B-137815, APR 28, 1959

B-137815: Apr 28, 1959

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WERE REFERRED TO US FOR REPLY CONCERNING YOUR CLAIM FOR REFUND OF $558.83 WHICH WAS DISALLOWED FOR THE REASONS STATED IN OUR SETTLEMENT DATED JUNE 24. THAT SUM WAS COLLECTED FROM YOU BY THE BROOKLYN ARMY TERMINAL COVERING PORT HANDLING ($83.37). IN LIGHT OF THE DEPARTMENT'S EXPLANATION OF THE COMPUTATION OF THE AMOUNTS WHICH WOULD HAVE BEEN CHARGEABLE TO THE GOVERNMENT ON ACCOUNT OF THE RETURNABLE CONTAINERS (CONEX TRANSPORTERS) IN WHICH YOUR PROPERTY WAS SHIPPED. IT APPEARS THAT THE OCEAN FREIGHT AND PORT HANDLING COSTS WHICH WERE BASED UPON VOLUME ($200.91 AND $83.37. A TOTAL OF $284.28) PROPERLY ARE CHARGEABLE TO THE GOVERNMENT. APPENDIX B - YOU ARE INFORMED THAT WHEN THE CHARGES FOR LAND TRANSPORTATION OF HOUSEHOLD GOODS ARE BASED ON GROSS WEIGHT IT CONSISTENTLY HAS BEEN HELD BY OUR OFFICE THAT THE GROSS WEIGHT MUST BE USED IN DETERMINING WHETHER EXCESS WEIGHT IS INVOLVED.

B-137815, APR 28, 1959

PRECIS-UNAVAILABLE

ALBERT E. MUMMA:

YOUR LETTER OF OCTOBER 15, 1958 AND ENCLOSURES, ADDRESSED TO THE PRESIDENT, WERE REFERRED TO US FOR REPLY CONCERNING YOUR CLAIM FOR REFUND OF $558.83 WHICH WAS DISALLOWED FOR THE REASONS STATED IN OUR SETTLEMENT DATED JUNE 24, 1958, X1-867-012.

THAT SUM WAS COLLECTED FROM YOU BY THE BROOKLYN ARMY TERMINAL COVERING PORT HANDLING ($83.37), OCEAN TRANSPORTATION ($200.91), AND LAND TRANSPORTATION FROM BROOKLYN TO SACRAMENTO ($274.05) ON ACCOUNT OF THE EXCESS GROSS WEIGHT (3,509 POUNDS) OF YOUR HOUSEHOLD GOODS AS PACKED, CRATED AND SHIPPED DURING 1957 FROM HEADQUARTERS, NOUASSEUR AIR BASE, MOROCCO, TO SACRAMENTO, CALIFORNIA, UNDER ORDERS NO. LTRO 490 DATED JUNE 14, 1957. UPON RECEIPT HERE OF YOUR LETTER AND ENCLOSURES WE REQUESTED A FURTHER REPORT FROM THE DEPARTMENT OF THE AIR FORCE. IN LIGHT OF THE DEPARTMENT'S EXPLANATION OF THE COMPUTATION OF THE AMOUNTS WHICH WOULD HAVE BEEN CHARGEABLE TO THE GOVERNMENT ON ACCOUNT OF THE RETURNABLE CONTAINERS (CONEX TRANSPORTERS) IN WHICH YOUR PROPERTY WAS SHIPPED, IT APPEARS THAT THE OCEAN FREIGHT AND PORT HANDLING COSTS WHICH WERE BASED UPON VOLUME ($200.91 AND $83.37; A TOTAL OF $284.28) PROPERLY ARE CHARGEABLE TO THE GOVERNMENT.

CONCERNING THE PROVISIONS OF EXECUTIVE ORDER NO. 9805 - REFERRED TO BY YOU AS AIR FORCE MANUAL 40-10, SECTION 17, TITLE III, APPENDIX B - YOU ARE INFORMED THAT WHEN THE CHARGES FOR LAND TRANSPORTATION OF HOUSEHOLD GOODS ARE BASED ON GROSS WEIGHT IT CONSISTENTLY HAS BEEN HELD BY OUR OFFICE THAT THE GROSS WEIGHT MUST BE USED IN DETERMINING WHETHER EXCESS WEIGHT IS INVOLVED. IN SUCH CASES COSTS ARE FOR DETERMINATION UPON THE BASIS OF THE GROSS WEIGHT.

THEREFORE, IN DUE COURSE, A SETTLEMENT WILL BE ISSUED IN YOUR FAVOR FOR THE SUM OF $284.28. OTHERWISE, THE SETTLEMENT OF JUNE 24, 1958, DISALLOWING THE AMOUNT OF $274.05 - WHICH REPRESENTS THE OVERLAND TRANSPORTATION EXCESS COSTS COMPUTED UPON THE GROSS WEIGHT INVOLVED - IS SUSTAINED.