Claim for Subcontractor Costs

A request was made that a claim be reported to Congress under the Meritorious Claims Act for the relief of a subcontractor who was not paid by a contractor. Under the Miller Act, the contractor could not recover payment since the contracting officer had failed to require a bond between the two contractors. GAO held that it does not report claims to Congress under the Act unless the claim involves equitable circumstances of an unusual nature and which are unlikely to constitute a recurring problem, since to report a case when similar equities exist or are likely to arise with respect to other claimants would constitute preferential treatment over others. GAO knew of at least one other claimant in a similar situation and believed there could well have been others. Accordingly, GAO declined to file a report with Congress under the Meritorious Claims Act.