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B-195460 1 (1979-10-18)

handle is hein.gao/gaobadhrj0001 and id is 1 raw text is: /1701 'VL THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES /ASHINGTON, O.C. 20548 FILE:B-195460 DATE:October 18, 1979 MATTER OF: Northwestern Factors, Inc. DIGEST: Government may not set off excess costs assessed under four contracts terminated for default where rights to such costs matured subsequent to valid assignment notices under Assignment of Claims Act. However, excess costs attributable to one other defaulted contract may be set off since right matured prior to receipt of notices. Northwestern Factors, Inc. (Northwestern), appeals the Oenial of a claim by our Claims Division under a contract clause pursuant to .the Assignment of Claims Act of 1940 (act), 31 U.S.C. § 203, 41 U.S.C. § 15 (197-6), which provides in pertinent part, as follows: * * * in the event of any * * * assignment, the assignee thereof shall file written notice of the assign- ment together with a true copy of the instrument of assignment with (a) the contracting officer or the head of his department or agency; (b) the surety or sureties upon the bond or bonds, if any, in connec- tion with such contract; and (c) the disbursing officer, if any, designated in such contract to make payment. * * * * * * * * payments to be made to the assignee of any moneys due or to become due under such contract shall not be subject to reduction or set-off * * *' ~C, E IVE UL f CLr-

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