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B-226503 1 (1987-09-24)

handle is hein.gao/gaobadmvw0001 and id is 1 raw text is: V. The Comptroller General of the United States Washington, D.C. 20548 Decision Department of Education--Payment for Sewer Matter o Services File: B-226503 Date: September 24, 1987 DIGEST While the Department of Education (Department) may not pay a tax bill levied by the Town of Seneca Falls, New York for sewer services provided in 1986 to property owned by the Department, it must pay the Town the reasonable value of the services on a quantum meruit basis. The services would have constituted a permissible procurement, the government received and accepted the services, and the Town acted in good faith. The GAO offers a formula to assist the Department in calculating the dollar value of the benefits received. DECISION As discussed below, GAO finds that the Department of Education (Department) is not authorized to pay a 1986 tax bill levied by the Town of Seneca Falls (Town) for sewer services rendered to a defunct college which the Department acquired by foreclosure in 1985. Under well-established principles of constitutional law, a state may not impose an involuntary exaction on the federal government or its activities. For the same reason, Seneca Falls cannot enforce an oral compromise agreement against the Department to pay a lesser sum than the amount billed since the charges were not based on the actual amount of water and sewer services received and accepted by the Department. However, the GAO finds that Seneca Falls is entitled to be paid for the reasonable value of the sewer services it rendered to the Department on a quantum meruit basis. The GAO offers a formula to assist the Department in determining the amount of this payment. BACKGROUND In the late 1970s, Eisenhower College, located in Seneca Falls, New York, began to default on a numoer of housing and

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