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I h I
DOCUMENT RESUME
03031 - [A2163274]
[Priority to Funds Withheld under Six separate Contracts].
B-189137. August 1, 1977. 7 pp. * 2 enclosures (2 po.)..
Decision re: A. C. & E. Service 6 Support Co., Inc.; by Robert
F. Keller, Deputy Ccmptroller General.
Issue Area: Federal Procurement of Goods and Services (1900 .
Contact: Office of the General Counsel: Procurement Law I.
Budget Function: National DL.fense: Department of Defense -
Procurement & Contracts (058).
Organizaticn CoLcerned: Department of the Air force; Travelers
Indemnity Co.
Authority; Service Contract Act (41 U.S.C. 351-356). Miller Act
(40 U.S.C. 270a-e). Davis-Bacon Act (40 U.S.C. 276a). (P.L.
89-719; 80 Stat. 1125). B-174488 (1971). B-169264 (1971).
B-175222 (1973). B-178198 (1973). E-161460 (1967). B-170784
(1971) . 55 Comp. Gen. 744. United States v. Munsey Trust
Co., Receiver, 332 U.S. 234 (1947). Wheeler v. United
states, 340 F.2d 119 (1965). United States v. Phoenix
Indemnity Company, 231 ?.2d 573 (1956). United States v.
Seaboard Engineering Corp., 1?5 F. Supp. 918 (1954).
The Acting Assistant Secretary of the Air Force,
Financial Management, requested & decision regarding priority to
funds withheld under six separate contracts between a contractor
and the Air Force. The Internal Revenue Service's claim for
unpaid taxes and the Air Force's claim for reprocurement costs
have priority over strety's claim for moneys spent to pay the
withholding taxes for the contractor's employees. Claims by the
workers who were underpaid are given priority over the Air
Force's claims for reprocurement cost at the request of the Air
Force. Contracts for services covered by the Service Contract
Act are not subject to the Miller Act. (Author/SC)
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