B-206272.4, SEP 28, 1984, 84-2 CPD, OFFICE OF GENERAL COUNSEL

B-206272.4: Sep 28, 1984

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IN WHICH YOU ASK WHAT REMEDIES ARE AVAILABLE TO YOU IN VIEW OF OUR DECISION DISMISSING A REQUEST THAT WE INTERVENE IN YOUR NEGOTIATIONS WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) REGARDING CLAIMS ARISING UNDER THREE COOPERATIVE AGREEMENTS. THE AGENCY INFORMALLY ADVISES US THAT THE FILE ON THIS MATTER IS BEING FORWARDED FROM ITS OFFICE OF PROCUREMENT AND CONTRACTS TO ITS CLAIMS COLLECTION OFFICE. SETTLEMENT ATTEMPTS APPARENTLY HAVE NOT BEEN SUCCESSFUL. HUD IS ATTEMPTING TO COLLECT $823 IN INTEREST EARNED BY CIVIC ACTION INSTITUTE ON COOPERATIVE AGREEMENT FUNDS. SINCE YOU HAVE ALLEGED THAT YOUR CLAIMS AGAINST HUD EXCEED THIS AMOUNT. YOU HAVE TWO POSSIBLE COURSES OF ACTION. I HOPE THIS INFORMATION WILL BE HELPFUL TO YOU.

B-206272.4, SEP 28, 1984, 84-2 CPD, OFFICE OF GENERAL COUNSEL

GENERAL ACCOUNTING OFFICE - JURISDICTION - CLAIMS - SETTLEMENT - AUTHORITY DIGEST: ALTHOUGH GAO DISMISSED REQUEST THAT IT INTERVENE IN COMPLAINANT'S NEGOTIATIONS WITH HUD CONCERNING CLAIMS ARISING UNDER THREE COOPERATIVE AGREEMENTS, CLAIMANT HAS TWO POSSIBLE COURSES OF ACTION: IT MAY FILE A CLAIM DIRECTLY WITH GAO UNDER 31 U.S.C. SEC. 3792 (1982) OR IT MAY PURSUE THE MATTER IN THE UNITED STATES CLAIMS COURT.

HOWARD W. HALLMAN, PRESIDENT CIVIC ACTION INSTITUTE P.O. BOX 39208 WASHINGTON, D.C. 20016

DEAR MR. HALLMAN:

THIS RESPONDS TO YOUR LETTER OF SEPTEMBER 13, 1984, IN WHICH YOU ASK WHAT REMEDIES ARE AVAILABLE TO YOU IN VIEW OF OUR DECISION DISMISSING A REQUEST THAT WE INTERVENE IN YOUR NEGOTIATIONS WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) REGARDING CLAIMS ARISING UNDER THREE COOPERATIVE AGREEMENTS. SEE CIVIC ACTION INSTITUTE, B-206272.3, AUG. 29, 1984, 84-2 CPD PARA. .

THE AGENCY INFORMALLY ADVISES US THAT THE FILE ON THIS MATTER IS BEING FORWARDED FROM ITS OFFICE OF PROCUREMENT AND CONTRACTS TO ITS CLAIMS COLLECTION OFFICE. SETTLEMENT ATTEMPTS APPARENTLY HAVE NOT BEEN SUCCESSFUL, AND AS YOUR EARLIER CORRESPONDENCE TO US INDICATES, HUD IS ATTEMPTING TO COLLECT $823 IN INTEREST EARNED BY CIVIC ACTION INSTITUTE ON COOPERATIVE AGREEMENT FUNDS.

SINCE YOU HAVE ALLEGED THAT YOUR CLAIMS AGAINST HUD EXCEED THIS AMOUNT, YOU HAVE TWO POSSIBLE COURSES OF ACTION. YOU MAY FILE A CLAIM DIRECTLY WITH THIS OFFICE UNDER 31 U.S.C. SEC. 3702 (1982), WHICH GIVES THE COMPTROLLER GENERAL AUTHORITY TO SETTLE ALL CLAIMS OF OR AGAINST THE UNITED STATES. ALTERNATIVELY, YOU MAY PURSUE THE MATTER IN THE UNITED STATES CLAIMS COURT.

I HOPE THIS INFORMATION WILL BE HELPFUL TO YOU.