Jung Won Kim DIGEST: Decision Jung Won Kim, B-182781, January 22, 1975, affirm- ing denial of claim for expenses incurred in constructing private venture steam bath on Army base for nonappropriated fund activity, in part, because claimant did not meet re- quisites for payment on quantum meruit or quantum valebant basis is affirmed since Army has refused to ratify un- authorized construction project and extent of benefit to Government might very well be questionable. By letter dated February 14, 1975, Jung Won Kim requested reconsideration of our decision Jung Won Kim, B-182781, January 22, 1975. In that decision, we affirmed the denial of Mr. Kim's claim for $80,054 by the Transportation and Claims Division of our Office for expenses allegedly incurred in constructing a steam bath at Camp Adenir, a United States military base in South Vietnam for use in a nonappropriated fund activity. We considered the suggestion that the claim be recognized on a theory of quantum meruit (the reasonable value of work and labor), or quantum valebant (the reasonable value of the goods sold and delivered). We found nothing in the record to indicate that the requisites for a right to payment under these theories had been met. That is, it must be shown that the Government has received a benefit, and that the unauthorized action has been expressly or impliedly ratified by authorized contracting of- ficials of the Government. B-166439, May 2, 1969. Mr. Kim contends that the Government benefited from the con- struction project by using the facility between May 1971 and Feb- ruary 1973 as barracks for United States troops returning from combat. Other than statements made by Mr. Kim, the record contains no information pertaining to the use of the facility between May 1971 and February 1973. Therefore, we have no confirming infor- mation on Mr.'Kim's statements to enable us to ascertain whether -1- *

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