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B-212529 1 (1987-06-08)

handle is hein.gao/gaobadmtb0001 and id is 1 raw text is: 


          The Comptroller General
          of the United States
          Washington, D.C. 20548
ODecision




          Matterof: Reconsideration of B-212529, May 31, 1984

          File:   B-212529

          Date:    June 8, 1987



          DIGEST

          On reconsideration, decision in B-212529, May 31, 1984, is
            affirmed. The Nuclear Regulatory Commission (NRC) may not
            reimburse the Institute of Electrical and Electronic
            Engineers (IEEE) for expenses the IEEE incurred in preparing
            to carry out a laboratory accreditation program which the
            NRC later abandoned before performance was completed. The
            doctrine of quantum meruit is inapplicable because the
            Government did not receive a benefit from the activities of
            IEEE.


            DECISION

            This decision is in response to a request from Nunzio J.
            Palladino, Chairman of the Nuclear Regulatory Commission
            (NRC), for reconsideration of our decision B-212529, May 31,
            1984, in which we concluded that the NRC had no authority to
            reimburse the Institute of Electrical and Electronic
            Engineers (IEEE) for expenses the IEEE incurred in preparing
            to carry out an agreement with the NRC which the NRC later
            failed to implement. We have considered carefully the
            information in Chairman Palladino's request, as well as
            material submitted by the IEEE. Nonetheless, we affirm our
            original decision.


            BACKGROUND

            The facts of this case are set out fully in our earlier
            decision, and, accordingly, we will not repeat them in
            detail here. Briefly, in 1977, the NRC considered revising
            its qualification standards for nuclear power plant equip-
            ment. To that end, the NRC asked the IEEE in August 1980 to
            develop standards for accreditation of laboratories which
            would test such equipment. The NRC and the IEEE executed a
            written agreement, effective September 30, 1981, under which
            the IEEE agreed to be responsible for establishing and
            conducting the laboratory accreditation program. The NRC

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