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B-200095 1 (1980-10-08)

handle is hein.gao/gaobadjbo0001 and id is 1 raw text is: 



                                       THE COMPTROLLER GENERAL
               DECISION      .( '      OF THE      NTE      STATES
                                       WASHINGTON; 0. C. 2 O 5 4 E



               FILE:     B200095             OATE: October 8, 1980

               MATTER OF: Bureau of Land Management - Mobile Home
                               Purchased - Unauthorized

               DIGEST:


                   Notwithstandin   gency.failure to comply
                   with procurement regulation , amount due
                   as final payment for mobile-home may be
                   paid on a quantum valebant basis since
                   Government received benefit and price
                   is considered reasonable, if an authorized
                   contracting official of Government recom-
                   mends that payment be made.


                   The Bureau of Land Management (BLM), United States
               Department of the Interior, has requested our decision
               regarding the propriety of paying Hi-Sierra Mobile Home
Sales (Hi-S_ erra) an amount owing for the purchase of a
               mobile homeja.

                  SDring January and July 1979, a fire control officer
               of the Bakersfield, California District of ELM' solicited
               quotations for the lease/purchase of a mobile home from.
               three local vendors. The quotations were solicited orally,
               without issuance of a formal solicitation document or
               written specifications. Th eofficer awarded the contract
               to Hi-Sierra in August 197V9. Since the delegation of pro-
               curement authority to BLM district offices is limited to
               a small purchase maximum of $10,000, the requirement was
               split to erroneously show the procurement of two 12' x 60'
               trailers, rather than the single 24' x 60' unit actually
               purchased.

                   In 1979, BLM made payments on two purchase orders,
               each in the amount of $7,500. After it discovered the
               improprieties described above, BLV1 withheld pay.ment of
               he third and final purchase order which was for $6,868.
                 M found that the legal improprieties in the procurement
               were such that ratification of the contract award pursuant
               to Federal Procurement Regulations (FPR) § 1-1.405 was
               inappropriate.

       /i 57

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