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B-205165 1 (1982-01-08)

handle is hein.gao/gaobadjzv0001 and id is 1 raw text is: STHE COMPTROLLER OE!NERSFAL DECION 4 OFTHE UNITED STATES WASHINGTON, oD.C. 20548 FILE; B-205165 DATE; January 8, 1982 MATTER OF: Bob Bates OIGEST: Where contracting officer failed to require contractor to furnish Miller Act bond for protection of subcon- tractors and paid retainage to con- tractor, knowing that subcontractor had not been paid by contractor, GAO has no basis to pay claim by subcontrictor for value of labor and material furnished contractor since there is no privity between 2. > Government and subcontractor. By letter of September 22, 1981, counsel for Mr. Bob Bates (hereafter referred to as the claimant) filed the present claim with our Office. By way of background, there follows a brief summary of the events leading up to the claim. In August of 1979, the United States Fish and Wildlife Service, United States Department of Interior awarded Tribal Construction, Inc. (Tribal), a contract, in the amount of $30,780, for the construction of a prefab metal building at the Optima National Wildlife Refuge in Oklahoma. on September 28, 1979, Tribal ! entered into a subcontract arrangement with the claim- ant for the performance of a portion of the contract. .U The claimant's subcontract work was substantially 'a completed by November 11, 1979.: According to the claimant, on December 20, 1979, he notified the Fish and Wildlife Service that he had not yet been paid by the contractor, at which time the Fish and Wildlife Service still had ar roximately $30,000 in undisburoed funds in its possession. On J-nuary 10, 1980, the claimant instituted a suit agaxt.st the contractor in t 'I..,

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