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B-195629 1 (1979-09-07)

handle is hein.gao/gaobadhor0001 and id is 1 raw text is: o pTHE COMPTROLLER GENERAL DECISION * ' OF THE UNITED STATES WASHINGTON, D. C. 2o4s VN ITi.D FILE: B-195629 DATE: September 7, 1979 MATTER OF:The Office of S. Thomas ShumateX/ AIA Architect )4Coe,t DIGEST: Blanket assignment to bank of accounts receivable, which predates by more than 3 years Government contract under which proceeds are now available for-payment, may not be recognized as valid assignment pursuant to Assignment of Claims Act. However, if assignee is able to provide any evidence to substantiate assignment's validity, assignee may be paid so long as Government is indemnified. The Finance and Accounting Officer of the 4 Department of the Army, Savannah District, Corps of Engineers (Corps), s requested an a aaE decision regarding the propriety of payment to the North Carolina Natidhal BankJ(NCNB), Raleigh, North Carolina, of the remaining balance due under contract DACA21-77-C-0031 awarded to the Office of S. Thomas Shumate, Jr., AIA Architect (Shumate), on November 23, 1976. We have been informally advised by the Corps that the contract for archi- tectural services was completed on December 28, 1978. The Corps is uncertain as to the proper payee because of a claim by NCNB that it should be the payee by virtue of an agreement in which Shumate allegedly assigned the prcceeds from any accounts receivable to NCNB. By letter of May 1, 1979, counsel for NCNB asserted its claim to any payment due Shumate by the Corps by notifying the Corps' legal counsel that NCNB had a loan outstanding to Mr. Shumate secured by his accounts receivable. As evidence of this assignment, counsel submitted a Security Agreement (Accounts Receivable Revolving Credit), dated January 24, 1973, in which Shumate agreed to

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