B-168704, JAN. 16, 1970

B-168704: Jan 16, 1970

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CONCLUDING THAT CLAIM FOR ADDITIONAL COSTS UNDER CONSTRUCTION CONTRACT WHICH WAS DISMISSED BY D.C. GOVERNMENT IS SEPARATE AND DISTINCT ENTITY FROM THE U.S. IS NOT FOR CONSIDERATION BY GAO. 1 COMP. YOU REQUEST THAT OUR OFFICE DIRECT THE CONTRACTING OFFICER AND THE APPEALS BOARD TO MAKE PAYMENT TO YOU AND YOUR SUBCONTRACTORS FOR COSTS YOU WILL SUBSTANTIATE. THE MATTER PRESENTED IN YOUR LETTER INVOLVES CLAIMS AGAINST THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS A LEGAL ENTITY SEPARATE AND DISTINCT FROM THE UNITED STATES GOVERNMENT. WE HAVE TAKEN THE POSITION THAT SINCE THE DISTRICT OF COLUMBIA GOVERNMENT IS A SEPARATE AND DISTINCT ENTITY.

B-168704, JAN. 16, 1970

CONTRACTS--DISPUTES--DISTRICT OF COLUMBIA DECISION TO HEDIN CONSTRUCTION CORP. CONCLUDING THAT CLAIM FOR ADDITIONAL COSTS UNDER CONSTRUCTION CONTRACT WHICH WAS DISMISSED BY D.C. BOARD OF CONTRACT APPEALS MAY NOT BE CONSIDERED. SINCE D.C. GOVERNMENT IS SEPARATE AND DISTINCT ENTITY FROM THE U.S; CLAIM AGAINST D.C. IS NOT FOR CONSIDERATION BY GAO. 1 COMP. GEN. 451 (1922) AND 36 ID. 457 (1956).

TO HEDIN CONSTRUCTION CORP:

IN LETTER OF DECEMBER 17, 1969, YOU STATE THAT THE DISTRICT OF COLUMBIA BOARD OF CONTRACT APPEALS DISMISSED YOUR CLAIMS FOR ADDITIONAL COMPENSATION REGARDING CONSTRUCTION OF THE JULIA WEST HAMILTON SCHOOL, WASHINGTON, D.C; AND YOU REQUEST THAT OUR OFFICE DIRECT THE CONTRACTING OFFICER AND THE APPEALS BOARD TO MAKE PAYMENT TO YOU AND YOUR SUBCONTRACTORS FOR COSTS YOU WILL SUBSTANTIATE.

THE MATTER PRESENTED IN YOUR LETTER INVOLVES CLAIMS AGAINST THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS A LEGAL ENTITY SEPARATE AND DISTINCT FROM THE UNITED STATES GOVERNMENT. WE HAVE TAKEN THE POSITION THAT SINCE THE DISTRICT OF COLUMBIA GOVERNMENT IS A SEPARATE AND DISTINCT ENTITY, OUR OFFICE HAS NO JURISDICTION TO SETTLE CLAIMS AGAINST THE DISTRICT OF COLUMBIA. 1 COMP. GEN. 451 (1922) AND 36 ID. 457 (1956).