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[Request for Decision Concerning Contractor Claim Against Department of Commerce]

B-213466 May 01, 1984
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Highlights

A firm and the Department of Commerce requested a decision as to whether Commerce or the Department of the Treasury should pay the firm the equivalent of a prompt payment discount that was improperly taken. Commerce contracted with the claimant for freight transportation services, obtained the services, and submitted a voucher to the Treasury for payment. Treasury paid the voucher but did not include the complete address of the claimant on the check. The check was returned to the Treasury as undeliverable and the Treasury credited the amount to Commerce. When the claimant was paid, it concluded that the prompt payment discount was improperly taken. Commerce contended that the Treasury should pay the amount of the discount. GAO held that: (1) it was improper to take the discount; (2) there was no statute making the Treasury liable for disbursing errors; and (3) since Commerce had a contractual arrangement with the claimant and the Treasury did not, there was no basis upon which the Treasury could pay the claim. Accordingly, the claim was to be paid by Commerce.

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