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B-191476 1 (1978-05-31)

handle is hein.gao/gaobadgcf0001 and id is 1 raw text is: L r W.A, Wotherepoon PL I *. THE CCMPTROL.LER CENERAL DECISIONo . OF THE UNITBD *TATEB WASHINGTON, D.C. 2054 FILE: B-191476 DATE: ay 31, 1978 MATTER OF: Planned Communications Services, Inc. DIGEST: Although procurement regulations were not complied with, amount due may be paid on quantum meruit/quantum valebat basis since record shows that Government received bene- fit, price is reasonable, and unauthorized action has been ratified by authorized con- tracting officials of Government. An authorized certifying officer of the Commodity Futures Trading Commission (CFTC) has requested our opinion concerning the propriety of certifying for payment a voucher in the amount of $11,157.53. This voucher represents an amount due to Planned Communi- cations Services, Inc. (PCS), for production of a public service television spot announcement, warning of the hazards of purchasinj commodity options. The contracting personnel involved did not comply with applicable procurement regulations in the procurement of this item. Although the United States cannot be bound beyond the actual authority conferred upon its agents by statute or regulation, see United States v. Crance, 341 F.2d 161, 166 (1965), the courts and our Office have recognized that in appropriate circumstances pay- ment may be made for services rendered on a quantum meruit basis (the reasonable value of work or labor), or for goods .furnished on a quantum valebat basis (the reasonable value of goods sold and delivered). 40 Comp. Gen. 447, 451 (1961). Recognition of a right to payment on this basis, however, requires a showing (1) that the Government received a benefit and (2) that the un- authorized action has been expressly or impliedly ratified by authorized contracting officials of the Government. Defense Mapping Agency, B-183915, June 25, 1975, 75-2 CPD 15; The Singer Company, B-183878, June 20, 1975, 75-1 CPD 406; 3-166439, May 2, 1969. I. II I

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