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[Claim for Withheld Moneys]

B-208139 Aug 03, 1982
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Highlights

A firm claimed $16,536.58 plus interest on the ground that the General Services Administration (GSA) improperly withheld the moneys which were due it for performance under two contracts. The protester stated that GSA terminated for default two contracts awarded to it and notified the firm that the excess costs of reprocurement would be assessed against it. Without further notice, GSA withheld the amount claimed from payments due to the protester on two other contracts. GAO stated that, according to Federal law, the claim in question is a matter for the contracting officer to resolve subject to appeal. GAO concluded that the question of whether the contracting officer properly withheld amounts due to the protester under contracts is a claim by a contractor against the Government within the meaning of the Contract Disputes Act. Accordingly, the claim was dismissed.

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