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![handle is hein.gao/gaobadndm0001 and id is 1 raw text is:
The Comptroller General
of the United States
Washington, D.C. 20548
Decision
Matterof- Acumenics Research and Technology, Inc.--
Quantum Meruit payments
File:
B-224702.2
Date:
July 7, 1988
DIGEST
The Department of Labor may include a fee (or profit) in
calculating the amount of a quantum meruit payment to
Acumenics Research and Technology. To the extent profits
are determined to be reasonable and constitute compensation
for what the government received under the circumstances,
inclusion of profits as an element of value in a quantum
meruit recovery is not prohibited.
DECISION
This decision is in response to a request from the United
States Department of Labor (DOL) for our opinion regarding a
determination we made in Acumenics Research and Technology,
B-224702, Aug. 5, 1987.
In that case we held that the DOL had no authority to make
certain contract extensions for the services of Acumenics,
which had lost its eligibility to participate in the 8(a)
small business program. Although we determined that the
affected contract extensions had no binding effect, we
stated that the contractor [Acumenics] is entitled to be
paid for the services it performed on a quantum meruit
basis. Id. at 10.
It is the latter holding which has created the new dispute
between Acumenics and DOL; namely, whether the applicability
of the doctrine of quantum meruit entitles Acumenics to be
paid the fee it would have earned under the now voided
contract extensions.
DOL is of the opinion that quantum meruit does not allow
payment of a fee. Therefore, DOL has sought reimbursement
from Acumenics of $165,197.27 in fees accrued in the time
period encompassed by the voided contract extensions.
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