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B-203638 1 (1981-12-23)

handle is hein.gao/gaobadjyn0001 and id is 1 raw text is: 

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THE COMPTROLUR NRAL
OFi THE UNITED STATE
WASHINGTON 0, 0, 2o0548


FILE: B-203638


DATE; December


23, 1981


MATTER OF; Lloyd X, Smith -Claim Against the FILLBB


DIGEBTi 1.


Federal Home Loan Dank Board (FflLE%) has
no statutory authority to Elue and be
sued, and thus, except under limited
statutory authority for matters related
to acquisition and maintenance of its
headquarters building, does not have
claims settlemeift i uthority independent
of that provided the General Accounting
Office by 31 U,S,C. 5 71 to settle and
adjust all clairs by and iagainst the
Government, Accordingly, authority to
settle claim against FHL2B on quantum
reruit grounds for compensation and
expenses related to consulting services
provided FtILBB rests with this Office,
See statutes and Comptroller General
decisicns cited.


            2. Claim against FILBB for compensation and
                expenses related to consulting services
                provided to FHLeB is disallowed as doubt-
                ful claim because, based on the particular
                facts of case, it is impossible under a
                quantum ireruit theory to determine whether
                the Government received any benefit.
Introduction

     qie General Counsel of the Federal Home Loan Bank Board (PdiLBB)
requests an advance decision concerning the claim of Mr. Lloyd X.
Smith. Mro Smith claims compensation and expenses for consulting ser-
vices he provided to the FHLEB without a formal contract, Initially,
the FILUB asks whether the Bank Board or GAO has Eettlement authority
in this case. Based on our finding that settlement authority rests
with this Office, we have proceeded to consider the merits of
Mr. Smith's claim against the FHLBB. It is our conclusion that due to
the impossibility of accurately determining the value, if any, of
Mr. Smith's services to the Bank Board, no proper basis for payment
has been established.


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