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B-213466 1 (1984-05-01)

handle is hein.gao/gaobadlrb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECIlION . OF THE UNITED STATES '9 WAGHINGTON. 0.0. 2054U ('IT0 FILE: B-213466 OATE: MaY 1, 1984 MATTER OF: Claim of Commercial Transfer Systems, Inc. OIGEST: 1. As the Contract Disputes Act, 41 U.S.C. S 605(a), provides that all claims by a contractor against the Government be submitted to a contracting officer for a decision, the General Accounting Office is not the proper tribunal for resolving such disputes. However, GAO may decide whether the Commerce Department or the Treasury Depart- ment should pay the claim, assuming it is valid. 2. Although the Treasury Department's negligence caused another department of the Government to improperly take a prompt payment discount, as there was no contractual relationship between the Treasury Department and the Government contrac- tor, and the Federal Tort Claims Act does not apply to claims arising from the fiscal opera- tions of the Treasury, the contractor can recover only from the Government agency with whom it had a contractual relationship, and not the Treasury Department. The Department of Commerce's Patent and Trademark Office and a Government contractor, Commercial Transfer Systems, Inc., have asked us whether Commerce or the Treasury Depart- ment should pay $1,043.95 to Commercial Transfer Systems, a sum equivalent to a prompt payment discount the Government allegedly should not have taken. For the reasons given below, it is our view that, if the amount claimed is owed to the con- tractor, the Department of Commerce, rather than the Depart- ment of the Treasury, should make the payment. I. Background The facts show that the Department of Commerce contracted with Commercial Transfer Systems, Inc., for rendering of various services. The services were performed between September 20 and October 1, 1982. The bills for the services, described on four invoices, show total amounts for the periods in which the services were rendered. None of the invoices breaks down the amounts charged for each of the days worked.

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