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B-208515 1 (1983-06-28)

handle is hein.gao/gaobadldw0001 and id is 1 raw text is: 'THE COMPTROLLER GENERAL ?1 DECISION OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-208515 DATE: June 28, 1983 MATTER OF: National Institutes of Health Funds Available to Pay Completing Performance Bond Surety DIGEST: 1. Although a certifying officer at National Institutes of Health (NIH) made a computational error in certifying a voucher for payment, thus proximately causing an overpayment of $11,184, his accounts are settled by operation of law and he cannot be held liable for the loss where the Government did not raise a charge against the account within 3 years of receipt by the NIH of the substantially complete accounts of the certifying officer. 2. Under surety law surety has election to pay Government's excess cost of complet- ing contract or undertaking to finish the job himself. Under latter election, surety, upon successful completion, is entitled to his costs, up to the unex- pended balance of the contract. In considering amount of unexpended balance available to pay performance bond surety his costs for completion of a defaulted National Institutes of Health contract, Government must consider contract bal- ance to include amount of the Govern- ment's previous mistaken overpayment to the contractor. The Chief Certifying Officer, Operations and Accounting Branch, Division of Financial Management, National Insti- tutes of Health, has requested a decision as to whether we will relieve Steven '.1%tcalf, a certifying officer, from liability for an $11,184 overpayment to the general con- tractor on a contract vith the National Institutes of Health (NIH). She has also requested an advance decision as to whether a voucher for $14,394, submitted by a performance bond surety for cozpletion of the contract, may be certified for payment. We conclude that the voucher for $14,394 may be certified for payr,.nt from the unexpended balance of the contract plus funds available for construction at the NIH oabOIs,

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