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B-198344 1 (1980-08-15)

handle is hein.gao/gaobadimh0001 and id is 1 raw text is: - ~ K>~NTHS COMIPTROLLER QENERAL DECiSION' 0-I~ OF THE UNIT'Eo STATE~S WASHINGTON, D.C. 20548 FILE: DATE: August 15, 1980 B-198344 77-:-- z!r Cyber-Synectics Group, Inc. - Reconsideration DIGEST: Where only evidence before GAO is conflicting statements of agency and claimant, claimant has failed to carry burden of affirmatively proving its allegation and prior decision denying claim is affirmed. Cyber-Synectics Group, Inc. (CSG), has requested reconsideration of our decision in the matter of Cyber-Synectics Group, Inc., B-198344, July 9, 1980, 80-2 CPD , which denied CSG's claim for $64,909.56 for work it performed for the Media Task Force of the President's Commission on the accident at Three Mile Island. Our prior decision found that the members of the Media Task Force who dealt with CSG did not possess contracting authority and, therefore, the only theory upon which CSG could be paid was on a quantum meruit basis. One of the elements necessary for recovery based on auantum meruit is a showing that the Govern- ment received a benefit. While CSG argued that the Task Force utilized.the results of its computer ser- vices, the Task Force submitted statements that the work had to be redone by hand and was of no benefit to the Government. Therefore, CSG's claim was denied. CSG contends, in its request for reconsideration, that our Office failed to consider evidence (copies of the computer-generated reports) which it offered to supply our Office and we accepted the Government's position without considering CSG's statements to the contrary. We decide matters on the written record before our Office and do not, as suggested by the claimant, conduct adversary proceedings or conduct investiga- tions to prove or disprove a party's allegation. ~)UI/ /ti J I MATTER OF:

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