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B-201451 1 (1981-09-04)

handle is hein.gao/gaobadjsi0001 and id is 1 raw text is: '. THE COMPTROLLER GENERAL DECiSION .Q'!/',. OF THE UNITED STATES W A S HI N G T O N, 0. C. 20548 FILE: B-201451 DATE: September 4, 1981 MATTER OF: Payment of Proceeds under Magna Cool Corporation Contracts DIGEST: 1. GAO concludes that claimant, as alleged assignee of contractor, has not presented sufficient evidence to establish entitle- ment to proceeds of two contracts because (1) contracts could not be legally trans- ferred to assignee, (2) evidence does not indicate valid assignment of the contracts' proceeds, and (3) in the circumstances, requirements of Assignment of Claims Act should not be waived. 2. GAO concludes that the contractor's actions give rise to substantial doubt concerning its entitlement to proceeds of two contracts. Accordingly, GAO recommends that payment be withheld pending agreement of the parties or judgment of a court of competent jurisdiction. The Associate Deputy Assistant for Pay, Travel and Disbursing Systems, Navy Accounting and Finance Center, a disbursing officer, requests our decision on the propriety of payment of the claim of Southern Equipment, Inc. (Southern), in the amount of $24,287.13, representing the unpaid balance under two Navy contracts. Southern contends that it is entitled to the money as the assignee of the proceeds of the two Navy contracts with Magna Cool Corporation (Magna Cool). Magna Cool contends that it is entitled to the money because the proceeds of one contract were not assigned to Southern and, under the other contract, only the proceeds for the first year of the contract, which are not involved here, were assigned to Southern. We conclude that Southern has not sufficiently established its entitlement to the unpaid balance and that there is enough doubt concerning Magna Cool's I .

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