B-140558, AUG. 15, 1960

B-140558: Aug 15, 1960

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JULY 18. WHICH WAS THE SUBJECT OF OUR LETTER OF MAY 16. CONCERNING THESE SHIPMENTS WHICH YOU ALLEGE REPRESENT "FINAL ACTION" IN THE MATTER AND YOU THEREFORE REQUEST REVIEW OF THE MATTER BY THE COMPTROLLER GENERAL NOTWITHSTANDING THE PROVISIONS OF THE CODE OF FEDERAL REGULATIONS WHICH WERE QUOTED IN PERTINENT PART IN OUR LETTER OF MAY 16. WHILE THE FILES PERTAINING TO THESE PARTICULAR TRANSACTIONS ARE NOT BEFORE US FOR EXAMINATION AT THIS TIME. THE AVAILABLE RECORD INDICATES THAT YOUR REQUEST FOR REVIEW IS PREMATURE. FROM THE TRANSPORTATION DIVISION MERELY ADVISES THAT YOU HAVE NOT FURNISHED ANY INFORMATION NOT PREVIOUSLY CONSIDERED TO ADEQUATELY SUPPORT THE AMOUNTS ORIGINALLY PAID AND THAT.

B-140558, AUG. 15, 1960

TO STRICKLAND TRANSPORTATION COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JULY 18, 1960, WITH ENCLOSURES, REGARDING THE AUDIT ACTION TAKEN ON YOUR BILL NO. 708-7/58-A, GAO 8515 59, AND 35 OTHERS, FOR TRANSPORTATION CHARGES ON SHIPMENTS OF INTERNAL COMBUSTION ENGINES, RADIAL AND/OR JET PROPULSION TYPE, WHICH WAS THE SUBJECT OF OUR LETTER OF MAY 16, 1960, B-140558. YOU ENCLOSED A COPY OF A LETTER DATED JULY 14, 1960, FROM THE ASSISTANT DIRECTOR, TRANSPORTATION DIVISION, CONCERNING THESE SHIPMENTS WHICH YOU ALLEGE REPRESENT "FINAL ACTION" IN THE MATTER AND YOU THEREFORE REQUEST REVIEW OF THE MATTER BY THE COMPTROLLER GENERAL NOTWITHSTANDING THE PROVISIONS OF THE CODE OF FEDERAL REGULATIONS WHICH WERE QUOTED IN PERTINENT PART IN OUR LETTER OF MAY 16, 1960.

WHILE THE FILES PERTAINING TO THESE PARTICULAR TRANSACTIONS ARE NOT BEFORE US FOR EXAMINATION AT THIS TIME, THE AVAILABLE RECORD INDICATES THAT YOUR REQUEST FOR REVIEW IS PREMATURE. THE LETTER OF JULY 14, 1960, FROM THE TRANSPORTATION DIVISION MERELY ADVISES THAT YOU HAVE NOT FURNISHED ANY INFORMATION NOT PREVIOUSLY CONSIDERED TO ADEQUATELY SUPPORT THE AMOUNTS ORIGINALLY PAID AND THAT, IF YOU DECLINE TO MAKE THE REQUESTED REFUNDS, COLLECTIONS OF THE OVERCHARGES AS ADMINISTRATIVELY DETERMINED WILL BE MADE FROM FUNDS OTHERWISE DUE YOUR COMPANY PURSUANT TO 49 U.S.C.A. 66 (1960 CUMULATIVE ANNUAL POCKET PART). IF AND WHEN SUCH DEDUCTIONS ARE MADE, YOUR COMPANY WILL BE PRIVILEGED TO FILE A SUPPLEMENTAL BILL WITH THE TRANSPORTATION DIVISION OF THE GENERAL ACCOUNTING OFFICE TO RECOVER OR RECLAIM ALL OR ANY PART OF THE AMOUNTS SO DEDUCTED AND SUCH BILL WILL BE MADE THE SUBJECT OF A SETTLEMENT CERTIFICATE PREPARED IN THE TRANSPORTATION DIVISION, THUS EVIDENCING ITS FINAL ACTION ON YOUR CLAIMS. IF YOU DO NOT AGREE WITH THE FINAL ACTION SO TAKEN WITH RESPECT TO YOUR CLAIMS, THEN THE MATTER MAY BE SUBMITTED TO THE COMPTROLLER GENERAL FOR A REVIEW OF THIS FINAL ACTION TAKEN IN THE TRANSPORTATION DIVISION SETTING FORTH IN DETAIL THE LEGAL, TECHNICAL AND FACTUAL REASONS URGED AS WARRANTING REVISION OF THE ACTION TAKEN. THIS IS THE PROCEDURE CONTEMPLATED BY THE PROVISIONS OF SECTION 55.2 OF PART 55, TITLE 4 OF THE CODE OF FEDERAL REGULATIONS,1960 SUPPLEMENT, SUBCHAPTER D. AS PERTINENT TO THIS MATTER IT MAY BE OBSERVED THAT THE PROVISIONS OF THE CITED SECTION 55.2 ARE PERMISSIVE RATHER THAN MANDATORY, IN THAT THERE IS NO STATUTE GIVING A CLAIMANT A VESTED RIGHT TO HAVE A SETTLEMENT OF THE GENERAL ACCOUNTING OFFICE REVIEWED BY THE COMPTROLLER GENERAL. 21 COMP. GEN. 244.

IT MAY BE NOTED THAT WITH OUR LETTER OF MAY 16, 1960, YOU WERE FURNISHED A COPY OF DECISION DATED JANUARY 7, 1960, B-140079, 39 COMP. GEN. 501, SETTING FORTH OUR POSITION WITH RESPECT TO A SHIPMENT APPARENTLY SIMILAR TO THOSE HERE INVOLVED AND YOUR INSTANT LETTER CONTAINS NOTHING WHICH WOULD WARRANT ANY CHANGE THEREIN. WITH RESPECT TO WITHHOLDING DEDUCTION ACTION, SEE OUR LETTER OF TODAY, B-143594, TO YOU, OUTLINING THE REASONS WE WOULD NOT BE WARRANTED IN MODIFYING OUR PROCEDURES TO RECOVER BY DEDUCTION THE AMOUNTS DEEMED TO HAVE BEEN IMPROPERLY PAID. A COPY OF SUCH LETTER IS ATTACHED.