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B-144031, MAR. 16, 1961

B-144031 Mar 16, 1961
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MUSGRAVE: WE HAVE YOUR LETTER OF NOVEMBER 22. IT APPEARS THAT A PORTION OF THE MOVE UNDER THE CONTRACT WAS ACTUALLY CARRIED OUT BY ASSOCIATED TRANSPORT. IT IS WELL RECOGNIZED THAT IN THE ABSENCE OF ANY SPECIFIC CONTRACTUAL PROVISION TO THE CONTRARY. THE UNITED STATES IS NOT LIABLE FOR CLAIMS WHICH THE SUBCONTRACTOR MAY HAVE FOR ASSERTION AGAINST THE PRIME CONTRACTOR. UNDER THE CIRCUMSTANCES WE REGRET TO ADVISE YOU THAT WE ARE WITHOUT LEGAL AUTHORITY TO HONOR YOUR CLAIM.

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B-144031, MAR. 16, 1961

TO MRS. A. S. MUSGRAVE:

WE HAVE YOUR LETTER OF NOVEMBER 22, 1960, SUBMITTING A CLAIM ON BEHALF OF ASSOCIATED TRANSPORT, INCORPORATED, IN THE AMOUNT OF $7,513.15, FOR SERVICES PERFORMED IN CONNECTION WITH THE MOVEMENT OF FILES, OFFICE FURNITURE AND RELATED EQUIPMENT BELONGING TO THE CIVIL SERVICE COMMISSION FROM WASHINGTON, D.C., TO BOYERS, PENNSYLVANIA, UNDER CONTRACT NO. GS-OOT- 1265 (TOI), DATED JUNE 17, 1960.

IT APPEARS THAT A PORTION OF THE MOVE UNDER THE CONTRACT WAS ACTUALLY CARRIED OUT BY ASSOCIATED TRANSPORT.

PARAGRAPH 26 OF THE GENERAL CONDITIONS AND TERMS OF THE CONTRACT PROVIDES THAT THE CONTRACT MAY NOT BE SOLD, ASSIGNED OR PLEDGED WITHOUT THE WRITTEN PRIOR CONSENT OF THE CONTRACTING OFFICER. THE FILE SHOWS NO SUCH CONSENT. IT APPEARS, THEREFORE, THAT ASSOCIATED TRANSPORT STANDS IN THE POSITION OF SUBCONTRACTOR TO CURLES MOVERS. IT IS WELL RECOGNIZED THAT IN THE ABSENCE OF ANY SPECIFIC CONTRACTUAL PROVISION TO THE CONTRARY, NO PRIVITY EXISTS BETWEEN A SUBCONTRACTOR AND THE UNITED STATES, AND THE UNITED STATES IS NOT LIABLE FOR CLAIMS WHICH THE SUBCONTRACTOR MAY HAVE FOR ASSERTION AGAINST THE PRIME CONTRACTOR. UNDER THE CIRCUMSTANCES WE REGRET TO ADVISE YOU THAT WE ARE WITHOUT LEGAL AUTHORITY TO HONOR YOUR CLAIM.

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