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B-245433 1 (1991-12-26)

handle is hein.gao/gaobadnzm0001 and id is 1 raw text is: m t. Comptroller General of the United States Washington, DO, 20518 Decision Matter of: File: Date: Drug Enforcement Administration--Claim Payment--Quantum Valebant for B-245433 December 26, 1991 DIGEST Drug Enforcement Administration (DEA) may pay for, on a quantum valebant basis, a computer software package that it acquired without entering into a contract, However, DEA may not pay for three software packages that were developed for the agency but never accepted. DECISION This responds to a request from the Chief Counsel, Drug Enforcement Administration (DEA), concerning a corporation's claim of $55,725, plus interest, for providing DEA with one computer software package and developing three others for the agency, For the reasons stated below, we conclude that DEA may pay the claimant, on a quantum valebant basis, for the software package that the agency accepted, but may not pay for the three software packages that it declined to accept. Interest is not recoverable under quantum valebant. BACKGROUND In June 1988, a DEA employee and the president of Computer Consultants International, Inc. (CCI) discussed the possibility of CCI developing software packages for four o DEA's crime prevention programs. Subsequently, the president of CCI met with other DEA employees and, after t1 discussions, proceeded to develop the software packages, f he None of the DEA employees involved in the discussions were contracting officers nor did they hold themselves out to be contracting officers. Although the parties appear to have discussed the possibility of entering into a contract for the software packages, they did not do so. Regardless, CCI developed the software solely on the basis of its discussions with the various DEA employees. On September 6, 1988, CCI delivered the first of the four software packages, the Drug Deterrence System, to DEA. The agency accepted the software and CCI installed the system and trained DEA personnel in its use. Shortly thereafter,

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