Coffin v. District of Columbia

320 A.2d 301, 1974 D.C. App. LEXIS 220
CourtDistrict of Columbia Court of Appeals
DecidedMay 30, 1974
Docket7386
StatusPublished
Cited by19 cases

This text of 320 A.2d 301 (Coffin v. District of Columbia) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coffin v. District of Columbia, 320 A.2d 301, 1974 D.C. App. LEXIS 220 (D.C. 1974).

Opinion

NEBEKER, Associate Judge:

This appeal is from an order entered at the conclusion of plaintiff-appellant’s case denying recovery in a suit for breach of contract. The question is whether appellant may recover from the District of Columbia any part or all of an amount claimed for consultation services rendered to the Office of Community Renewal (OCR) even though there was no prior underlying formal, written contract. The trial court concluded that no recovery was available. We hold that the District of Columbia is liable for payment of $2,500, an amount which the District’s contracting agent is authorized to expend without formal Procurement Office approval.

Appellant is a landscape architect and city planner. On previous occasions, based upon formalized, negotiated-fee contracts, appellant had rendered professional services to the Office of Beautification and the OCR. In the fall of 1968, the then Acting Director of OCR approached appellant about serving as a staff consultant to the OCR. Both parties agreed orally to a consultation fee of $20 per hour. Services were rendered from September 1968 to April 1969.

Upon request by the Acting Director, appellant submitted a written summary of the time devoted to performing those services. He claimed 163.5 consultation hours, totaling a fee of $3,270. That summary ‘was initialed by the Acting Director and given to his office manager for processing and payment. Several days later, the Acting Director resigned. The summary was never processed though appellant made an unproductive attempt in that direction to secure payment. Evidence in the record reveals that payment was not made because there was no previous underlying written contractual basis for doing so.

The former Acting Director testified at trial that, by delegation from the Procurement Office, he had authority to engage consultants and that appropriated funds were available to pay for appellant’s services. He further testified that other consultants were hired and that the contracting procedure in some cases was substantially similar to the instant case, viz, an oral agreement would later be formalized by submission of a written claim and approval thereof.

The District argued to the trial court that there was no contract between the parties because a statutorily required contract procedure was not followed. Therefore, it urged that at best there was merely an oral agreement between the Acting Director and the appellant. The judge directed a verdict based on the fact that the contract was not in writing as required by D.C.Code 1973, §§ 1-801 and 1-803. 1

*303 It is a well-recognized principle that a would-be contractor wjith a municipal corporation is deemed imputed with knowledge as to the scope of the contracting agent’s authority. As stated in 10 Mc-Quillin, Municipal Corporations § 29.04 at 219-22 (3d ed. 1966):

The general rule is well settled and is constantly enforced that one who makes a contract with a municipal corporation is bound to take notice of limitations on its power to contract and also of the power of the particular officer or agency to make the contract. That is, persons dealing with a municipal corporation through its agent are bound to know the nature and extent of the agent’s authority in accordance with long-existing and well-settled general rules obtaining in the law of agency generally, and applying to dealings with both artificial and natural persons. [Footnotes omitted.]

The right to contract has been delegated by Congress to the Commissioner with the limitation that contracts are to be in writing, signed by parties, and filed in the office of the secretary of the District. See D.C.Code 1973, §§ 1-801 and 1-803. The Commissioner has, in turn, delegated this contracting authority to certain designated “Contracting Officers”. See Organizational Order No. 9, D.C.Code 1973, Title 1, Contracting Officers, Administration, Appendix at 234. Further, each appointed “Contracting Officer” is authorized to re-delegate the authority to officials under his control. Ibid. Significantly, one of those appointed “Contracting Officers” is the Director of the Department of General Services who, along with the authority to contract, has been directed, inter alia, to

[collaborate with Contracting Officers in developing and implementing effective contracting procedures which are designed to expedite the work of the Contracting Officers. [Id. at 235.]

The Procurement Office, an organizational entity within the Department of General Services, has responsibility for, inter alia, “developing, installing, and supervising effective and simplified purchasing policies and procedures for departments and offices of the District of Columbia Government.” See Organizational Order No. 3, D.C.Code 1973, Title 1, Department of General Administration, Appendix at 230. See also Commissioner’s Order (Organization Action) No. 69-96, D.C.Code 1973, Title 1, Establishment of Office and Departments, Appendix at 254. In light of these responsibilities, the Procurement Office has developed contracting procedures to be followed in procuring goods and services Ifor the District of Columbia.

The following sections of the District of Columbia Procurement Manual (the Manual) are pertinent to the instant case. Section 4-806 provides that professional service contracts in excess of $2,500 “must be entered into by the D.C. Procurement Officer, and all D.C. agencies must requisition their requirements for such services from the D.C. Procurement Officer in accordance with [established] procedures and guidelines . . . . ” Section 4-807 of the Manual, relating to contracts of $500 or less, provides that services may be procured through a purchase order. That order must contain the pertinent terms of the agreement. Also, a written acceptance by the contractor of the contract terms must be obtained by the department seeking the services. However, services that are repetitive in nature are to be contracted for by use of Form P.O. 12 rather than by use of purchase orders.

Section 4 — 808 of -the Manual relates to contracts not in excess of $2,500 and provides that such contracts are to be negotiated by the agency seeking the services. The finished contract is to be prepared on Form P.O. 12. All such contracts are to be approved by the head of the department or his principal assistant. Significantly, it is stated that “[f]or purposes of this Part, authority is delegated to each department *304 and agency head to enter into contracts not to exceed $2500.”

Section 4-809 of the Manual, pertaining to contracts for services in excess of $2,500, provides that the Procurement Office is responsible for negotiating and finalizing formal contracts with the parties who will render the services. The department or agency requesting the services does so by way of a written memorandum which contains, inter alia, a “detailed description of the services to be rendered, the period during which such service will be rendered, the unit cost of the service, i. e., per hour, per day, . . .

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Bluebook (online)
320 A.2d 301, 1974 D.C. App. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffin-v-district-of-columbia-dc-1974.