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B-185499 1 (1976-05-19)

handle is hein.gao/gaobaddmt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISiokl OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-185499 DATE: May 19, 1976 MATTER OF: Scan-tex Systems, Inc. DIGEST: Payment for marginally-punched computer forms supplied to Navy in response to unauthorized request of Government employee and to fulfill delivery order issued .under GPO contract in unauthorized manner may be paid on quantum valebant basis subject to GPO consideration of ratification since Government received benefit of supplies. The Disbursing Officer, Naval Ordnance Station, Indian Head, Maryland, has requested an advance decision as to whether payment may be made on an invoice submitted by Scan-tex Systems, Inc. (Scan-tex), under a delivery order issued pursuant to an existing Government Printing Office (GPO) contract held by another firm. Under the delivery order, as amended, Scan-tex supplied 400,000 marginally-punched computer forms to the procuring activity. The forms have been used by the agency. Scan-tex does not hold a valid GPO contract for this item. An employee of the Naval Ordnance Station orally.requested the president of Scan-tex to print the forms. After the forms were printed, the delivery order was issued. However, the employee was without contracting authority and the established small purchase procedures were not followed. There is a dispute in the record as to how the delivery order and amendment thereto signed by contracting officers were issued under a GPO contract held by another firm. However, we do not find it necessary to resolve the dispute in deciding the matter. Here, the Government--initially through an employee without contracting authority, and subsequently under a delivery order issued to a firm without a valid contract--contracted in an - 1 -

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