B-134324, DEC. 6, 1957

B-134324: Dec 6, 1957

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INC.: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 4. CONSIDERATION HAS BEEN GIVEN TO YOUR CONTENTION THAT THE PROPERTY WAS PLACED IN STORAGE PURSUANT TO THAT PORTION OF PARAGRAPH 8006-1E. IT IS NOTED THAT CONTRACT NO. UNDER WHICH THE SERVICES HERE INVOLVED PURPORTEDLY WERE RENDERED. ANY STORAGE THEREAFTER IS A MATTER BETWEEN THE OWNER AND THE CONTRACTOR.'. EVEN CONCEDING THAT THE HOUSEHOLD GOODS OF SERGEANT NAGY INITIALLY WERE PLACED IN TEMPORARY STORAGE AT YOUR PLANT IN ANTICIPATION OF THEIR EVENTUAL SHIPMENT OVERSEAS. THERE IS PERCEIVED NO LEGAL OR PROPER BASIS UPON WHICH THE GOVERNMENT COULD BE HELD LIABLE FOR STORAGE CHARGES THEREON BEYOND THE SIX -MONTH PERIOD SPECIFIED. IS AFFIRMED.

B-134324, DEC. 6, 1957

TO DEAN VAN LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 4, 1957, IN EFFECT, REQUESTING REVIEW OF OFFICE SETTLEMENT DATED NOVEMBER 26, 1956, WHICH DISALLOWED YOUR CLAIM FOR $83.40, COVERING STORAGE OF THE HOUSEHOLD EFFECTS OF SERGEANT MICHAEL NAGY FROM DECEMBER 30, 1954, TO OCTOBER 30, 1955, REPORTEDLY FURNISHED PURSUANT TO CONTRACT NO. DA-04-142 AVI-306, DATED JUNE 28, 1952.

CONSIDERATION HAS BEEN GIVEN TO YOUR CONTENTION THAT THE PROPERTY WAS PLACED IN STORAGE PURSUANT TO THAT PORTION OF PARAGRAPH 8006-1E, JOINT TRAVEL REGULATIONS, WHICH AUTHORIZES THE PLACEMENT OF HOUSEHOLD GOODS OF MILITARY PERSONNEL IN TEMPORARY COMMERCIAL STORAGE WHEN THE "KNOWN FACTS INDICATING THAT SHIPMENT TO AN ASSIGNED OVERSEAS STATION WOULD EVENTUALLY BE PERMITTED.'

HOWEVER THAT MAY BE, IT IS NOTED THAT CONTRACT NO. DA-04-142 AVI-306 (WITH THE NATIONAL TRANSFER AND STORAGE COMPANY), UNDER WHICH THE SERVICES HERE INVOLVED PURPORTEDLY WERE RENDERED, CONTAINS THE FOLLOWING LIMITATION:

"23. STORAGE LIMITS. GOODS REMAINING IN STORAGE BEYOND A SIX (6) MONTHS' PERIOD CEASE TO RELATE TO THIS AGREEMENT, AND ANY STORAGE THEREAFTER IS A MATTER BETWEEN THE OWNER AND THE CONTRACTOR.'

SO, EVEN CONCEDING THAT THE HOUSEHOLD GOODS OF SERGEANT NAGY INITIALLY WERE PLACED IN TEMPORARY STORAGE AT YOUR PLANT IN ANTICIPATION OF THEIR EVENTUAL SHIPMENT OVERSEAS, IN VIEW OF THE CONTRACTUAL PROVISION ABOVE QUOTED, THERE IS PERCEIVED NO LEGAL OR PROPER BASIS UPON WHICH THE GOVERNMENT COULD BE HELD LIABLE FOR STORAGE CHARGES THEREON BEYOND THE SIX -MONTH PERIOD SPECIFIED.

ACCORDINGLY, UPON THE BASIS OF THE FACTS PRESENTLY OF RECORD, OUR SETTLEMENT OF NOVEMBER 26, 1956, DISALLOWING YOUR CLAIM, IS AFFIRMED.