B-140574, SEP. 8, 1959

B-140574: Sep 8, 1959

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THE CLAIMANT STATES THAT THE ORIGINAL LOCAL SERVICE AND EQUIPMENT CHARGES WERE PAID BEFORE THE AMERICAN FORCES LEFT EGYPT. THAT OTHER ADDITIONAL CHARGES ARE STILL UNPAID. IT APPEARS THAT NO RECORD HAS BEEN LOCATED SHOWING WHETHER THE CLAIM HAD PREVIOUSLY BEEN PRESENTED TO THE ADMINISTRATIVE AGENCY FOR PAYMENT OR THAT SUCH CHARGES WERE PROPERLY PAYABLE. THE CLAIMANT'S FAILURE TO PRESENT ITS CLAIM UNTIL MORE THAN TEN YEARS AFTER THE SERVICES WERE ALLEGEDLY RENDERED RESULTS IN A SITUATION WHEREBY THE GOVERNMENT IS PLACED IN A TENUOUS POSITION TO DETERMINE THE MERITS OF THE CLAIM. IRRESPECTIVE OF WHETHER THE CLAIM FOR SERVICES ALLEGEDLY RENDERED DURING THE PERIOD 1942 THROUGH 1946 IS MERITORIOUS.

B-140574, SEP. 8, 1959

TO THE SECRETARY OF STATE:

BY LETTER OF AUGUST 19, 1959, MR. BERNARD DORR, CHIEF, MILITARY LIAISON BRANCH, DIVISION OF INTELLIGENCE COLLECTION AND DISTRIBUTION, TRANSMITTED HERE THE CLAIM OF THE EGYPTIAN STATE TELEPHONE AND TELEGRAPH DEPARTMENT FOR PAYMENT OF TELEPHONE SERVICES ALLEGEDLY FURNISHED THE UNITED STATES ARMED FORCES IN EGYPT DURING WORLD WAR II.

THE CLAIMANT STATES THAT THE ORIGINAL LOCAL SERVICE AND EQUIPMENT CHARGES WERE PAID BEFORE THE AMERICAN FORCES LEFT EGYPT, BUT THAT OTHER ADDITIONAL CHARGES ARE STILL UNPAID. THE DEPARTMENT OF THE ARMY HAS BEEN UNABLE TO VERIFY FROM AVAILABLE RECORDS THE DATA SUBMITTED BY THE CLAIMANT, AS AN ITEMIZATION OF THE ADDITIONAL CHARGES. IT APPEARS THAT NO RECORD HAS BEEN LOCATED SHOWING WHETHER THE CLAIM HAD PREVIOUSLY BEEN PRESENTED TO THE ADMINISTRATIVE AGENCY FOR PAYMENT OR THAT SUCH CHARGES WERE PROPERLY PAYABLE.

THE CLAIMANT'S FAILURE TO PRESENT ITS CLAIM UNTIL MORE THAN TEN YEARS AFTER THE SERVICES WERE ALLEGEDLY RENDERED RESULTS IN A SITUATION WHEREBY THE GOVERNMENT IS PLACED IN A TENUOUS POSITION TO DETERMINE THE MERITS OF THE CLAIM. IRRESPECTIVE OF WHETHER THE CLAIM FOR SERVICES ALLEGEDLY RENDERED DURING THE PERIOD 1942 THROUGH 1946 IS MERITORIOUS, HOWEVER, IT WAS RECEIVED IN OUR OFFICE ON AUGUST 21, 1959, OR MORE THAN TEN YEARS AFTER IT FIRST ACCRUED. IT THEREFORE IS CLEARLY BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A, WHICH PRECLUDES CONSIDERATION OF CLAIMS BY THE GENERAL ACCOUNTING OFFICE UNLESS RECEIVED HERE WITHIN TEN YEARS ..END :