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B-204615 1 (1981-12-09)

handle is hein.gao/gaobadjxo0001 and id is 1 raw text is: 9 . - - - A 1'7~. 2/ 70 sia. v-, ZA4 / - -~ a~sv - -. -' si 79tS2~ DECISION T 0H COMPTRCLEF!31ENERAL CF- THE UN TEE STATEB WABHINGTON, 0.(3, 0548 B-204615 DATE: Decamber 9, 1981' MATTER OF: Department of Energy -- Request for Decision DIGEST; Contracting officer forwarded assignee's claim to GAO for resolution because he concluded that he lacked jurisdiction to resolve it. Claimant then appealed that decision to the agency's board of contract appeals, but nevertheless requeste'd and received suspension of board proceedings pending GAO decision, reserving the right to pursue the appeal if GAO denies the claim. GAO, however, will not consider the claim unless the board first affirms the contrac- ting officer's conclusion, since otherwise the claimant inappropriately would have two chances at a favorable administrative reso- lution. A contracting officer in the Department of En (DOE) requests a decision regarding a claim for $I submitted to him by G.B.L. Services, Inc. (GBL). amount represents the proceeds of DOE contract No. DE-AC01-80AD65625 received by Mail America, the co tractor, but claimed by GBL as assignee to the ton under the Assignment of Claims Act, 31 U.S.C. S 20 (1976). iergy L14 187 ph a I- )n- itract '3 We will not consider the matter6 GBL submitted its claim to the DOE on March 30, 1981, under the provisions of the Contract Disputes Act of 1978, 41 UgSgCo S 601 et s.q. (Supp. 1I 1979). The contracttng officer, however, concluded that he lacked the authority to decide the claim under the Contract Disputes Act. The reason for his conclusion was that the claims over which a contracting officer has jurisdiction under the statute are those brought by a party to a government contract, 41 U.S.C. 55 601(4), 605, and in his view GBL, as an assignee, does not come within that definition. Therefore, the contracting officer forwarded GBL's claim to this Office for resolution under Jl U.S.C. S 71 (1976), which authorizes the General Accounting Office (GAO) to settle and adjust claims against the Federal Government. U * V - '~ '*-**~*-.-.n,.,-*--* *~ 4., t I I, FILE$ .1

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