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B-200440 1 (1986-04-09)

handle is hein.gao/gaobadmgt0001 and id is 1 raw text is: ~. ~


OECIUON



FILE: B-200440

MATTER OF:


DIGEST:


THE COMPTROLLER GENNAL
OP THE UNITEO 8TATE8
WASHINGTON. 0.C. 20548



      DATE: April 9, 1986


Chan Sambo


Denial of a claim for work allegedly performed
for the American Embassy prior to the fall of
Phnom Penh, Cambodia, is reaffirmed. A claim for
services allegedly provided under contract to the
Government may not be paid where no Government
records exist relating to the claim and the
claimant has not met the burden of proof as to
the existence and nonpayment of a valid claim
against the Government. Even if sufficient proof
were submitted establishing the existence of a
contract, the value of any judgment recovery
could only be based on the value of the Cambodian
riel at the time of judgment.


     By letter dated February 13, 1986, Mr. Chan Sambo (Chan)
has asked that we reconsider our decision, B-200440,
October 16, 1980. Our earlier decision resulted from Chan's
appeal of a settlement certificate issued by our Claims Divi-
sion on April 30, 1980. For the reasons indicated below, we
must again deny Chan's claim.

     Chan indicates that he performed work under contract with
the United States Embassy in Phnom Penh, Cambodia (Khmer
Republic) during the months preceding the Khmer Rouge takeover
of April 17, 1975. He states that although he had to destroy
the contract and related purchase orders when the Communists
took over, he maintained notes, legible only to himself, from
which he recreated invoices. In our earlier decision we held
that the invoices submitted were insufficient to establish a
claim against the United States.

     In requesting our reconsideration Chan has now sent us
correspondence between himself and the governments of
Australia and Germany which indicate that those governments
agreed to pay Chan for services performed under similar cir-
cumstances. He also lists the names of several individuals he
asserts were associated with the United States Embassy in
Phnom Penh, asking that we verify the legitimacy of his claim
with those individuals.


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