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B-204728 1 (1981-09-29)

handle is hein.gao/gaobadjtx0001 and id is 1 raw text is: THE dOMPTROLLER GENERAL DECISI|O * i*dl,' OF T HE UN ITE STATE S WASHINGTON, D.C 20548 FILE: B-204728 DATE: September 29, 1981 MATTER OF: Abney Construction Company Incorporated DIGEST: 1. Contractor under pre-March 1, 1979, contract has right to have claim, pending as of that date before the contracting officer or initiated thereafter, processed under Contract Disputes Act of 1978 or under disputes clause of contract. 2. Contractor under pre-March 1, 1979, contract has requested GAO review of claim, pending before contracting officer on March 1, 1979, which was finally denied on March 23, 1979. If contractor under facts of record has consciously elected to have claim processed under act rather than under contract's disputes clause, GAO may not consider claim since consideration would afford contractor a forum it would otherwise not have. Alternatively, if contractor has elected to have claim processed under the disputes clause, GAO may still not review claim to the extent a disputed question of fact exists as is involved in the subject claim. Abney Construction Company (Abney) has requested reconsideration of the settlement certificate issued by our Accounting and Financial Management Division, Claims Group, on August 19, 1981, which disallowed its claim for costs related to damage to a transformer which was struck by lightning on September 2, 1977. The disallowance noted that a dispute concerning a question of fact existed as to when the United States assumed control of the transformer under Abney's contract No. N62467-74-C-0562, dated June 23, 1976, with the Department of the Navy. The record shows Abney's claim was finally decided by the Navy's contracting officer by letter of March 23, I

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