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B-222035 1 (1986-07-02)

handle is hein.gao/gaobadmjc0001 and id is 1 raw text is: 





OECISION





FILE: B-22203

MATTER OF:


DIQEST: 1 .


THE COMPTROLLER GENERAL
OF THE UNITED STATED
WASHINGTON, D.C. 20548




      DATE:  July 2, 1986


'5


City of Ansonia, Connecticut - Sewer Services
Claim

City of Ansonia may recover $33,187.50 for
sewer services provided to the Army's housing
facilities at Fort Devens, Massachusetts. The
City may be paid on a quantum meruit basis,
pursuant to the Comptroller General's claims
settlement authority, 31 U.S.C. S 3702 (1982),
because the services constituted a permissible
procurement, the Government received and ac-
cepted the services after it was notified of
the connection, the City acted in good faith
and the amount claimed represents no more than
the reasonable value of the benefit received.


           2. City of Ansonia's quantum meruit claim is not
               barred by the 6-year time limitation in
               31 U.S.C. § 3702(b)(1) (1982). All monetary
               claims against the United States cognizable by
               this Office must be received within 6 years of
               the date that claim first accrues or be forever
               barred. The City's claim first accrued no
               earlier than March 4, 1981, when the Army ac-
               cepted sewer services by failing to disconnect
               its facilities and continuing its use of the
               City's sewer system with the knowledge that the
               connection existed and that the city expected
               payment. Since the City's claim reached this
               Office on August 26, 1985, the 6-year time
               limitation in 31 U.S.C. § 3702 (1982) was met.


     By letter dated August 23, 1985, the U.S. Army Finance
and Accounting Center forwarded to our Office for settlement
the claim of the City of Ansonia, Connecticut (Ansonia) in the
amount of $33,187.50. The claim represents sanitary sewer
services provided to family housing facilities at Fort Devens,
Massachusetts. Based on our review of the facts in this situ-
ation, we conclude that this Office may authorize payment of
$33,187.50 to Ansonia on a quantum meruit basis for the ser-
vices provided between March 4, 1981 and June 5, 1984.


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