B-135993, MAY 12, 1958

B-135993: May 12, 1958

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SINCE YOUR PREVIOUS PROTEST CONCERNING A GENERAL ACCOUNTING OFFICE STATEMENT OF OVERPAYMENT (FORM 1003) STATED AGAINST YOUR COMPANY IN THE AMOUNT OF $113.06 WAS DECLINED BY OUR TRANSPORTATION DIVISION. YOU HAVE REQUESTED RECONSIDERATION BY THE COMPTROLLER GENERAL. 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. PROCEDURES FOR RECONSIDERATION AND REVIEW OF TRANSPORTATION CLAIM SETTLEMENTS ARE OUTLINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS.

B-135993, MAY 12, 1958

TO LEE WAY MOTOR FREIGHT, INC.:

YOUR LETTER OF APRIL 25, 1958, FILE G-954, HAS BEEN RECEIVED. SINCE YOUR PREVIOUS PROTEST CONCERNING A GENERAL ACCOUNTING OFFICE STATEMENT OF OVERPAYMENT (FORM 1003) STATED AGAINST YOUR COMPANY IN THE AMOUNT OF $113.06 WAS DECLINED BY OUR TRANSPORTATION DIVISION, YOU HAVE REQUESTED RECONSIDERATION BY THE COMPTROLLER GENERAL.

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. 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.'

IT MAY BE NOTED THAT IN CASES OF THIS KIND THE PERTINENT PAPERS ARE FREQUENTLY SUBMITTED HERE BY OUR TRANSPORTATION DIVISION FOR A DETERMINATION OF THE PROPRIETY OF THE AUDIT ACTION TAKEN, IN WHICH EVENT APPROPRIATE INSTRUCTIONS WILL BE ISSUED IN THE LIGHT OF THE RECORD AND THE APPLICABLE ..END :