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B-203676 1 (1981-09-21)

handle is hein.gao/gaobadjsv0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECISION ' OF THE UNITED STATES W A SHIN WASHINGTON, 0.C. 2054e IIT FILE: B-203676 DATE: September 21, 1981 MATTER OF: Contract Retainage DIGEST: Where the corporation due money under a Government contract no longer exists, and any potential claimants to the money are j unknown, Government should close its file on contract and deooligate the funds and handle in accordance with 31 U.S.C. § 706 (1980). Our decision has been requested by the Chief, Finance and Accountinj Division, Office of the Chief of Engineers, in connection with the processing of $100 in retainage withheld by the Department of the Army from a dredging company which is no longer in existence. The $100 was withheld from Government payments under New Enjland Division, Corps of Engineers (Corps), contract No. DACW33-68-C-0132 for maintenance dredging in Green harbor, Marshfield, Massachusetts. The con- tract was performed uy Sea-Land Dredging Corporation (Sea-Land). The contractor submittea four claims for additional compensation relating to the work performed under this contract that were denied by the contracting officer. Sea-Land subsequently appealed to the Corps of Engineers Board of Contract Appeals (Board) in 1970. The Board denied Sea-Land's tour claims on June 28, 1974. The Corps retained the $100 undisputedly due to Sea- Land in order to keep its file open. Since the 6-year statutory period for appeal by Sea-Land to Federal court has now elapsed, the Corps has proceeded to a final accounting. A final pay estimate was prepared, showing that the Government owed a balance on the contract of $100. The Corps sent a copy of the final pay estimate for signature to Sea-Land's attorney who had representea Sea-Land in the Board proceeding and who was listed 4I I--- , 7

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