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B-144792, MAY 3, 1961

B-144792 May 03, 1961
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TO GRINNELL-SHIRTZ MARKETING SERVICE: REFERENCE IS MADE TO YOUR LETTER OF MARCH 27. THE PERTINENT FACTS ARE SET OUT IN THE DECISIONS OF FEBRUARY 9. IT MAY BE STATED THAT THE CLAIMS WERE TRANSMITTED TO OUR OFFICE FOR SETTLEMENT. IT IS STATED THAT INFORMATION OBTAINED FROM THE TRAFFIC AND TRANSPORTATION BRANCH. INDICATED THAT THE SHIPMENTS "COULD NOT HAVE MOVED EXCEPT EXPORT" AND IT WAS SUGGESTED THAT THE SELLERS MAY HAVE REQUESTED A RATE TO BROOKLYN AND NOT TO THE BROOKLYN ARMY TERMINAL. THE RECORD HERE PERTAINING TO THIS MATTER SHOWS THAT THE GOODS WERE TO BE DELIVERED TO THE BROOKLYN ARMY TERMINAL FOR EXPORT AND THAT SUCH WAS THE INTENTION OF ALL GOVERNMENT AGENTS INVOLVED. IT MUST BE CONCLUDED THAT THE QUESTION AS TO THE FREIGHT RATES PAYABLE TO THE RAILROAD IS A MATTER BETWEEN THE SHIPPERS AND THE RAILROAD AND THAT THE CONTRACT PRICES PAYABLE BY THE UNITED STATES ARE NOT AFFECTED BY THE AMOUNT OF THE FREIGHT CHARGES.

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B-144792, MAY 3, 1961

TO GRINNELL-SHIRTZ MARKETING SERVICE:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 27, 1961, REQUESTING RECONSIDERATION OF OUR DECISIONS OF FEBRUARY 9, 1961, WHICH SUSTAINED GENERAL ACCOUNTING OFFICE SETTLEMENTS DATED OCTOBER 4, 1960, DISALLOWING THE CLAIMS OF GROWERS AND PACKERS COOPERATIVE CANNING COMPANY, INC., SILVER CREEK PRESERVING CORPORATION AND GERVAS CANNING COMPANY, INC., FOR ADDITIONAL FREIGHT CHARGES INCURRED IN THE DELIVERY OF SNAP BEANS TO THE DEPARTMENT OF THE ARMY UNDER NEGOTIATED CONTRACTS.

THE PERTINENT FACTS ARE SET OUT IN THE DECISIONS OF FEBRUARY 9, 1961, AND NEED NOT BE REPEATED HERE. IT MAY BE STATED THAT THE CLAIMS WERE TRANSMITTED TO OUR OFFICE FOR SETTLEMENT, ACCOMPANIED BY ADVERSE RECOMMENDATIONS OF THE DEPARTMENT OF THE ARMY AT VARIOUS LEVELS. IN A MEMORANDUM DATED JUNE 29, 1959, BY THE PURCHASING AGENT, PURCHASING DIVISION, IT IS STATED THAT INFORMATION OBTAINED FROM THE TRAFFIC AND TRANSPORTATION BRANCH, CMSMC, INDICATED THAT THE SHIPMENTS "COULD NOT HAVE MOVED EXCEPT EXPORT" AND IT WAS SUGGESTED THAT THE SELLERS MAY HAVE REQUESTED A RATE TO BROOKLYN AND NOT TO THE BROOKLYN ARMY TERMINAL.

AS SET OUT IN OUR DECISIONS OF FEBRUARY 9, 1961, THE RECORD HERE PERTAINING TO THIS MATTER SHOWS THAT THE GOODS WERE TO BE DELIVERED TO THE BROOKLYN ARMY TERMINAL FOR EXPORT AND THAT SUCH WAS THE INTENTION OF ALL GOVERNMENT AGENTS INVOLVED. THEREFORE, IT MUST BE CONCLUDED THAT THE QUESTION AS TO THE FREIGHT RATES PAYABLE TO THE RAILROAD IS A MATTER BETWEEN THE SHIPPERS AND THE RAILROAD AND THAT THE CONTRACT PRICES PAYABLE BY THE UNITED STATES ARE NOT AFFECTED BY THE AMOUNT OF THE FREIGHT CHARGES.

IT LONG HAS BEEN THE ESTABLISHED RULE OF OUR OFFICE AND THE COURTS THAT THOSE ASSERTING CLAIMS AGAINST THE UNITED STATES HAVE THE BURDEN OF ESTABLISHING THEIR VALIDITY AND THE ACCOUNTING OFFICERS OF THE GOVERNMENT ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS NOT SO ESTABLISHED. LONGWILL V. UNITED STATES, 17 CT.CL. 288, 291; CHARLES V. UNITED STATES, 19 CT.CL. 316, 319; 18 COMP. GEN. 199; 26 ID. 776, 781. THE INSTANT MATTER, THERE APPEARS NO PROPER BASIS FOR ALLOWANCE OF ANY PORTION OF THE CLAIMS ASSERTED. THEREFORE, THE DECISIONS OF FEBRUARY 9, 1961, ARE HEREBY AFFIRMED.

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