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B-200372 1 (1980-11-18)

handle is hein.gao/gaobadisc0001 and id is 1 raw text is: 




                        THE  COMPTROLLER GENERAL
DECISION              . OF  THE   UNITED STATES
                        WASHINGTON, 0. C. 20548




FILE: B-200372                DATE:  Novemhr 18,19P0

MATTER  OF:  Gilbert Construction Company


DIGEST:

     Although no contract existed between
     protester and National Park Service,
     payment may be made on quantum meruit
     basis since Park Service has received
     benefit and unauthorized work has been
     implicitly ratified.


     The Pacific Northwest Region of the National
 Park Service (Park Service) requests a decision on
 whether it may certify a $3,500 payment to Gilbert
 Construction Company (Gilbert), a/k/a/ G&J Joint
 Ventures.

     On September 27, 1974, a Park Service concession-
 aire, Howard W. Bradley (Bradley), pursuant to its
 concession contract, contracted with Gilbert to
 construct a restaurant at the Diablo Lake Resort,
 Rockport, Washington. The total estimated contract
 price was $197,575.23. However, certain work to be
 done outside the restaurant, such as clearing and
 grading the site and constructing the parking lots,
 worth $28,952, was specifically excluded from the
 contract. Therefore, the final contract price was
 $16R,623. Gilbert apparenlly was informed by Pradley
 that t.he Park Serrice would sicfn a soeonrate' contract
 for t~he work specifically excluded from its (Gilbert's)
 contract with 3radley. Gilbert never received a
 contract for this work from the Government, but the
 work was done.

     Gilbert claims it spent $5,000 between October I
 through October 11, 1974, on the excluded items. The
 superintendent claims no work was begun before October 9,
 1974. The Park Service has determined that only $3,500
 of the work is compatible with the final plans and
 design which the Park Secrvice required. Gilbert has
 agreed to accept such an amount for its work.

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