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B-209173 1 (1983-01-17)

handle is hein.gao/gaobadkvb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON, 0.C. 20548 FILE: B-209173 DATE: January 17, 1983 MATTER OF: Honeywell, Inc. DIGEST: Despite the absence of a formally executed contract, invoices for maintaining data processing systems may be paid on a quantum meruit basis since the Government received a benefit. Appropriation available at the time the services were rendered is chargeable. The Department of the Navy requests our advance decision as to the legality of certification for payment to Honeywell, Inc. (Honeywell), for services rendered maintain- ing data processing systems from June 14 to September 30, 1980. The Navy and Honeywell did not enter into a formally executed contract covering Honeywell's services during this period. If authority for payment is available, the Navy also requests our decision as to the proper fiscal year appropriation to be charged. The General Services Administration (GSA) and Honeywell executed a fixed-price requirement contract on October 15, 1971, for an 8-year term to expire on November 25, 1979, providing for the delivery and installation of data process- ing systems, maintenance, training, and technical support. However, due to three extensions, the contract expiration date was June 14, 1980. Honeywell continued to provide the services called for from June 14 to September 30, 1980, because the Navy had requested Honeywell to continue its performance and had assured Honeywell that the contract would be extended to cover Honeywell's performance. Due to technical irregularities and confusion in the Navy's procurement process, no express contract arose between the Government and Honeywell covering Honeywell's performance from June 14 to September 30, 1980. Honeywell has submitted invoices for payment in the amount of $391,556.55 for the above period. Although no formally executed contract existed between the Navy and Honeywell, in appropriate circumstances,

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