No Implied-In-Fact Contract When Agency Is Not Aware of Terms; ASBCA No. 58633, Engineering Solutions & Products, LLC

Appeal of the contracting officer’s denial of a certified claim seeking rent payments and an early termination fee under a warehouse lease based on an implied-in-fact contract is denied, where the appellant could not show that any government official with contracting authority ratified the implied-in-fact contract, and where the agency paid the prime contractor for its lease of the warehouse from the appellant and therefore had no reason to conclude it received any benefit from an implied-in-fact contract with the lease holder.