B-165669, DEC. 10, 1968

B-165669: Dec 10, 1968

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MEYERSON AND ASSOCIATES: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15. YOU SAY THAT THE BASIS FOR YOUR CLAIM IS THE DAVIS- BACON ACT. WE HAVE ASCERTAINED INFORMALLY THAT THE CONTRACTS IN QUESTION ARE FOR ARCHITECT-ENGINEERING SERVICES AND NOT FOR THE CONSTRUCTION OF PUBLIC BUILDINGS OR WORKS. THE DAVIS-BACON ACT IS NOT APPLICABLE. SINCE SUCH CONTRACTS HAVE NOT BEEN TERMINATED BY THE GOVERNMENT. THE CONTRACT SETTLEMENT ACT IS LIKEWISE NOT APPLICABLE. THE FACT THAT YOU WERE A SUBCONTRACTOR ON A GOVERNMENT PRIME CONTRACT DOES NOT ESTABLISH PRIVITY OF CONTRACT BETWEEN YOU AND THE UNITED STATES.

B-165669, DEC. 10, 1968

TO SYDNEY I. MEYERSON AND ASSOCIATES:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1968, REQUESTING THAT THIS OFFICE WITHHOLD ANY ACCRUED PAYMENTS DUE FROM THE UNITED STATES TO A PRIME CONTRACTOR, ROCHLIN AND BARAN, ARCHITECTS, LOS ANGELES, CALIFORNIA, ON ACCOUNT OF $27,933.36 OWED YOUR FIRM FOR WORK PERFORMED AS SUBCONTRACTORS UNDER CORPS OF ENGINEERS CONTRACTS NOS. DACA09-67-C-0150 AND DACA09-68-C-0037. YOU SAY THAT THE BASIS FOR YOUR CLAIM IS THE DAVIS- BACON ACT, 49 STAT. 1011, 40 U.S.C. 276A, AND THE CONTRACT SETTLEMENT ACT OF 1944, 58 STAT. 649, 41 U.S.C. 101, ET SEQ.

WE HAVE ASCERTAINED INFORMALLY THAT THE CONTRACTS IN QUESTION ARE FOR ARCHITECT-ENGINEERING SERVICES AND NOT FOR THE CONSTRUCTION OF PUBLIC BUILDINGS OR WORKS. HENCE, THE DAVIS-BACON ACT IS NOT APPLICABLE. FURTHERMORE, SINCE SUCH CONTRACTS HAVE NOT BEEN TERMINATED BY THE GOVERNMENT, THE CONTRACT SETTLEMENT ACT IS LIKEWISE NOT APPLICABLE.

THE FACT THAT YOU WERE A SUBCONTRACTOR ON A GOVERNMENT PRIME CONTRACT DOES NOT ESTABLISH PRIVITY OF CONTRACT BETWEEN YOU AND THE UNITED STATES. THEREFORE, NO LEGAL BASIS EXISTS FOR WITHHOLDING ON YOUR ACCOUNT MONEYS DUE ROCHLIN AND BARAN UNDER THE TERMS OF ITS CONTRACT WITH THE UNITED STATES.