Propriety of Paying for Court Reporting Services

ACTION requested a GAO decision regarding the propriety of paying for court reporting services performed by a court reporter at meetings. The services were requested and transcripts were received and properly billed. However, proper procurement procedures were not followed. As a result of administrative oversight, no procurement request was initiated by the office using the services which would have resulted in the execution of a valid purchase order. The contracting officer refused to ratify the unauthorized procurement stating that ratification would be inappropriate because this type of contract requires reasonable competition prior to award. In appropriate circumstances payment may be made for services rendered on a quantum meruit basis, if it is shown that the Government received a benefit and the authorized action had been expressly or impliedly ratified by the authorized contracting official. The fact that ratification of the contract award was impermissible due to legal improprieties in the procurement was not a bar to quantum meruit relief. The payment on a quantum meruit basis may be allowed, if otherwise proper and correct.