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B-240994 1 (1990-10-15)

handle is hein.gao/gaobadnuw0001 and id is 1 raw text is: dVi- ILL L~f./


- dComptroller General
         of the UniWd States
         Washingtn, D.C. 20648

         Decision



         Matter of:      Claim of Wackenhut Services, Inc., Z-2866560

         File:           B-240994

         Date:           October 15, 1990


         DIGEST

         An unratifiable claim by a private security company for
         reimbursement for temporary, emergency security guard
         services obtained without completion of proper procurement
         procedures may be paid by the United States Marshals Service
         under the principles of quantum meruit.

         DECISION

         The United States Marshals Service asked our Claims Group to
         consider the captioned claim for $111,373.45 under the
         principles of quantum meruit. Since the claim exceeds
         $25,000, Claims Group forwarded the claim to this Office
         consistent with B-112701, June 28, 1954, as amended by
         B-189738-O.M., Sept. 30, 1977. Payment of this claim by the
         Marshals Service is hereby approved as explained below.

         BACKGROUND

         According to the submission, in 1987 the United States
         Marshals Service informally solicited emergency security guard
         services from Wackenhut Services, Inc. (WSI). The need for
         those services arose suddenly after the government gained
         custody of and proceeded to try Carlos Enrique Lehder Rivas on
         drug-related charges. Because Mr. Lehder was believed to be
         highly placed within the Colombian drug cartel, the Marshals
         Service became concerned over the adequacy of existing secur-
         ity at the court offices where his case was to be heard. Con-
         sequently, the Marshals Service informally contacted a number
         of private security companies in order to immediately obtain,
         on a temporary, emergency basis, some additional, experienced,
         security guards.

         The record indicates that, on or about February 5, 1987,
         several private firms (including WSI) were contacted by the
         Marshals Service over the telephone. At first, no firm was
         willing to undertake the task on such short notice--i.e.,
         beginning at 6:00 p.m. that day. During the course of that
         day, WSI resisted several such entreaties from the Marshals
         Service. However, when advised of the importance of the task



                                  _TA5

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