[Claim for Payment for Duplicate Shipment of Videotapes]

A firm submitted a claim for its distributor's alleged erroneous duplicate shipment of 26 videotapes. GAO noted that: (1) the claimant contracted with the Defense General Supply Center (DGSC) to supply, in two separate shipments of 13 each, one set of 26 videotapes; (2) the contract was modified to change the destination point and, as a result, the claimant's distributor shipped two full sets of 26 videotapes; and (3) the claimant refused to pay for the second set of videotapes and requested a disbursement for the full purchase price from DGSC. GAO found that: (1) there was no contract for the shipment of a second set of videotapes; (2) payment can be allowed on a quantum meruit/quantum valebant basis only if the government received and accepted a benefit; (3) there was no degree of certainty that the government in fact received a second full set of videotapes, let alone used them; (4) there was no record of receipt at the specified destination; and (5) since the claimant failed to establish receipt, acceptance, or use of the tapes, any benefit to the government was purely speculative. Accordingly, the claim was denied.