B-140838, JUN. 8, 1960

B-140838, JUN. 8, 1960

TO THE RYDER TRUCK LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1960, FILE GOV. O/C BILL 599- 58 T-GAO-A-483500, 5/58-A, REGARDING THAT PORTION OF DECISION DATED MAY 10, 1960, B-140838, WHICH SUSTAINED THE AUDIT ACTION TAKEN ON THE SHIPMENTS MOVING UNDER GOVERNMENT BILLS OF LADING AF-7932485 AND AF- 8071096. WITHOUT SUBMITTING ANY ADDITIONAL INFORMATION OR EVIDENCE, YOU REQUEST THAT COLLECTION ACTION BE HELD IN ABEYANCE PENDING THE ASSEMBLING AND SUBMISSION BY YOU OF ADDITIONAL EVIDENCE TO SUPPORT THE ORIGINAL PAYMENT MADE TO YOU FOR CONCLUSIVE USE OF THE VEHICLES INVOLVED IN THESE SHIPMENTS.

UNDER OUR EXISTING PROCEDURES, NOTICES OF OVERPAYMENT ORDINARILY ARE NOT REVIEWABLE BY THE COMPTROLLER GENERAL, SINCE NO FINAL ACTION AS BY SETTLEMENT CERTIFICATE HAS BEEN TAKEN ON THE OVERCHARGE CLAIMS. APPEARS THAT NO SETTLEMENT ACTION HAS BEEN TAKEN ON THESE CLAIMS AND YOU HAVE PRESENTED NO ADDITIONAL EVIDENCE WHICH MIGHT BE REFERRED TO OUR TRANSPORTATION DIVISION FOR CONSIDERATION. THE PROCEDURES FOR PROTESTING STATED OVERPAYMENTS IS CONTAINED IN TITLE 5, SECTION 5030 (PROTESTS TO STATED OVERPAYMENTS) OF OUR POLICY AND PROCEDURES MANUAL WHICH PROVIDES AS FOLLOWS:

"5030.10 SUBMISSION AND DISPOSITION OF PROTESTS. WHILE EACH GAO FORM 1003 REQUESTS PROMPT REFUND OF AMOUNTS DETERMINED TO BE DUE THE UNITED STATES, CARRIERS MAY ON OCCASION DISAGREE IN WHOLE OR IN PART WITH THE AMOUNT CLAIMED TO BE DUE. IN SUCH INSTANCES, A LETTER OF PROTEST MAY BE SUBMITTED TO THE TRANSPORTATION DIVISION, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., ACCOMPANIED BY A CHECK FOR THE AMOUNT CONSIDERED TO BE PROPERLY DUE THE UNITED STATES. PROTESTS MUST BE SUBMITTED PROMPTLY; OTHERWISE, FURTHER COLLECTION PROCEEDINGS WILL BE INSTITUTED.

"IT IS NOT SUFFICIENT THAT A CARRIER MERELY PROTEST IN SO MANY WORDS; EACH PROTEST SHOULD SET FORTH FULLY THE BASIS RELIED UPON TO SUPPORT THE CARRIER'S POSITION AND THERE SHOULD BE FURNISHED ORIGINALS OR CERTIFIED COPIES OF ANY ADDITIONAL DOCUMENTS WHICH ARE RELIED UPON TO FURTHER SUBSTANTIATE THE PROTEST. WHILE PROMPT SUBMISSION OF A PROPER PROTEST HAS THE EFFECT OF DEFERRING COLLECTION ACTION, UNSUBSTANTIATED PROTESTS OR REPETITIOUS PROTESTS OF THE SAME ITEM TO WHICH CONSIDERATION HAS PREVIOUSLY BEEN ACCORDED WILL BE INEFFECTIVE FOR THAT PURPOSE.

SINCE NO NEW EVIDENCE HAS BEEN PRODUCED BY YOU IN SUPPORT OF YOUR PROTEST, IT WOULD NOT BE PROPER ON THE PRESENT RECORD TO DEFER, PENDING YOUR SUBMITTING ADDITIONAL EVIDENCE, COLLECTION ACTION AS CONTEMPLATED AND AUTHORIZED BY SECTION 322 OF THE ACT OF SEPTEMBER 18, 1940, 54 STAT. 955, AS AMENDED, 49 U.S.C. 66. HOWEVER, CONSIDERATION WILL BE GIVEN TO ANY ADDITIONAL EVIDENCE YOU CARE TO SUBMIT TO ESTABLISH THE PROPRIETY OF THE EXCLUSIVE USE CHARGES, AND, IF SUCH EVIDENCE IS CONSIDERED SATISFACTORY, NO DEDUCTION WILL BE MADE OF THE INVOLVED AMOUNT, IF AT THE TIME SUCH EVIDENCE IS RECEIVED, THE AMOUNT HAS NOT YET BEEN COLLECTED BY DEDUCTION. IF DEDUCTION OF THE AMOUNT THEN HAS BEEN EFFECTED, CONSIDERATION WILL BE GIVEN TO A CLAIM FROM YOU FOR REFUND OF THE AMOUNT DEDUCTED.