B-156879, JUL. 1, 1965

B-156879: Jul 1, 1965

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 13. THE CLAIM WAS DISALLOWED BY SETTLEMENT CERTIFICATE DATED MAY 7. YOU ADMIT THAT YOU MAY HAVE MADE SOME ERRORS IN RECONCILING CERTAIN ORDERS AND CHECKS THAT MIGHT HAVE BEEN ASSOCIATED WITH THIS CLAIM. YOU ALSO STATE THAT YOU FEEL THE ERRORS COULD HAVE BEEN MADE BY THE POST OFFICE DEPARTMENT AND IT IS QUITE LIKELY THAT THEY OCCURRED DURING THE CHRISTMAS RUSH OF 1962 WHEN THE LOCAL POST OFFICE BORROWED CARS AND TRUCKS FROM THE "POOL" IN LOS ANGELES AND THERE APPEARED TO BE SOME QUESTION AS TO JUST WHERE THE APPLICABLE WORK ORDERS SHOULD BE CHARGED. OUR OFFICE CONSISTENTLY HAS HELD THAT THE BURDEN IS ON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS.

B-156879, JUL. 1, 1965

TO COLLEGE CHEVROLET, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 13, 1965, CONCERNING YOUR CLAIM FOR $54.47 ALLEGED TO REPRESENT AN UNPAID BALANCE OWED TO YOU BY THE POST OFFICE DEPARTMENT FOR REPAIR SERVICES PERFORMED ON CERTAIN DEPARTMENT VEHICLES DURING THE PERIOD FROM 1958 THROUGH JUNE 30, 1963.

THE CLAIM WAS DISALLOWED BY SETTLEMENT CERTIFICATE DATED MAY 7, 1965, OF OUR CLAIMS DIVISION.

IN YOUR LETTER DATED MAY 13, 1965, YOU ADMIT THAT YOU MAY HAVE MADE SOME ERRORS IN RECONCILING CERTAIN ORDERS AND CHECKS THAT MIGHT HAVE BEEN ASSOCIATED WITH THIS CLAIM. HOWEVER, YOU ALSO STATE THAT YOU FEEL THE ERRORS COULD HAVE BEEN MADE BY THE POST OFFICE DEPARTMENT AND IT IS QUITE LIKELY THAT THEY OCCURRED DURING THE CHRISTMAS RUSH OF 1962 WHEN THE LOCAL POST OFFICE BORROWED CARS AND TRUCKS FROM THE "POOL" IN LOS ANGELES AND THERE APPEARED TO BE SOME QUESTION AS TO JUST WHERE THE APPLICABLE WORK ORDERS SHOULD BE CHARGED.

OUR OFFICE CONSISTENTLY HAS HELD THAT THE BURDEN IS ON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS. SEE 31 COMP. GEN. 340; 23 ID. 907; 18 ID. 980; 17 ID. 831. NO EVIDENCE OF THIS NATURE HAS BEEN FURNISHED BY YOU. MOREOVER, AS STATED IN OUR SETTLEMENT CERTIFICATE DATED MAY 7, 1965, THE POST OFFICE DEPARTMENT REPORTS THAT DURING THE PERIOD FROM 1958 THROUGH JUNE 30, 1963, WHEN YOU WERE PERFORMING THE REPAIR AND MAINTENANCE SERVICE FOR THE DEPARTMENT, SEVERAL HUNDRED WORK ORDERS WERE ISSUED AND PROCESSED FOR PAYMENT AND THAT THE DEPARTMENT'S RECORDS SHOW THAT NONE OF THESE ORDERS REMAIN UNPAID AT THEIR POSTAL DATA CENTER NOR ARE THERE ANY UNPROCESSED WORK ORDERS AT THE CLAREMONT POST OFFICE. FURTHER, IT IS NOTED THAT ON SEVERAL OCCASIONS THE POST OFFICE DEPARTMENT SUGGESTED THAT YOU CITE THE SPECIFIC WORK ORDERS COVERED BY YOUR CLAIM FOR $54.47. NOTWITHSTANDING THAT AN EXTRA COPY OF ALL SUCH ORDERS APPARENTLY WAS FURNISHED TO YOU AS THEY WERE ISSUED AND, PERHAPS A COPY THEREOF ALSO FURNISHED TO YOU WITH EACH PAYMENT, APPARENTLY NO EVIDENCE IN THIS FORM EVER HAS BEEN FURNISHED BY YOU. THE POST OFFICE DEPARTMENT REPORTS FURTHER THAT THE DUPLICATED COPIES OF CERTAIN LEDGER SHEETS, WHICH WERE FURNISHED BY YOU, DO NOT ENABLE THE DEPARTMENT TO IDENTIFY THE CLAIM. THUS, THE RECORD, AS PRESENTED, DOES NOT ESTABLISH BY SATISFACTORY EVIDENCE THE LEGAL LIABILITY OF THE UNITED STATES FOR THE PAYMENT OF THE AMOUNT CLAIMED, EITHER DUE TO ERRORS ON ITS PART, OR OTHERWISE, AND, IN THE ABSENCE OF SUCH EVIDENCE THIS OFFICE IS WITHOUT AUTHORITY TO CERTIFY YOUR CLAIM FOR PAYMENT. SEE CHARLES V. UNITED STATES, 19 CT.CL. 316; LONGWILL V. UNITED STATES, 17 ID. 288.