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B-200603 1 (1980-11-04)

handle is hein.gao/gaobadiqz0001 and id is 1 raw text is: v THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-200603 DATE: November 4, 1980 MATTER OF: National Aeronautics and Space !/ /e I4,,.1 Administration--Advance Decision, DIGEST: Assignment of Claims At Assignment to partnership of accounts receivable from United States may not be recognized as valid assignment pursuant to Assignment of Claims Act, wheretpartnership's primary purpose is obtaining Government contracts for ADP equipment, since partnership is not financing institution within meaning of Act. The National Aeronautics and Space Administration (NASA) requests an advance decision concerning the proper payee under contract No. NAS5-25927 with U.S. Financial Services, Inc. (Financial). Two parties claim the payment--both by virtue of assignments from Financial. The first assignment, dated February 12, 1980, is t6 Marilyn M. Poling, Donald L. Poling, and John D. Williams III (Partnership). Mr. Williams is the president of Financial. The second assignment, dated May 5, 1980, is to the National Savings and Trust Company (Bank). NASA believes that the first assignment is invalid, since, in its view, the Partnership is not a financing institution within the meaning of the Assignment of Claims Act of 1940, as amended, 31 U.S.C. § 203 (1976) and 41 U.S.C. § 15 (1976) (Act). NASA therefore be- lieves that it is appropriate for it to continue making contract payments to the Bank. NASA inadvertently over- looked the first assignment and has made one payment to the Bank of $59,000. The Act constitutes a broad prohibition against the assignment of claims against the United States to third parties.) One purpose of the prohibition is the maintenance of the Government's defenses against

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