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B-192541 1 (1978-09-05)

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                 U   'S
DflCISION     .        .
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THE  COMPTROLLER GENERAL.
OF  THE UNITED STATE
WASHINGTON, P.C. 20540
                              -a3


FILE:  B-192541
MATTER   OF: L. G. Black


DATE:


Septeirber 5, 1978


- E.Cc.


DIGEST:
     1.  Where there is dispute between  claimant
         and administrative agency  inv61ving
         question of fact and conflicting
         statementt of claimant  and administra-
         tive agency constitute only available
         evidence, claimant has  not met burden
         of affirmatively proving case.

     2.  Government is bound  by acts of agents
         or employees only when  they act within
         scope of desighated  authority and,
         therefore, Government  is not liable
         for work performed,  as alleged by,
         claimant, at request of persons who
         did not possess contracting  authority.


     L. G. Black - E.C.C.  (Black) has filed an appeal
to a settlement issued by our Claims Division  (7-2786816)
on June 15, 1978, relating to numerous invoices submitted
by Black for carpet-cleaning services performed  for
various Federal agencies.

     Invoice 7C352, dated February 22, 1977, was  for
carpet-cleaning .ervices performed at Walter Reed Medical
Center on February 12, 1977, and  the only charge not paid
on the invoice is $96 fur downtime of  the cleaning crew.
This amount was charged because Black's 6-man crew had
to wait 2 hours before gaining admission  to the build-
ing where the work was to be performed.  The contracting
officer disallowed this charge as the crew was  to report
between 10 and 10:30 a.m. to obtain the keys and an escort
to the building, but did not arrive until 1:15 p.m.   Black
disputes this by stating it was not given a set time  to
arrive.  Where, as here, conflicting statements of  the
claimant and the administrative agency constitute  the


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