Request for Decision Regarding Claim

A contracting officer requested a GAO decision regarding a claim for an amount which represented the proceeds of a contract received by the contractor but claimed by an assignee of the contract. The assignee submitted its claim to the agency under the provisions of the Contract Disputes Act. However, the contracting officer concluded that he lacked the authority to decide the claim under the Act. In his view, the assignee was not a party to a Government contract as defined in the Act. Therefore, he forwarded the claim to GAO for resolution. After the submission to GAO, the assignee appealed the contracting officer's decision to the agency's board of contract appeals, requesting a suspension of proceedings for 60 days to enable GAO to render its decision. The protester intended to proceed with the appeal to the agency's board if it received an adverse ruling from GAO. GAO declined to consider the request for a decision on the claim. By requesting a suspension of the board's proceedings on its appeal, the claimant was reserving the right to two chances at a favorable administrative resolution of its claim, which GAO did not believe was appropriate. Therefore, GAO closed its file on the matter so that the board could decide the appeal on the jurisdictional issue and, if appropriate, on the merits of the claim. If the board agrees with the contracting officer that the claim does not come within the authority of the Act, GAO will reopen its file at the parties' request.