B-132369, OCT. 1, 1957

B-132369: Oct 1, 1957

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TO THE BLUE AND GRAY TRANSPORTATION COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 17. YOU WERE INFORMED THAT THE PAPERS WERE BEING SUBMITTED TO OUR TRANSPORTATION DIVISION FOR INVESTIGATION AND HANDLING. THAT YOU WOULD BE ADVISED AS TO THE MERITS OF YOUR CLAIM WHEN THE RECORD WAS ASSEMBLED. OUR TRANSPORTATION DIVISION HAS RETURNED THE FILE WITH THE INFORMATION THAT THEY HAVE NO RECORDS CONCERNING THIS MATTER WHICH IS FOR PRIMARY CONSIDERATION BY THE DEPARTMENT OF THE ARMY. WE HAVE NO ADMINISTRATIVE ADVICE UPON WHICH THE SITUATION AS PRESENTED BY YOU CAN BE VERIFIED OR EVALUATED. YOU HAVE STATED THAT "THEY HAVE DEDUCTED THIS AMOUNT FROM OUR FREIGHT CHARGES DUE THIS MPANY. IT IS NOTED THAT THE RECORD YOU SUBMITTED PREVIOUSLY BEARS NO REFERENCE TO A DEDUCTION ACTION BY THE ARMY.

B-132369, OCT. 1, 1957

TO THE BLUE AND GRAY TRANSPORTATION COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 17, 1957, FILE CLAIM 84, CONCERNING THE CLAIM PAPERS SUBMITTED TO US WITH YOUR LETTER OF JUNE 24, 1957. YOU WERE INFORMED THAT THE PAPERS WERE BEING SUBMITTED TO OUR TRANSPORTATION DIVISION FOR INVESTIGATION AND HANDLING, AND THAT YOU WOULD BE ADVISED AS TO THE MERITS OF YOUR CLAIM WHEN THE RECORD WAS ASSEMBLED.

OUR TRANSPORTATION DIVISION HAS RETURNED THE FILE WITH THE INFORMATION THAT THEY HAVE NO RECORDS CONCERNING THIS MATTER WHICH IS FOR PRIMARY CONSIDERATION BY THE DEPARTMENT OF THE ARMY. THE ARMY HAS NOT SUBMITTED ANY RECORD ON THE TRANSACTION TO OUR OFFICE, AND WE HAVE NO ADMINISTRATIVE ADVICE UPON WHICH THE SITUATION AS PRESENTED BY YOU CAN BE VERIFIED OR EVALUATED.

YOU HAVE STATED THAT "THEY HAVE DEDUCTED THIS AMOUNT FROM OUR FREIGHT CHARGES DUE THIS MPANY," PRESUMABLY MEANING THAT THE DEPARTMENT OF THE ARMY HAS SETOFF THE AMOUNT DETERMINED TO BE DUE FOR THE LOSS AGAINST FREIGHT CHARGES DUE FOR OTHER TRANSPORTATION SERVICES PERFORMED BY YOUR COMPANY. IT IS NOTED THAT THE RECORD YOU SUBMITTED PREVIOUSLY BEARS NO REFERENCE TO A DEDUCTION ACTION BY THE ARMY. IN THE ABSENCE OF SUCH A DEDUCTION OR REFERRAL OF THE MATTER BY THE ARMY TO US FOR DISPOSITION, THE QUESTION OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES IS NOT PROPERLY BEFORE OUR OFFICE.

IN THE EVENT OF A DEDUCTION BY THE ARMY YOU ARE INFORMED THAT BEFORE WE CAN ASK THE ARMY FOR A REPORT IT WILL BE NECESSARY THAT YOU SUBMIT YOUR CLAIM HERE FOR THE AMOUNT DEDUCTED, GIVING FULL REFERENCE TO THE PAYMENT VOUCHER (BY IDENTIFYING THE GOVERNMENT DISBURSING OFFICER INVOLVED, THE VOUCHER NUMBER, AND DATE OF PAYMENT) FROM WHICH THE DEDUCTION WAS MADE AND SETTING FORTH YOUR REASONS FOR DISPUTING THE ACTION TAKEN BY THE ARMY. WILL THEN BE IN A POSITION TO CONSIDER THE MATTER AND TO MAKE OUR DETERMINATION AS TO THE PROPRIETY OF YOUR CLAIM.

THE PAPERS SUBMITTED WITH YOUR LETTER OF JUNE 24, 1957, ARE RETURNED HEREWITH.