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B-199027 1 (1980-07-18)

handle is hein.gao/gaobadiku0001 and id is 1 raw text is: At THE COMPTROLLER GENERAL CIS0N *. A OP THE UNITED STATES WASHINGTON, 0: C. 20s4s FILE: B199027 DATE: July 18, 1980 MATTER OF: L. G. Black, Inc. Since Government received benefit of company's carpet-cleaning services, quantum meruit/quantum valebat recovery is permissible where purchasing agent erroneously issued order to company when he was required to use contractor on Federal Supply Schedule. However, payment is limited to amount schedule contractor would have been paid. The General Services Administration (GSA) has requested our decision on whether L. G. Black, Inc. (Black), is entitled to payment of invoices in the amounts of $1,654.24 and $1,143.50 for rug- and carpet-cleaning services. The GSA has entered into a mandatory Federal Supply Schedule (FSS) contract for the cleaning of rugs and carpets. However, Black, which was not the schedule contractor for those services, was requested to and did clean carpets in the GSA's Washington Regional Office Building. The purchas- ing agent was not authorized to contract with anyone other than the contractor listed in the FSS. In any case, GSA paid the invoices in the reduced amounts of $903.92 and $443.10. Payment was based on the recommendation of the Buildings Manager who believed that $405 should be deducted because it was for an area already billed and a 40-percent discount should be taken because Black gave the Government a 40-percent discount under its FSS contract for installing carpets. 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). However, the courts and our Office 6~h~4A/Rg

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