B-167810, SEP 15, 1969

B-167810: Sep 15, 1969

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INFORMATION WHICH ADMINISTRATIVE AGENCY WAS FURNISHED VOLUNTARILY AND WITHOUT SOLICITATION MUST BE REGARDED AS A VOLUNTARY SERVICE FOR WHICH A FEE IS NOT PAYABLE. WE HAVE GIVEN FURTHER CONSIDERATION TO YOUR CLAIM IN THE AMOUNT OF $242 FOR PROFESSIONAL SERVICES TO THE NATIONAL AIR POLLUTION CONTROL ADMINISTRATION. ALTHOUGH YOU SAY THAT THE INFORMATION WHICH YOU PRESENTED TO THE AIR POLLUTION CONTROL ADMINISTRATION WAS INTENDED TO BE FURNISHED FOR A FEE. THE ADMINISTRATIVE REPORT WE HAVE RECEIVED FROM THIS AGENCY STATES THAT THE INFORMATION YOU GAVE WAS UNSOLICITED AND VOLUNTARILY PROVIDED BY YOU. THERE IS NO LEGAL BASIS UPON WHICH WE CAN AWARD THE CLAIM. WE REGRET ANY MISUNDERSTANDING YOU MAY HAVE HAD IN CONNECTION WITH YOUR LEGAL ENTITLEMENT OT PAYMENT.

B-167810, SEP 15, 1969

MISCELLANEOUS - VOLUNTARY SERVICES DECISION TO SVANHOLM RESEARCH LABORATORIES SUSTAINING DISALLOWANCE OF CLAIM FOR PROFESSIONAL SERVICES TO NATIONAL AIR POLLUTION CONTROL ADMINISTRATION. INFORMATION WHICH ADMINISTRATIVE AGENCY WAS FURNISHED VOLUNTARILY AND WITHOUT SOLICITATION MUST BE REGARDED AS A VOLUNTARY SERVICE FOR WHICH A FEE IS NOT PAYABLE. THEREFORE IN ABSENCE OF A SHOWING TO THE CONTRARY THE ADMINISTRATIVE REPORT MUST BE ACCEPTED.

AT YOUR REQUEST OF AUGUST 22, 1969, WE HAVE GIVEN FURTHER CONSIDERATION TO YOUR CLAIM IN THE AMOUNT OF $242 FOR PROFESSIONAL SERVICES TO THE NATIONAL AIR POLLUTION CONTROL ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE.

ALTHOUGH YOU SAY THAT THE INFORMATION WHICH YOU PRESENTED TO THE AIR POLLUTION CONTROL ADMINISTRATION WAS INTENDED TO BE FURNISHED FOR A FEE, THE ADMINISTRATIVE REPORT WE HAVE RECEIVED FROM THIS AGENCY STATES THAT THE INFORMATION YOU GAVE WAS UNSOLICITED AND VOLUNTARILY PROVIDED BY YOU. THIS RAISES A DISPUTE OVER A QUESTION OF FACT. IN SUCH CASES IT HAS LONG BEEN THE RULE OF THE ACCOUNTING OFFICES OF THE GOVERNMENT TO ACCEPT THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF A CLEAR SHOWING TO THE CONTRARY. 37 COMP. GEN. 568; ID. 696; 46 ID. 740. HENCE, WE MUST ACCEPT THE ADMINISTRATIVE REPORT AND CONCLUDE WITHOUT FURTHER ACTION THAT YOU FURNISHED THE SERVICES VOLUNTARILY.

AS INDICATED IN THE LETTER TO YOU OF AUGUST 21, 1969, FROM OUR CLAIMS DIVISION, THERE IS NO LEGAL BASIS UPON WHICH WE CAN AWARD THE CLAIM, AND IT AGAIN MUST BE DISALLOWED. WE REGRET ANY MISUNDERSTANDING YOU MAY HAVE HAD IN CONNECTION WITH YOUR LEGAL ENTITLEMENT OT PAYMENT.