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B-173348 1 (1979-02-27)

handle is hein.gao/gaobadgyr0001 and id is 1 raw text is: DECISION FILE: B-173348 , Lt THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 * ~.. ..~71 Y 0 DATE: February 27, 1979 MATTER OF: Baker and Ford Co. DIGEST: 1. The term claim contemplates in general usage a demand for payment or relief. 2. Language in 31 U.S.C. 71a refers to every claim or demand and includes an original claim for money not received. 3. Contractor could have executed conditional release specifically excepting unresolved tax dispute under terms of the contract and it would have been paid its remaining balance due. 4. GAO is precluded by provisions of 28 U.S.C. 2517(b) (1976), and 28 U.S.C. 2519 (1976) from considering claim where final judgment is issued by Court of Claims. The General Counsel of the General Services Administration (GSA) sent here for settlement a claim for $11,292.65 arising under GSA contract No. GS-10B-E-00065-00 with Baker and Ford Co. (Baker). The contract, awarded on May 2, 1963, was for the construction of a United States Post Office and Court House in Juneau, Alaska. After work under the contract was completed, GSA on December 28, 1967, offered to process a payment of $11,292.65 for what it con- sidered to be the balance due under the contract. Payment was conditioned upon receipt of an executed request for payment and release forms. The release was required before payment could be made under the provisions of paragraph 7(e) and paragraph 1-14(d) of the contract's General Provisions. On February 8, 1968, the attorney for the liquidating trustee of Baker advised GSA of the contractor's assignment dated September 21, 1967, to a bonding company of all Baker's right, title and interest ~S~+Lei o- ~ 6jLpmrY /9VI% / 0) c. j A4_3_ S-ti

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