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B-195588 1 (1980-07-30)

handle is hein.gao/gaobadilm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 CNITE FILE: B-195588 DATE: July 30, 1980 MATTER OF: J & P Industrial Products DIGEST: 1. Payment for goods furnished by claimant under improper purchases may be made on quantum valebat basis since Government received benefit and unauthorized pur- chases have been implicitly ratified. 2. Price stipulated in invalid contract may not be accepted as measure of quantum valebat recovery when price is excessive compared with price of similar goods available to Government. J & P Indu trial Prod S J & P) has requested econsideration of a settleme issued on December 4, 1979, which de ed, in , a claim by J & P for pay- ment for goods and services provided to the Government under improper purchase orders. The December 4, 1979, settlement authorized the Government to reimburse J & P on a quantum valebat basis (the reasonable value of goods sold and deliv- ered) for part of its claim. The contracting officer concluded that the reasonable value of the goods pro- vided by J & P was 58 percent of the prices listed for these items on J & P's invoices. Accordingly, the settlement authorized payment of the sum of $25,338.19 of'J & P's claim of $43,686.55, but disallowed the balance of the claim. J & P objects to the contracting officer's determination, asserting that J & P should have received the entire amount of its claim because the claim represents the reasonable value of the goods J & P provided to the Government. During August-September 1978, J & P supplied a variety of items to the Department of the Army at Fort Bliss, Texas, under a Blanket Purchase Agreement (BPA). 07~

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