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B-197005 1 (1980-02-25)

handle is hein.gao/gaobadial0001 and id is 1 raw text is: J THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAS H IN GTON, D .C . 2054 8 FILE:B-197005 ATEFebruary 25, 1980 MATTER OF: Wilson Equipment Company -55 6,0 OIGEST: Contractor who rented equipment to Govern- ment under unauthorized purchase order may be paid on quantum meruit basis since Govern- ment received benefit and unauthorized action has been implicitly ratified. The Forest Service, United States Department of Agriculture, requests our decision on whether the Wilson E ipment C.jnpany (Wi 175 on) of Lexington, Kentucky, is e ntitlef to payment of $378 under an equipment rental agreement w hIch the Forest Service believes was improper. The record indicates that the purchasing agent for the ' Boon , Winchester,31 Kentuign an-equipmen al agreement with Wilson for the use of a forklift and backhoe at the Job Corps Center in Frenchburg, Kentucky. The total cost of this agreement was $13,740. However, the purchasing agent only had authority to contract up to $10,000, and it was not until after she had already signed the document that she realized that she had exeeded'her purchasing authority. According to the purchasing agent, she immediately went to her superior to find out if she could enter into this agreement. At this point, however, the record becomes unclear. Somehow, without the purchasing agent's knowledge, the rental agreement was sent to Wilson. The company then supplied the equipment called for in the agreement and received periodic payments for its use. All this apparently happened without the knowledge of either the purchasing agent or her superiors. Many months passed before it came to the purchasing agent's attention that the equip- ment was being used at the Frenchburg Job Corps ~&~hf

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