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B-198575 1 (1981-08-11)

handle is hein.gao/gaobadjqd0001 and id is 1 raw text is: DECISION FILE: B-198575 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: August 11, 1981 MATTER OF: Earle W. Cook - Compensation for Services Prior to Appointment DIGEST: 1. Former Energy Research and Development Administration consultant who performed services for Department of Energy at re- quest of agency officials before appoint- ment was renewed may be compensated for reasonable value of services since he served as a de facto employee performing duties in good faith under color of authority. 2. Although Federal Travel Regulations permit agencies to prescribe per diem allowance under certain conditions for travel to high-rate geographical areas, DOE consultant is entitled only to actual expense reimbursement rather than per diem reimbursement for travel when orders do not authorize per diem. 3. Consultant is entitled to subsistence reimbursement even on days when he was in travel status for 10 hours or less to high-rate geographical area (HRGA) since travel was performed prior to issuance of 58 Comp. Gen. 810 (1979), which held that 10-hour rule applied to HRGA. In Nicholas M. Veneziano, B-194197, December 24, 1980, this rule was held to apply prospectively only. This decision is in response to a request from the former Director of the Office of Finance and Accounting, De- partment of Energy (DOE), for our determination concerning Mr. Earle W. Cook's entitlement to compensation for con- sulting services he performed prior to his appointment on December 12, 1977. Also at issue is Mr. Cook's entitlement to reimbursement for travel expenses he incurred in con- nection with his consulting services. Mr. Cook served as an intermittent consultant for the Energy Research and Development Administration (ERDA) under an appointment, dated November 23, 1976, covering the period from October 1, 1976, to September 30, 1977. On October 1, 1977, ,A&07

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