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![handle is hein.gao/gaobadhvn0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION . . OF THE UNITED STATES
WASHINGTON, D.C. 20548
FILE: B-196700 DATE: January 9, 1980
MATTER OF: Eagle Valley Construction
DIGEST:
1. Where Government receives benefit of ser-
vices, even though dollar amount was in
excess of procurement authority and applicable
procurement regulations were not followed,
payment may be made on quantum meruit basis
since amount claimed is reasonable and procurement
has been impliedly ratified.
2. Agency failure to include applicable Davis-Bacon
Act provisions to purchase order does not bar
payment to contractor on quantum meruit basis
and as applicable provisions were not included
in purchase order contractor was not bound thereby.
An authorized certifying officer of the Bureau of
\Land Management (BLM), United States Department of
Interior, has requested our decision regarding the
propriety of paying a&f invoice]submitted by Eagle
Talley Construction (Eagle) for paving a wareyard
at a BLM facility in Carson City, Nevada. -0-350
On September 14, 1979, BLM's Carson City District
Office issued a purchase order in the amount of $9,467.50
to Eagle for paving the wareyard. Prior to issuing the
order, the District Office solicited oral quotes from
3 s-ources of supply. Eagle had submitted the lowest
quote.
The Chief, Bureau of Procurement, at BLM's Nevada
Service Center, has questioned whether he may ratify
the transaction. It is indicated that the District
Office regard the work as maintenance, but paving
the wareyard was actually construction work. While
Federal Procurement Regulations (FPR) § 1-3.6 authorizes
the use of small purchase procedures where the amount
involved does not exceed $10,000, the small purchase
procedures are not authorized for construction work if
the price exceeds $2,500. FPR § 1-18.3. The record
also indicates that the District Office considered](ViewImageLocal?handle=hein.gao/gaobadhvn0001&div=1&collection=&method=preview&ext=.png&size=3)