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B-234321 1 (1989-03-20)

handle is hein.gao/gaobadnkm0001 and id is 1 raw text is: 


The Comptroller General
the United States
Washingto, D.C. 2O8

Decision

          Department of the Navy - Raytheon Claim for
Matterof: Repair Services

File:     B-234321

Date:     March 20, 1989


DIGEST

Claimant may be paid on a quantum meruit basis for necessary
repairs made to government equipment without a written
contract since the repairs could lawfully have been
procured, the government received and accepted the benefit
of the repairs by using the equipment after the repairs were
made, the claimant acted in good faith, and the amount
charged for the repairs was fair and reasonable.


DECISION

The Department of the Navy asks whether it may reimburse
Raytheon Company $49,231 that Raytheon paid Litton Systems,
Inc., for repairing three government-owned Raytheon test
consoles transported to Litton from the Crane, Indiana,
Naval Center. For the reasons given below, we find that the
claim may be paid.

The record indicates that Litton needed the test consoles as
government-furnished test equipment to assist with
increasingly urgent production needs related to a contract
between the Navy and Grumman Aerospace Corporation. Before
they reached Litton from the Crane facility, the consoles
were extensively damaged because of poor packing and
improper shipping. The Navy acknowledges that it was
responsible for the damage.

There is some conflict in the record about whether the Navy
authorized Raytheon to effect repairs. Raytheon alleges
that personnel at the Crane facility stated that funding for
the repairs was forthcoming. On this basis, Raytheon issued
a purchase order to ritton to repair the consoles to insure
that project delivery schedules would be met. Litton then
made the reoairs and requested payment from the Navy of
$49,231 for its work. The Navy, however, replied that the
government had not authorized Litton to make the repairs and

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