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B-181340 1 (1974-07-18)

handle is hein.gao/gaobadccu0001 and id is 1 raw text is: #A


FILE:  B-181340


PATE:


July 18s 1974


   MATTER OF: Mobile Cruehins Company, The, *MV


   DIGEST;   Claim for goods ,ivIdservices furidshed to agency
             at verbal order of unauthvrized agency official
             nay be allowed op ¶iantum meruit nnd quantum
             valebat bases where it in administratively deter-
             mtned that contractor furnihiled service in good
             faith ard at reasonable price,

  .   K.r, G eorge Do Breitmeler,' Authorized Certifying Officer,
- United States Department of Agriculture, foreat Service, Reg'on 6,
  Portland, OreSon, by let er (6540), dated Wirch 8, 1974, requested
  an 'advance decision on a Claim for work performed without proper
  authorization by,,a subcontractorunder a tinber sale contract.

       The claim arises under the Ivy Straight Timber Sale Contract,
  No. 02351-5, awarded to Young and Morgan, loc., on December 23, 9p  jr
  1970, by the Willamette National Forest, Section% ;A9 and A10 of
  the contract required the timber purchaser to reconstruct the
  surface of Forest Road No. 111, This reconstruction work was
  subcontracted to Nobile Crushing Company, Inc. (Mobile). Mobile,
  in performing the road reconstruction, rocked a 1-nile section of
  Forest Service No. 111 vhich was not required by the timber vale
  contract.

       This extra work forms the basis of the clait. Mobile
  contends it was told to perform the extra rocking by.an appro-
  priate agent of the Forest Service. The Forest Service concedes
  that the direction was given but advises that it contituted a
  change in the contract requirements which the agent vas not
  authorized to make.

       The record shows that Mobile performed road reconstruction
  work pursuant to verbal orders of an unauthorized Forest Service
  official.  The Foreot Service's report to this Office ntates in
  part that:
       0
       We believe the Government realized some be:efit
       from the additional work performed by Hobile
       Crushing Company, Iuc. This particulur ont-mile


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