B-59805, MAR. 22, 1962
Highlights
WHEREIN YOU STATED THAT YOU BELIEVED THE PAYMENT BONDS ARE MILLER ACT BONDS BECAUSE THE CONTRACTS UNDER WHICH THEY WERE FURNISHED REQUIRED PERFORMANCE ON LAND AND IN BUILDINGS OWNED BY THE UNITED STATES AND WERE MADE AT THE DIRECTION OF THE ATOMIC ENERGY COMMISSION WHICH IS AN AGENCY OF THE UNITED STATES. 58 AND 61 MAY HAVE BEEN PERFORMED ON PUBLIC PROPERTY OF THE UNITED STATES AS A RESULT OF DIRECTION BY AN AGENCY OF THE UNITED STATES. IT IS NECESSARY THAT CERTAIN ADDITIONAL PREREQUISITES. 58 AND 61 WERE SUBCONTRACTS AWARDED BY THE GOODYEAR ATOMIC CORPORATION ACTING UNDER AN ATOMIC ENERGY COMMISSION CONTRACT AND THE PAYMENT BONDS THAT SUPPORT THE CONTRACTS WERE FURNISHED TO THE GOODYEAR ATOMIC CORPORATION.
B-59805, MAR. 22, 1962
TO ARONHOLD C. SCHAPIRO, ESQUIRE:
IN LETTER OF FEBRUARY 9, 1962, YOU REQUESTED THAT WE FURNISH UNDER SECTION 3 OF THE MILLER ACT, 40 U.S.C. 270C, COPIES OF CONTRACTS 53, 58 AND 61, BETWEEN GOODYEAR ATOMIC CORPORATION AND THE WILLIAM A. NEWMAN COMPANY, TOGETHER WITH COPIES OF THE SUPPORTING PAYMENT BONDS AND CERTIFIED STATEMENTS OF THE DATES OF FINAL SETTLEMENT OF EACH OF THE CONTRACTS. THEREAFTER, REPRESENTATIVE WILLIAM H. HARSHA FORWARDED YOUR LETTER OF FEBRUARY 21, 1962, WHEREIN YOU STATED THAT YOU BELIEVED THE PAYMENT BONDS ARE MILLER ACT BONDS BECAUSE THE CONTRACTS UNDER WHICH THEY WERE FURNISHED REQUIRED PERFORMANCE ON LAND AND IN BUILDINGS OWNED BY THE UNITED STATES AND WERE MADE AT THE DIRECTION OF THE ATOMIC ENERGY COMMISSION WHICH IS AN AGENCY OF THE UNITED STATES. ALSO, IN LETTER OF MARCH 9, 1962, YOU EXTENDED YOUR REQUEST FOR DOCUMENTS TO INCLUDE ANY CONTRACTS BETWEEN THE WILLIAM A. NEWMAN COMPANY AND LARRY LOFT UNDER THE ABOVE-NUMBERED CONTRACTS.
WHILE THE WORK COVERED BY CONTRACTS 53, 58 AND 61 MAY HAVE BEEN PERFORMED ON PUBLIC PROPERTY OF THE UNITED STATES AS A RESULT OF DIRECTION BY AN AGENCY OF THE UNITED STATES, ORDINARILY, FOR THE CONTRACT AND PAYMENT BOND TO BE CONSIDERED MILLER ACT DOCUMENTS, IT IS NECESSARY THAT CERTAIN ADDITIONAL PREREQUISITES--- LIKE THE CONTRACT BEING AWARDED BY THE UNITED STATES AND THE UNITED STATES BEING AN OBLIGEE ON THE PAYMENT BOND--- BE PRESENT.
CONTRACTS 53, 58 AND 61 WERE SUBCONTRACTS AWARDED BY THE GOODYEAR ATOMIC CORPORATION ACTING UNDER AN ATOMIC ENERGY COMMISSION CONTRACT AND THE PAYMENT BONDS THAT SUPPORT THE CONTRACTS WERE FURNISHED TO THE GOODYEAR ATOMIC CORPORATION, AS OBLIGEE, BY THE WILLIAM A. NEWMAN COMPANY ON A SPECIAL GOODYEAR FORM IN ACCORDANCE WITH ARTICLE XXIV OF THE NUMBERED CONTRACTS. ARTICLE XXIV PROVIDES THAT THE PAYMENT BOND SHALL BE FURNISHED ON A STANDARD COMMERCIAL BOND FORM OR ON THE STANDARD GOVERNMENT FORM AND THAT WHEN THE STANDARD GOVERNMENT FORM IS USED, IT SHALL BE MODIFIED BY DELETING THE WORDS "PURSUANT TO THE ACT OF CONGRESS, APPROVED AUGUST 24, 1935, (49 STAT. 793, 40 U.S.C. S 270A)" (MILLER ACT) AND "THE UNITED STATES OF AMERICA, HEREINAFTER CALLED THE GOVERNMENT" AND SUBSTITUTING FOR THE LAST QUOTED PHRASE "GOODYEAR ATOMIC CORPORATION, HEREINAFTER CALLED THE OBLIGEE.' IN THE CIRCUMSTANCES, IT SEEMS CLEAR THAT THE BONDS ARE REGULAR COMMERCIAL PAYMENT BONDS RATHER THAN MILLER ACT BONDS.
WE HAVE NOT ASCERTAINED WHETHER THE CONTRACTS BETWEEN THE WILLIAM A NEWMAN COMPANY AND LARRY LOFT ARE ON FILE WITH THE ATOMIC ENERGY COMMISSION, BUT SINCE THEY ARE CONTRACTS BETWEEN PRIVATE PARTIES THEY WOULD NOT MEET MILLER ACT CRITERIA EITHER.
AS OUR RESPONSIBILITIES UNDER SECTION 3 OF THE MILLER ACT EXTEND ONLY TO SITUATIONS WHERE PAYMENT BONDS ACTUALLY ARE FURNISHED AS CONTEMPLATED BY THE ACT, WE ARE UNABLE TO COMPLY WITH YOUR REQUEST FOR DOCUMENTS.