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B-208049 1 (1982-08-19)

handle is hein.gao/gaobadkon0001 and id is 1 raw text is: 



                                   ftU~ r~THRI COMPTRDLL~r GENERAL
                  Sfl  hIE!ON   4, D,!       : rHE UNITEED [STATES
                                  SWAlklISNTON, D.C. 20540



                  FILE: U-208049                 DATE: Autgust 19, 1982

                  MATTER OF: Federal Communications Commission--Request
                                 for Advance Decision

                  DIGEST:


                  1. A claim by a real estatebroker for damages
                     arising from tho Federal Communications
                     Commission's failure to enter into a lease
                     for office space located by the broker may
                     be settled by the contracting officer under
                     the Contract Disputes Act.

                 2.  Payment of proposed contract Eettlement
                     must wait until the certifying officer has
                     received a settlctment agreement signed by
                     both parties to the contract which sets
                     forth a finding of legal liability by the
                     Government and a statement of the amount
                     owed.


                     Mr. Wayne B. Leuhe, Chief Certifying Office of
                 the Federal communications Commission (FCC), pursuant
                 to 31 U.S.C. § 82d (19,6), requests an advance decislor
                 regarding the propriety of the proposed settlement of
                 a claim for $1,543,006, filed by Julien C. Studley,
                 Inc., under the Contract Disputen Act of 1978, 41 U.S.C.
                 §§ 601-603 (Supp. III, 1979).  SpecifIcally, N&r. Leshe
                 asks whether the FCC contracting officer is authorized
                 to settle the claim under the Contract Disputeu Act.
                 We find that the FCC contracting officer is authorized
 p               to settle thin claim.
                      The relevant facts and circumstances of record

  +              follow.  Beginning in the lates1970's, the FCC iscuyht
                 a location for ito headquar-terG offices to consolidate
                 scattered rental office srace at various locations in
                 the Washington meiropolitan .arca. In order to facilitate
lot              this effort, FCC officials obtained the assistance of
,i               Stud]ey, a commercial real estate broker.







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