Operating Status
FULLY OPERATIONAL
OPERATING STATUS
The FAR, DFARS and AFFARS do not go beyond Ratification of unauthorized commitments provided for in FAR 1.602-3 and the supplements. Both the Government Services Administration and the Defense Logistics Agency include requirements for quantum meruit in their supplements. (GSAM 501.602-3 (f) Payment based on quantum meruit or quantum valebant and DLAD 1.602-3(S-91) and (S-92) - Ratification of unauthorized commitments.)
Numerous GAO rulings have indicated that providers to DoD entities may be paid under a quantum meruit basis. Several criteria have to be met before this can happen.
See: GAO - B-209173 - Payment on Quantum Meruit Basis in Absence of Formal Contract - Jan 17, 1983 GAO - B-200372 - Authorization for Payment on Quantum Meruit Basis - Nov 18, 1980 GAO - B-242405 - Invalid Intergovernmental Personnel Act Assignment - Quantum Meruit - Mar 15, 1991
Another possibility to resolve the situation could be based in further reading of FAR 1.602-3 Ratification of unauthorized commitments:
FAR 1.602-3(d) Nonratifiable commitments. Cases that are not ratifiable under this subsection may be subject to resolution as recommended by the Government Accountability Office under its claim procedure (GAO Policy and Procedures Manual for Guidance of Federal Agencies, Title 4, Chapter 2), or as authorized by FAR subpart 50.1. Legal advice should be obtained in these cases.
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