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B-196004 1 (1979-11-02)

handle is hein.gao/gaobadhsb0001 and id is 1 raw text is: 
                 5 ~    THE  COMPTROLLER GENERAL
DECISION                OF  THE   UNITED     STATES
                        VWAS H INGTO N   0 .C. 20548



FILE: B-190004                DATE: November 2, 1979

MATTER  OF: DeLoss Construction Compan         3





        Where Government received benefit
        of services, even though dollar
        amount was in excess of procurement
        authority, payment may be made on
        quantum meruit basis since amount
        claimed is reasonable and procure-
        ment has been implicitly ratified.


     An authorized certifying officer of the Bureau of
 and Management (BLM), United States Department of the
 Interior, has requested our decision regarding the
 propriety of paying the invoices submitted by DeLoss
 Construction Company (DeLoss) for the rental of equip-
 ment with operators, pursuant to the Moave Chub HMP
 Project, to modify the habitat of an endangered is
 species.

     In November 1978, BLM made the determination that
there was a need to modify the habitat of the Mojave
T           : Sarnia. Prior to the dates in
question, April 9 through May 11, 1979, there were two
attempts to improve the habitat but, apparently due to
adverse changes in the water and temperature at the
site,each attempt was stopped. DeLoss was the con-
tractor used for the first two attempts and was also
selected for the third.  However, due to an administra-
tive error, BLM proceeded under the prior purchase
order (No. CA-060-CT9-9) rather than issuing a new one
for the third attempt.  Moreover, after the project
was completed, the BLM District Office received an
invoice from DeLoss claiming $26,902.75 for the ser-
vices rendered, which was in excess of that Office's
procurement authority ($10,000).

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