Request for Reconsideration

The attorney for a proprietor of a South Asia facility requested reconsideration of an action by the Claims Division disallowing the proprietor's claim against the Government. The proprietor was awarded the right to purchase certain Government property located in Vietnam. He paid the Government for the property but, before he could haul it away, the property disposal yard and its contents were turned over to the South Vietnamese Government. The contract was then canceled, and a refund check was issued for the full amount of the deposit. The claimant stated that he never received the check or any other refund under the canceled contract. For 7 years, the claimant corresponded with various Government agencies to locate the check and to verify that the check was not received. No canceled check was discovered, nor was it listed by the Treasury Department on its outstanding check list. Finally, the matter was referred to GAO for settlement. Unfortunately, a statute of limitations precludes GAO from considering claims which are more than 6 years old. A statute cited by the proprietor's attorney as prevailing was not applicable absent evidence that the check involved was actually paid. Claims cognizable by GAO are forever barred unless they are received within 6 years after the date on which they first accrue. For this reason, the settlement action of the Claims Group was affirmed.