B-171732 March 24, 1971

B-171732: Mar 24, 1971

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Esquire Gentlemen: Reference is made to your letters of January 12 and January 22. Which states: "When there is filed in the General Accounting Office a claim of demand against the United States that may not lawfully be adjusted by the use of an appropriation theretofore made. We have ruled that as a matter of law we could not report to Congress that part of a claim which is barred by 31 U. We would like to advise you that the United States General Accounting Office dies not have any prescribed forms of procedures for filing claims against the United States. The manner of presentation of the facts and the principles involved is left to your discretion and professional acuity.

B-171732 March 24, 1971

Jochems, Sargent & Blaes Attorneys at Law Farmers & Bankers Building 200 East First Street Post Office Box 2134 Wichita, Kansas 67201

Attention: Daniel R. Glickman, Esquire

Gentlemen:

Reference is made to your letters of January 12 and January 22, 1971, in which you requested information from this office with respect to filing a contract claim against the United States Government under the Meritorious Claims Act, 45 Stat. 413, 31 U. S. C. 236, which states:

"When there is filed in the General Accounting Office a claim of demand against the United States that may not lawfully be adjusted by the use of an appropriation theretofore made, but which claim or demand in the judgment of the Comptroller General of the United States contains such elements of legal liability of equity as to be deserving of the same to the Congress by a special report containing the material facts and his recommendation thereon."

Our Office has viewed that act as providing an extraordinary remedy involving equitable principles and facts of an unusual and not recurring nature.

We also invite your attention to the act of October 9, 1940, 54 Stat. 1060, codified at 31 U. S. C. 71a and 31 U. S. C. 237, which provides, among other things, that claims against the United States shall be forever barred unless received in the General Accounting Office within 10 years after the date the claim first accrued. We have ruled that as a matter of law we could not report to Congress that part of a claim which is barred by 31 U. S. C. 71a See B-134038 and B-138771, Mat 23, 1968.

Finally, we would like to advise you that the United States General Accounting Office dies not have any prescribed forms of procedures for filing claims against the United States. The manner of presentation of the facts and the principles involved is left to your discretion and professional acuity.

Very truly yours,

R. F. KELLER Assistant Comptroller General of the United States