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B-270801 1 (1996-03-19)

handle is hein.gao/gaocrptaebc0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision




Matter of: Request for Advance Decision from Defense Finance
            and Accounting Service

File:       B-270801

Date:       March 19, 1996

DIGEST

1. Where assignment was properly executed and notice given in accordance with
statutory requirements, the assignee is entitled to payment. Obligor (United States
in this case) who had notice of valid assignment and, nevertheless, paid assignor is
liable to the assignee for the amount of erroneous payment.

2. A disbursing officer who, pursuant to an invoice approved by the contracting
officer, made erroneous payment to a contractor may be relieved of financial
responsibility because the loss did not occur as result of bad faith or lack of due
care on the officer's part.

DECISION

The Defense Finance and Accounting Service, Cleveland Center/New Orleans (New
Orleans office), requests an advance decision in connection with an erroneous
payment of contract funds to a contractor, Nantucket Renovations, which had
assigned those funds to the Boston Financial Corporation pursuant to the
Assignment of Claims Act of 1940, as amended, 31 U.S.C. § 3727; 41 U.S.C. § 15.

On January 4, 1995, the New Orleans office bill payment branch received a voucher
in the total amount of $31,755, for exterior repairs performed on hangars at South
Weymouth, Massachusetts, Naval Air Station, by Nantucket Renovations under
Contract #N62472-93-C-8768. The South Weymouth Naval Air Station certified the
voucher for payment. The New Orleans office made payment to the payee shown in
the contract document, Nantucket Renovations, by check number 8357-01181074,
dated January 20, 1995, for $31,769.31.1



'There is no indication in the documents provided why the amount certified differs
from the amount of the check.


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