B-137145, OCT 13, 1958

B-137145: Oct 13, 1958

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HEADNOTE-UNAVAILABLE PRECIS-UNAVAILABLE GENERAL FOODS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4. THE CLAIM WAS TRANSMITTED HERE BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER. IT WAS DISALLOWED BY THE SETTLEMENT OF JULY 25. THE FILE SHOWS THAT 34 FOOD ITEMS WERE ORDERED FROM YOU UNDER THE REFERRED-TO PURCHASE ORDERS. SUCH GOODS AS WERE DELIVERED WERE TRANSPORTED BY CONSOLIDATED FREIGHTWAYS AND ITS FREIGHT BILL PRO NO. 300- 372443 COVERING 301 CONTAINERS WAS RECEIPTED BY STAFF SERGEANT WIDGINE. THE SHORTAGES LISTED IN THE SETTLEMENT WERE DISCOVERED. THE COUNT WAS MADE PROMPTLY AFTER RECEIPT OF THE GOODS AND THE AMOUNT OF THE SHORTAGE WAS DEDECTED FROM THE PAYMENT MADE. IT LONG HAS BEEN THE ESTABLISHED RULE OF OUR OFFICE AND THE COURTS THAT THOSE ASSERTING CLAIMS AGAINST THE UNITED STATES HAVE THE BURDEN OF ESTABLISHING THEIR VALIDITY AND THE ACCOUNTING OFFICERS ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS NOT SO ESTABLISHED.

B-137145, OCT 13, 1958

HEADNOTE-UNAVAILABLE PRECIS-UNAVAILABLE

GENERAL FOODS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 4, 1958, REQUESTING RECONSIDERATION OF OFFICE SETTLEMENT DATED JULY 25, 1958, WHICH DISALLOWED YOUR CLAIM IN THE AMOUNT OF $131.57 FOR AMOUNTS DEDUCTED FROM YOUR INVOICES NOS. 124485 AND 203915 BECAUSE OF SHORTAGES IN SUPPLIES FURNISHED TO MOUNTAIN HOME AIR FORCE BASE, IDAHO, UNDER PURCHASE ORDERS NOS. AF(10- 603)-4862 AND AF(10-603)-57-4863, DATED JUNE 6, 1957.

THE CLAIM WAS TRANSMITTED HERE BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, UNDER DATE OF JUNE 17, 1958, ADMINISTRATIVELY DISAPPROVED. IT WAS DISALLOWED BY THE SETTLEMENT OF JULY 25, 1958, FOR THE REASONS THEREIN STATED.

THE FILE SHOWS THAT 34 FOOD ITEMS WERE ORDERED FROM YOU UNDER THE REFERRED-TO PURCHASE ORDERS. SUCH GOODS AS WERE DELIVERED WERE TRANSPORTED BY CONSOLIDATED FREIGHTWAYS AND ITS FREIGHT BILL PRO NO. 300- 372443 COVERING 301 CONTAINERS WAS RECEIPTED BY STAFF SERGEANT WIDGINE. HOWEVER, IN MAKING AN ITEMIZED COUNT OF THE SHIPMENT--WHICH CONTAINED NEARLY 7,000 PACKAGES OF FOOD --THE SHORTAGES LISTED IN THE SETTLEMENT WERE DISCOVERED. THE COUNT WAS MADE PROMPTLY AFTER RECEIPT OF THE GOODS AND THE AMOUNT OF THE SHORTAGE WAS DEDECTED FROM THE PAYMENT MADE. THE COMMISSARY OFFICER CONFIRMED THE SHORTAGE BY TAKING AN INVENTORY OF STOCK AND BY MAKING A RECAPITULATION OF THE MONTHLY CONSUMPTION OF THE ITEMS INVOLVED IN THE SHORTAGE.

IT LONG HAS BEEN THE ESTABLISHED RULE OF OUR OFFICE AND THE COURTS THAT THOSE ASSERTING CLAIMS AGAINST THE UNITED STATES HAVE THE BURDEN OF ESTABLISHING THEIR VALIDITY AND THE ACCOUNTING OFFICERS ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS NOT SO ESTABLISHED. LONGVILL V. UNITED STATES, 17 C. CLS. 288, 291; CHARLES V. UNITED STATES, 19 C. CLS. 316, 319; 18 COMP. GEN. 199.

FOR THE REASONS ABOVE INDICATED, IT IS CONCLUDED THAT THERE IS NO LEGAL BASIS FOR ALLOWANCE BY THIS OFFICE OF ANY PART OF THE CLAIM. ACCORDINGLY, THE SETTLEMENT OF JULY 25, 1958, DISALLOWING THE CLAIM, HEREBY IS SUSTAINED.