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B-178981 1 (1973-09-25)

handle is hein.gao/gaobaadgp0001 and id is 1 raw text is: 0it. , U CO14PTROLLIER GENERAL OF THE UtlITED STATES WA-SHINGTON, D.C. 2041 . I 0-179291 september 24, 1973 Mrs g. . Bordlay Chief, Accounting and Finance Dy.vialon Office of the Coiptroller Defeno Supply Agency Dear 1k. Bordloy: In letter of July 24, 1973 (DS0-C1F'), you requested an advanco decision as to whether the amount of,098,92015 deternined to be the extent of Walsh-Ilealey At4, 41 US.C9 35,ot e,,, oa e underpayocrnts under ftvo proviously settled coutracvs vith the Airport Hacinina Corporation, J.artin, Teruleace, mny be recovered by set-off aqinst current contracts with the contractor containing l1alsh-lealey proviniozw In view of the no sot-off proviuion o the Asaignoiit of Claims Act, 41 U.S.C, V5 and 31 U.S.C. 203, in the current contracts, Ordinarily, the waount due the Uuited tntee for a Walnh-UTealey violation wider one contract ay be withheld from the amount duo the contractor under anothnr Waloh-lleoloy contract, 41 U.S.C. 30 5nd Reoody-lir- Cnrete99iC0n U v, United ttea, 130 V. $upp. 1qQ (1955). lhowever, gwheore the contract ainot-whicIh-this withholdinq iu proposed to be made has boon assigned and contains a no sat-off proviw.on the result is different, The no et-off provicion of the Aeafltammt of Claims Act Any contract of the Departmcn: of Defenne * f * nay, in tio of war or nationa.atl ce.goncy proclaimed by the Presidont * * A provide * * t that paymcnts to be node to the aesignea of any nwneye due or to becrnu due mder such contract ahnli not: be subject to reduction or set-off, and if such provicdon or one to the sene Coneal effect has boena t any tima herotoforo or to horoafter included or imisorted in any such contract, paymants to be revJi thereafteor to an ausignee of any monoye due or to baorma due under ouch contract, whthar durin2 or ofker ouch war or .oroncy. shall not be subject to reductioa or set-off for any liability of any natur of thu asoignur to the United States or iny departneut or ajency thereof which arises indepiidently of such contraot * * *, \,X ( )' %I r ( ' /'/ / | states? Kr' Ro's 9 S * ~ - .7 ol 143 0. . .

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