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B-237825 1 (1990-04-27)

handle is hein.gao/gaobadnsx0001 and id is 1 raw text is: 


          The Comptroller General
          of the United States
          Wahingon, D.C. 20548
IN 9      Decision


            Matter of: Department of the Navy -- Texas Instruments

                         Claim for Services

             File:       B-237825

             Date:       April 27, 1990

             DIGEST

             Claimant may be paid on a auant   meruit basis for services
             provided to the government without a written contract since
             the government could properly have acquired the services,
             the government received and accepted the benefit of the
             services, and the claimant acted in good faith. Payment
             should be made in the amount the agency determines to be the
             reasonable value of the benefit to the government.


             DECISION

             The Department of the Navy asks whether it may pay three
             claims totaling $334,009 submitted by Texas Instruments,
             Inc. (TI), for field engineering services provided to the
             Navy without contractual coverage. For the reasons given
             below, the Navy may pay the claims, limited to the amount it
             determines to be the reasonable value of the benefit to the
             government.

             The record shows that TI had a series of contracts with the
             Naval Air Systems Command for equipment to be installed in
             the P-3 Orion aircraft. These contracts were normally
             followed with contracts to provide field engineering support
             for the installation of the equipment at the aircraft
             manufacturer's plant. The latter contracts contained line
             items for support for specific pieces of equipment.

             TI asserts that because negotiations for the support
             services contracts frequently extended into the contract
             year, a pattern was established whereby TI provided
             continuing services while the contract was still being
             definitized and before orders were actually issued for
             specific line items. TI states that it continued to provide
             the services in the expectation that orders for these
             services would be forthcoming, based on advice from the Navy
             that the services were needed and requisitions were in


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