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B-197007 1 (1979-12-19)

handle is hein.gao/gaobadhux0001 and id is 1 raw text is: 



                          OLLER 0
                        o0 THE COIVPTROLLER GENERAL
          DECISION                OF   THE   UNITED STATES
                                  WJASHINGTON, D. C. 20549



          FILE:      B-197007           PATE: December 19, 1979

          MATTER  OF:    Forest Service - Ratification of   34-
                         Unauthorized Purchase
          DIGEST:

i          7 o Payment for unauthorized purchase of rock
              and gravel delivered to Forest S vice pro-
              ject may be made on quantum valebat basis
              since Government received benefit of material
              and completed project and unauthorized action
              has been implicitly ratified.


              The United States Department of Agriculture, Forest
         Service requests our decision on whether Amearth Exca-
         vators of Buffalo, Wyoming (Amearth) is entitled to
         payment of $1,620 for rock and gravel delivered to the
         Tensleep Ranger District, Webb Creek job site.

              On July 25, the District Ranger orally contacted
         Amearth and placed an order for the rock and gravel.
         This was done after the project coordinator checked other
         sources for this material and determined that Amearth
         was the only supplier with the capacity to haul the
         material over the distances involved and which could ,
         meet the Forest Service's needs. The Dist-r-i-ct Ranger
         took this action because the project -6oordinator trans-
         ferred to another district before the project work was
         initiated and because he felt an urgent need to have
         the material delivered for a Youth Conservation Corps
         project before the program ended on August 10, 1979.
         The District Ranger, however, lacked the procurement
         authority to make the purchase and no formal purchase
         order was issued.

              Although the United States cannot be bound beyond
         the actual authority conferred upon its agents by statute








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