B-136874, AUG. 5, 1958

B-136874, AUG. 5, 1958

TO T. S. C. MOTOR FREIGHT LINES, INC.:

WE HAVE YOUR LETTER OF JULY 16, 1958, WITH ENCLOSURES, YOUR CLAIM 58-582, IN WHICH YOU REQUEST REVIEW, BY THE COMPTROLLER GENERAL, OF THE GENERAL ACCOUNTING OFFICE NOTICE OF OVERPAYMENT (FORM 1003) STATED AGAINST YOUR COMPANY ON GOVERNMENT BILL OF LADING AF-4444888. YOUR PROTEST OF THIS OVERCHARGE CLAIM WAS PREVIOUSLY DECLINED BY OUR TRANSPORTATION DIVISION.

UNDER OUR EXISTING PROCEDURES NOTICES OF OVERPAYMENT ARE NOT ORDINARILY REVIEWABLE BY THE COMPTROLLER GENERAL SINCE NO "FINAL ACTION," SUCH AS BY SETTLEMENT CERTIFICATE, HAS BEEN TAKEN. THEREFORE, WE ARE REFERRING YOUR LETTER TO OUR TRANSPORTATION DIVISION FOR FURTHER EXAMINATION AND SETTLEMENT IN VIEW OF YOUR PRESENT ALLEGATIONS. IT IS POSSIBLE THAT THEIR FURTHER EXAMINATION WILL RESULT IN SUBMISSION TO US FOR INSTRUCTIONS AS TO THE DISPOSITION OF THE MATTER.

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.'