Request Concerning Compensation for Consulting Services

GAO responded to a request from the Department of Energy (DOE) concerning a consultant's entitlement to compensation for services performed, and travel expenses incurred prior to his actual appointment with DOE. The consultant served as an intermittent advisor for the Energy and Research Development Administration (ERDA) and, at the end of his term, a request for renewal of the consultant's appointment was submitted to the Personnel Division. Due to a paperwork mistake, the renewal appointment was not made effective until approximately 2 months later. However, the consultant had continued to provide services at the request of ERDA officials during this time. GAO held that the consultant was entitled to compensation for services performed since he served as a de facto employee peforming duties in good faith under color of authority. As to the matter of travel expenses, GAO ruled that the consultant was entitled to reimbursement only for those items of expense which were itemized in accordance with Federal regulations.