B-169264: Jun 26, 1970

CASE IS DISTINGUISHABLE FROM TRINITY AND AETNA IN THAT LIABILITY THERE WAS INCURRED UNDER PERFORMANCE BOND BUT IN SUBJECT CASE. IS IN LINE WITH MUNSEY CASE. WHICH HELD GOVERNMENT'S RIGHT OF SET-OFF RESPECTING CONTRACT BALANCE IS SUPERIOR TO THAT OF SURETY ON PAYMENT BOND. WHERE THERE IS JUDICIAL CONFLICT. GAO WILL NOT FOLLOW RULE ADVERSE TO GOVERNMENT'S INTEREST. ANDERSON: FURTHER REFERENCE IS MAD...

B-169264: Jun 10, 1971

SHINN: REFERENCE IS MADE TO YOUR LETTER OF MAY 5. AETNA WAS THE CONTRACTOR'S PAYMENT AND PERFORMANCE BOND SURETY UNDER BOTH CONTRACTS. THERE WERE PENDING CLAIMS IN EXCESS OF $25. IN WHICH THE COURT HELD THAT THE GOVERNMENT'S RIGHT OF SET-OFF WITH RESPECT TO AN UNPAID CONTRACT BALANCE IS SUPERIOR TO THAT OF A SURETY WHOSE CLAIM IS BASED UPON PAYMENTS TO LABORERS AND MATERIAL-MEN UNDER THE PAYMENT B...