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B-271163 1 (1996-05-22)

handle is hein.gao/gaocrptaedc0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Combination Industries, Inc. File: B-271163 Date: May 22, 1996 DIGEST A claim against the Federal Aviation Administration (FAA) for operating an advisory radio system at an airport during a 4-month period before the FAA entered into an agreement with the claimant to provide the service, may be paid on a quantum meruit/quantum valebant basis, since the FAA had a statutory duty to operate such a system at the airport, and the airport, which had been paying the claimant for providing the service previously, had terminated its agreement to do so. DECISION Robert Doyle on behalf of Combination Industries, Inc., requests payment of $6,044.40, from the Federal Aviation Administration (FAA) for operating the Unicom advisory radio system at the Marquette County Airport, Michigan, for the period January-April 1995. The claim may be paid. BACKGROUND Combination had two separate contracts for services at the Airport when the events leading to its claim arose, one with the FAA to provide auxiliary weather observation services at the Airport, and one with the Marquette County Airport to provide Unicom services. On February 12, 1994, Public Law 103-211, section 409, was enacted, which required FAA to establish and operate an Auxiliary Flight Service Station (AFSS) at the Marquette County Airport no later than September 1, 1994. FAA subsequently decided that it could meet its statutory obligation by including the Unicom services being provided by Combination under its contract with the Airport into its existing contract with that firm for auxiliary weather observation services. The facts concerning the effective date of the FAA's agreement to take over the cost of providing Unicom services at the Airport are disputed. According to the 1004516

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