B-209039, FEB 8, 1983

B-209039: Feb 8, 1983

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DIGEST: CLAIMS OF JORDANIAN WORKMEN FOR SEVERANCE PAY ALLEGED TO BE DUE FROM THE DEPARTMENT OF STATE UNDER JORDANIAN LAW MAY NOT BE CONSIDERED AS THEY ARE BARRED BY THE 6-YEAR STATUTE OF LIMITATIONS. FOUR JORDANIANS WHO WERE EMPLOYEES OF A FORMER DEPARTMENT OF STATE CONTRACTOR. WAS BETWEEN STATE AND ISMAIL M. HASSAN'S FOUR EMPLOYEES CLAIM THAT UNDER JORDANIAN LAW THEY ARE ENTITLED TO RECEIVE SEVERANCE PAY FROM STATE. THE CLAIMS ARE BARRED BY THE STATUTE OF LIMITATIONS SO THAT THEIR MERIT IS ACADEMIC. BARS CLAIMS OF THIS NATURE AGAINST THE GOVERNMENT THAT HAVE NOT BEEN RECEIVED BY THIS OFFICE WITHIN 6 YEARS AFTER THE CLAIM ACCRUES. THE CLAIMS WERE RECEIVED IN GAO ON SEPTEMBER 3.

B-209039, FEB 8, 1983

DIGEST: CLAIMS OF JORDANIAN WORKMEN FOR SEVERANCE PAY ALLEGED TO BE DUE FROM THE DEPARTMENT OF STATE UNDER JORDANIAN LAW MAY NOT BE CONSIDERED AS THEY ARE BARRED BY THE 6-YEAR STATUTE OF LIMITATIONS, 31 U.S.C. SEC. 3702, SINCE THE CLAIMS ACCRUED BETWEEN 13 AND 16 YEARS PRIOR TO THEIR RECEIPT BY THE COMPTROLLER GENERAL.

JORDANIAN WORKMEN'S CLAIMS FOR SEVERANCE PAY AGAINST THE DEPARTMENT OF STATE:

ON SEPTEMBER 3, 1982, WE RECEIVED THE DEPARTMENT OF STATE'S REQUEST (DS-2 -210) FOR OUR REVIEW AND SETTLEMENT OF CLAIMS FOR SEVERANCE PAY MADE BY KARIM MARSHOUD, SALEH HASAN MANSOUR, KHALIL MAHMOUD HASAN AND ABDUL KARIM ABDULA, FOUR JORDANIANS WHO WERE EMPLOYEES OF A FORMER DEPARTMENT OF STATE CONTRACTOR. THE NON-PERSONAL SERVICES CONTRACT INVOLVED HERE, NO. S635-FA -138, WAS BETWEEN STATE AND ISMAIL M. HASSAN, AND COVERED GARDENING, JANITORIAL AND CUSTODIAL SERVICES AT THE AMERICAN EMBASSY IN AMMAN, JORDAN. HASSAN'S FOUR EMPLOYEES CLAIM THAT UNDER JORDANIAN LAW THEY ARE ENTITLED TO RECEIVE SEVERANCE PAY FROM STATE.

ALTHOUGH THE SUBSTANTIVE ISSUE PRESENTED HERE CONCERNS WHETHER THE APPARENT ABSENCE OF PRIVITY OF CONTRACT BETWEEN THE GOVERNMENT AND THE AFFECTED EMPLOYEES RELIEVES THE GOVERNMENT OF LIABILITY UNDER THE FACTS OF THIS CASE, THE CLAIMS ARE BARRED BY THE STATUTE OF LIMITATIONS SO THAT THEIR MERIT IS ACADEMIC.

THE STATUTE OF LIMITATIONS, 31 U.S.C. SEC. 3702 (FORMERLY 31 U.S.C. SEC. 71A (1976)), BARS CLAIMS OF THIS NATURE AGAINST THE GOVERNMENT THAT HAVE NOT BEEN RECEIVED BY THIS OFFICE WITHIN 6 YEARS AFTER THE CLAIM ACCRUES. ACCORDING TO THE STATE DEPARTMENT, THE CLAIMS ACCRUED BETWEEN 1966 AND 1969; THE CLAIMS WERE RECEIVED IN GAO ON SEPTEMBER 3, 1982, CONSIDERABLY BEYOND THE 6-YEAR PERIOD.

THE CLAIMS MAY NOT BE PAID.