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B-195351 1 (1980-01-21)

handle is hein.gao/gaobabjqw0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-195351 January 21, 1980 2\2 The Honorable A. Vernon Weaver Administrator, Small Business Administration Dear Mr. Weaver: This is our decision on theLslaim of the Security Bank & Trust Company, Lawton, Oklahoma (--k-1Jagainst ' M3 thfemall, Bsiness Administration7 mSBA) arising from an 8(a) contract arrangement irrolving Bluford Ser- vice Company (Bluford) for food services at Fort Sill, Oklahoma. The factual basis for the decision was provided by documented reports from the SBA and the Department of the Army, and we have considered the positions of all parties. We conclude that the Government is not liable to the Bank. K I. Factual Summary Under the provisions of section 8(a) of the Small Business Act, the SBA entered into prime contract No. DABT39-76-C-3164, dated September 20, 1976, with the Army. The SBA subcontracted the performance of this 1-year contract to provide cooks and dining facility attendants at Fort Sill by entering into subcontract No. SB6328(a) 77C-700, dated October 1, 1976, with Bluford. Based upon a valid assignment of contract proceeds, the Bank granted a line of credit to Bluford in the - amount of $80,000 to be repaid from the bimonthly contract payments each of which exceeded $80,000. The assignment authorized and directed that contract pay- ments be made directly to the Bank. Originally, the \b prime contract covered the period from October 1, 1976, through September 30, 1977, but the contract V _ period was extended by contract modifications through September 30, 1978. A February 25, 1978, modifica- tion provided that the contract could be terminated

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