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B-221226 1 (1987-07-06)

handle is hein.gao/gaobadmti0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Heritage Visual Sales, Ltd.--Reconsideration File: B-221226 Date: July 6, 1987 DIGEST In response to Heritage Visual Sales' request for recon- sideration of B-221226, February 6, 1986, denying quantum valebant claim for payment for its distributor's erroneous shipment of an extra set of videotapes, Defense Logistics Agency investigated to determine whether the government had physical possession of the tapes or ever received quantifi- able benefit. Inability to locate tapes and Heritage's failure to show more than receipt of package that may have contained tapes falls short of requisite showing of benefit to the government necessary for recovery. DECISION M.L. Johnson Enterprises (Johnson) requests reconsideration of our decision in Heritage Visual Sales, Ltd., B-221226, February 6, 1986, in which we found that the failure to establish receipt, acceptance and use of a duplicate set of 26 videotapes of the television series World at War, erroneously sent to the Defense General Supply Center (DGSC) of the Defense Logistics Agency, precluded recovery of a claim for $16,770. For the reasons stated below, we are still unable to allow the claim on the basis of the present record. Johnson is the distributor for Heritage and has been assigned the right to make a claim for the alleged erroneous duplicate shipment of videotapes. In our previous decision, we concluded that since there was not a contract, either express or implied-in-fact, for the shipment of a second set of World at War videotapes, the only basis on which we could authorize payment would be on a theory of quantum meruit/quantum valebant, which was explained as follows: Where a performance by one party has benefited another, even in the absence of an enforceable C kBC \

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