B-135992, MAY 12, 1958
Highlights
TO CAROLINA FREIGHT CARRIERS CORPORATION: WE HAVE YOUR LETTER OF APRIL 25. WHICH IS A FIRST AMENDED NOTICE OF OVERPAYMENT DATED APRIL 18. THE OVERCHARGE CLAIM ON THE SHIPMENT IN QUESTION WAS THEN INCREASED TO $458.07. SINCE IT APPEARS THAT NO SETTLEMENT ACTION HAS BEEN TAKEN ON THE OVERCHARGE CLAIM WE ARE REFERRING YOUR REQUEST TO OUR TRANSPORTATION DIVISION FOR FURTHER EXAMINATION AND SETTLEMENT. IT FREQUENTLY HAPPENS THAT A MATTER OF THIS KIND IS MADE THE SUBJECT OF A SUBMISSION HERE BY THE DIVISION FOR INSTRUCTIONS AS TO THE PROPER ACTION TO BE TAKEN. PROCEDURES FOR RECONSIDERATION AND REVIEW OF TRANSPORTATION CLAIM SETTLEMENTS ARE OUTLINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS.
B-135992, MAY 12, 1958
TO CAROLINA FREIGHT CARRIERS CORPORATION:
WE HAVE YOUR LETTER OF APRIL 25, 1958, WITH ENCLOSURES, YOUR CLAIM NO. 058-8, PRO.NO. 945301, CONCERNING A GENERAL ACCOUNTING OFFICE NOTICE OF OVERPAYMENT (FORM 1003) STATED AGAINST YOUR COMPANY FOR $521.46. YOU REQUEST REVIEW BY THE COMPTROLLER GENERAL OF THE UNITED STATES OF THAT PORTION OF THE OVERCHARGE CLAIM PERTAINING TO A SHIPMENT UNDER GOVERNMENT BILL OF LADING NO. AF-5599511.
IT APPEARS THAT OUR TRANSPORTATION DIVISION ORIGINALLY STATED A FORM 1003 AGAINST YOUR COMPANY ON THE SHIPMENT IN QUESTION IN THE AMOUNT OF $428.14. YOU ENCLOSE A COPY OF A LETTER DATED JANUARY 17, 1958, TO OUR TRANSPORTATION DIVISION PROTESTING THIS OVERCHARGE CLAIM. YOU ALSO ENCLOSE A COPY OF THE FORM 1003, IN THE AMOUNT OF $521.46, WHICH IS A FIRST AMENDED NOTICE OF OVERPAYMENT DATED APRIL 18, 1958. THE OVERCHARGE CLAIM ON THE SHIPMENT IN QUESTION WAS THEN INCREASED TO $458.07.
SINCE IT APPEARS THAT NO SETTLEMENT ACTION HAS BEEN TAKEN ON THE OVERCHARGE CLAIM WE ARE REFERRING YOUR REQUEST TO OUR TRANSPORTATION DIVISION FOR FURTHER EXAMINATION AND SETTLEMENT. IT FREQUENTLY HAPPENS THAT A MATTER OF THIS KIND IS MADE THE SUBJECT OF A SUBMISSION HERE BY THE DIVISION FOR INSTRUCTIONS AS TO THE PROPER ACTION TO BE TAKEN.
PROCEDURES FOR RECONSIDERATION AND REVIEW OF TRANSPORTATION CLAIM SETTLEMENTS ARE OUTLINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS, 1957 SUPPLEMENT, SUBCHAPTER D, PART 55. FOR YOUR READY REFERENCE WE QUOTE SECTION 55.2 THEREOF:
"REVIEW BY THE COMPTROLLER GENERAL OF THE UNITED STATES. IF THE CLAIMANT DESIRES A REVIEW OF THE FINAL ACTION TAKEN BY THE TRANSPORTATION DIVISION UPON SETTLEMENT, HE MAY REQUEST REVIEW BY THE COMPTROLLER GENERAL. THE REQUEST SHOULD BE ADDRESSED TO THE COMPTROLLER GENERAL OF THE UNITED STATES, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., AND SHOULD SET FORTH IN DETAIL THE LEGAL, TECHNICAL, AND FACTUAL REASONS URGED AS WARRANTING REVISION OF THE ACTION TAKEN.'
SEE, ALSO, SECTIONS 5030 (PROTESTS TO STATED OVERPAYMENTS) AND 6060 (RECONSIDERATION AND REVIEW OF GENERAL ACCOUNTING OFFICE TRANSPORTATION CLAIM SETTLEMENTS) OF TITLE 5 OF OUR POLICY AND PROCEDURES MANUAL TO WHICH YOU REFER IN YOUR LETTER OF APRIL 25, 1958.