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B-198100 1 (1980-12-16)

handle is hein.gao/gaobaditg0001 and id is 1 raw text is: P6 rA 0- 4 THE COMPTROLLER GENERAL DECISIOri OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-198100 DATE:December 16, 1980 MATTER OF: Air Force Request for Advance Decision IGEST: IA/in fe0r Payment of balance due under exterior painting contracJ that is claimed by assignee-bank, payment surety, Internal Revenue Service and Department of Labor should be withheld pending judicial deter- mination of rights of claimants since conflicting court decisions preclude admin- istrative resolution by GAO of entitlement priority. This matter concerns $30,126.00,which constitutes the final payment under contract No. S31308(a)-78-C-042 (SBA) F197650-78-C-0046 (AF) and is being withheld by the Department of the Air Force, Hanscom Air Force Base, Massachusetts, pending resolution of conflicting demands for payment. The contract for the exterior painting of various buildings was awarded to P&R Professional Painting Company, Inc. (P&R) on March 16, 1978 and incorporated the labor standards provisions of Standard Form 19-A (including the Davis-Bacon provisions) and the appro- priate Department of Labor wage rate. The contract also incorporated an Assignment of Claims clause which included the no set-off provisions of the Assignment of Claims Act of 1940, as amended, 31 U.S.C. § 203, 41 U.S.C. 5 15 (1976). On May 26, 1978, in accordance with the terms of the contract, P&R and the American Fidelity Fire Insurance Company executed performance and payment bonds. Final acceptance of the work under the contract occurred on May 24, 1979. I J' 91 I

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