B-163019, DEC. 19, 1967

B-163019: Dec 19, 1967

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TO VULCAN STEEL COMPANY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21. IT APPEARS THAT THE BASIC CONTRACT FOR THE HOUSING PROJECT WAS MADE BY THE HOUSING AUTHORITY OF RIVERSIDE COUNTY. WHICH IS NOT A FEDERAL AGENCY. EVEN IF THE UNITED STATES GOVERNMENT UPON FURTHER DEVELOPMENT IS FOUND TO BE A PRINCIPAL CONTRACTING PARTY UNDER THE GENERAL OR PRIME CONTRACT. IT IS WELL ESTABLISHED THAT. 40 U.S.C. 270 (PAYMENT BOND) THE SETTLEMENT OF OBLIGATIONS BETWEEN CONTRACTORS AND THOSE FURNISHING LABOR AND MATERIALS TO HIM ORDINARILY IS A MATTER OUTSIDE OUR JURISDICTION. SINCE IT DOES NOT APPEAR THAT YOUR CLAIM IS ONE WHICH WE HAVE AUTHORITY TO CONSIDER.

B-163019, DEC. 19, 1967

TO VULCAN STEEL COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21, 1967, TRANSMITTING TO OUR OFFICE A LETTER ADDRESSED TO THE BUREAU OF PUBLIC HOUSING, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, SAN FRANCISCO, WHICH APPEARS TO BE IN THE NATURE OF A CLAIM AS A SUBCONTRACTOR UNDER A CONTRACT FOR A PUBLIC HOUSING PROJECT.

ALTHOUGH YOUR LETTER DOES NOT CLEARLY INDICATE THE CONTRACTUAL RELATIONSHIPS OF THE SEVERAL PARTIES MENTIONED, IT APPEARS THAT THE BASIC CONTRACT FOR THE HOUSING PROJECT WAS MADE BY THE HOUSING AUTHORITY OF RIVERSIDE COUNTY, CALIFORNIA, WHICH IS NOT A FEDERAL AGENCY. EVEN IF THE UNITED STATES GOVERNMENT UPON FURTHER DEVELOPMENT IS FOUND TO BE A PRINCIPAL CONTRACTING PARTY UNDER THE GENERAL OR PRIME CONTRACT, IT IS WELL ESTABLISHED THAT, OTHER THAN THE REMEDY PROVIDED BY THE MILLER ACT, 40 U.S.C. 270 (PAYMENT BOND) THE SETTLEMENT OF OBLIGATIONS BETWEEN CONTRACTORS AND THOSE FURNISHING LABOR AND MATERIALS TO HIM ORDINARILY IS A MATTER OUTSIDE OUR JURISDICTION, THERE BEING NO PRIVITY OF CONTRACT BETWEEN SUCH PERSONS AND THE UNITED STATES. SEE KELLOGG V. UNITED STATES, 7 WALL. 361; 23 COMP. GEN. 655; 37 COMP. GEN. 115.

SINCE IT DOES NOT APPEAR THAT YOUR CLAIM IS ONE WHICH WE HAVE AUTHORITY TO CONSIDER, WE DO NOT CONTEMPLATE ANY FURTHER ACTION IN THIS MATTER.