Compensation to Claimant Who Served as De Facto Employee

A consultant claimed compensation for personal services rendered to the Army Corps of Engineers. Initially the claimant was to enter into a contractual agreement as a consultant, but began work before the procurement procedures were completed because his services were immediately needed. The claimant was hired as a temporary employee rather than as a consultant, but was later asked to vacate the position in order to eliminate any possible prejudice to impartially filling the position by competitive recruitment. The claimant was, in fact, a de facto employee and performed his duties with apparent right and under color of authority. Because the claimant served as a de facto employee, in good faith with no intention of fraud, it is proper to compensate him for the reasonable value of the services performed at the basic rate of compensation set for the position in which he served.