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B-186368 1 (1976-05-18)

handle is hein.gao/gaobaddmv0001 and id is 1 raw text is: 




                             THE  C  IMPTROLLER GENERAL
DECISION                   . OF   THE    UNITED      STATES
                             WASHINGTON. D.C. 20548
                    t -ITLO


FILE:    B-186368                  DATE; May 18,   19'6   qI   q33

MATTER OF: Victor H. Van Sant - Wages allegedly due
                from General Services Administration

DIGEST:

      Employee hired by Government contractor, with
      approval of GSA, to provide construction supervision
      services for GSA on construction project does not
      have legal claim against GSA for wages allegedly due
      for first day of work, even though GSA instructed
      employee to report to work on that date, since there
      is no privity or contractual relationship on which
      to base.claim as employee did .not work for GSA.


      Mr. Victor H. Van Sant requests reconsideration of the
 denial of his claim by our Claims Division's Settlement
 Certificate No. Z-5813, dated March 30, 1976.

      The Settlement Certificate disallowed Mr. Van Sant's claim
 for additional compensation allegedly due from the General Services
 Administration (GSA) incident to his employment with Irving Bowman
 and Associates (IBA) on a GSA construction project in Elkins,
 West Virginia.

      The record indicates that pursuant to the construction
 supervision provisions of a contract between GSA and IBA,
 Mr. Van Sant was, with the approval of GSA, hired by IBA to
 provide construction supervision services for GSA on the Elkins
 project.  Mr. Van Sant's appointment was effective July 15, 1975,
 and he was instructed by GSA to report on this date. The record
 indicates that Mr. Van Sant did report to work on July 15, 1975.
 According to Mr. Van Sant he worked a total of 11 hours that
 day for which he was not paid. He claims GSA owes him additional
 compensation for this work.

      The evidence of record does establish that GSA did request
 Mr. Van Sant to report to work on July 15, 1975, and while
 Mr. Van Sant was employed on the project he worked under the
 general supervision of GSA's Construction Engineer. However,


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