[Claim for Payment of Withheld Sum]

A firm submitted a claim under the Meritorious Claims Act for payment for a radar range calibrator which had been delivered to the Navy under a contract which called for 634 calibrators, all of which were delivered. The Navy withheld payment for the last unit shipped pending a decision on what action should be taken because of alleged contract violations. The Navy dropped the question of contract violations. However, the protester never filed a claim seeking payment for the 634th unit until it discovered its error more than 8 years after the delivery of the product. The Navy informed the protester that its claim was barred from consideration because of a 6-year statute of limitations. The claimant argued to GAO that its claim should be referred to Congress under the provisions of the Meritorious Claims Act. Since the Meritorious Claims Act is also subject to a 6-year statute of limitations, GAO was barred from considering the merits of the claim. Accordingly, the claim was dismissed.