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![handle is hein.gao/gaobadfby0001 and id is 1 raw text is:
DCCUMENT RESUME
03631 - [A2653850]
[Appeal by subcontractor of Claims settlement involving
Overpayments by Governiant]. H-182105. September 21, 1977. 11
pp. + enclosure (1 pp.,.
Decision re: Artech Corp.; by Robert F. Keller, Acting
Comptroller General.
Issue Area: Federal Procurement of Goods and Services (190).
Contact: Office of the General Counsel; Procurement Law II.
Budget Function: General Government: Other General Government
(806).
Organizaticv Ccncerned: Educational Learning Systems, Inc.;
General Services Administration.
Authority: 4 C.P.i. 102.3. 21 Coap. Gen. 682. Merritt v. United
States, 267 D.S. 338 (1925). Kern-Limerick v. Scurlockv 347
U.S. 110 (1954). Deltec Corp. v. United states, 326 F.2d
1004 (Ct. Cl. 1964). United States *. Huff, 165 F.2d 720
(5th Cir. 19118). Maneely v. United States, 68 Ct. Cl. 623
(1929).
In an appeal of a claims settlement, a subcontractor
disagreed with1 the legal theory that it was liable to the
Government for overcharges under the prime contract. The privity
of contract doctrine did not bar a claim by the Government for
overpayments if the subcontractor billed and-received
substantially all of the contract payments. The anount of claim
asserted by the agency for recovery of overpaymets was based on
a statistical sampling of 5.6% of the orders rather than on an
audit of each contract order; the claim was not certain and the
matter was referred to the Department of Justice. (Author/HTE)](ViewImageLocal?handle=hein.gao/gaobadfby0001&div=1&collection=&method=preview&ext=.png&size=3)