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B-205165 1 (1982-03-08)

handle is hein.gao/gaobadkdd0001 and id is 1 raw text is: 1TH19 COMPTROLLE11R SIIEFAL DECI5ION OF THU UN1Tr 3BTATSB WASHINGTONo 0.,054,. FILE: B-205165 DATE: March 8, 19b2 MATTER OF: Bob Bates - Request for relief under Meritorious Claims Act DIGEST; Reporting claim to Congress Iuhder Meritorious Claims Act,, 31 U.S,C, s 236, for relief of subcontractor who was not paid by contractor and who could not recover under Miller Act bond since- con- tracting officer had failed to'require bond is not justified where the- claim does not involve equitable circumstances of an unusual nature and which are un- likely to constitute recurring problem. By letter of January 20, 1982, counsel for Bob Bates refers to our decision in; B-205165, January 8, 1982, 82-1 CPD , which disallowed the claim by Bates for costs-incurred as a subcontraqtor on contract No.. l4-16-O002-79-2O9, and requests relief under the Meritorious Claims Act, 31 U.S.C. S 236 (1976). Threcord indicates that the above ontat for constrUction ,work at 'the Optima National Wildlife Refuge, in oklahoma, was awarded by the United States Fish and Wildlife Service to Tribal Construction-Inc. (Tribal) on September 14, 1981 (our decision of January 8, 1982, mistakenly states that award wap made--t2in August of 1981), antthat Tribal entered into a subcontract with Bates . for the performance of a portion of the c6ntract. Tribal failed to pay Bates for the work performed. Bates was 4' unable to collect from Tribal, even though he had obtained Sa judgment against Tribal in a local State courto Bates was Unable to recover Under a payment bond, which is required under the Miller Act, 40 U.S.C. S 270(a)(2) (1976), since the contracting officer had failed to require Tribal to furnish the bond. Bates subsequently i filed a tort claim with the Fish and Wildlife Service under the Federal Tort Claims Act, but was denied relief. i I, It! F. r'

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