Request for Reconsideration

A firm requested reconsideration of the denial of its claim for compensation for work it performed for the Media Task Force of the President's Commission on the Accident at Three Mile Island. In that decision, it was found that the protester could only be paid on a quantum meruit basis, because the Commission had no authority to contract. A necessary element for recovery based on quantum meruit is a showing that the Government received a benefit. The Task Force stated that the work had to be redone and was of no benefit to the Government. Therefore, the claim was denied. The protester contended that GAO failed to consider copies of the computer-generated reports as evidence of the work it performed and only accepted the Government's position. It was held that where there is an irreconcilable conflict between the agency's and the claimant's positions and the only evidence before GAO consists of these contradictory assertions, the claimant has failed to carry the burden of affirmatively proving its allegation. Therefore, the prior decision was affirmed.