B-159149, AUG. 4, 1966

B-159149: Aug 4, 1966

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TO AIR EXPRESS INTERNATIONAL CORP.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 25. YOU FURNISHED A REFERENCE TO 101 CLAIMS WHICH HAVE NOW BEEN RE-EXAMINED. IT APPEARS THAT MOST OF THE CLAIMS WILL BE CONSIDERED FOR ALLOWANCE WHERE THE ONLY MISSING OR QUESTIONABLE ELEMENT IS A DELIVERY RECEIPT OR A COMPLETED CONSIGNEE'S CERTIFICATE OF DELIVERY AT THE BOTTOM OF THE GOVERNMENT BILL OF LADING. IT WILL BE NECESSARY IN CONNECTION WITH SOME OF THE SHIPMENTS INVOLVED TO CONSIDER THE APPLICABILITY OF THE THREE-YEAR LIMITATION IN 49 U.S.C. 66. WE ARE ADVISED THAT TWO OF THE CLAIMS IN THE GROUP OF 101 ARE BARRED FROM CONSIDERATION BY THE THREE-YEAR LIMITATION. WE ARE NOT IN A POSITION TO MAKE SUCH A SPECIAL EXCEPTION FOR TREATMENT OF AEI TRANSPORTATION BILLS.

B-159149, AUG. 4, 1966

TO AIR EXPRESS INTERNATIONAL CORP.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 25, 1966, REPORTING THAT YOUR COMPANY HAS VARIOUS CLAIMS FOR TRANSPORTATION CHARGES COVERING SHIPMENTS MADE ON GOVERNMENT BILLS OF LADING. YOU FURNISHED A REFERENCE TO 101 CLAIMS WHICH HAVE NOW BEEN RE-EXAMINED.

IT APPEARS THAT MOST OF THE CLAIMS WILL BE CONSIDERED FOR ALLOWANCE WHERE THE ONLY MISSING OR QUESTIONABLE ELEMENT IS A DELIVERY RECEIPT OR A COMPLETED CONSIGNEE'S CERTIFICATE OF DELIVERY AT THE BOTTOM OF THE GOVERNMENT BILL OF LADING. OUR TRANSPORTATION DIVISION HAS BEEN AUTHORIZED TO ALLOW SIMILAR CLAIMS. AS WE PREVIOUSLY INDICATED, IT WILL BE NECESSARY IN CONNECTION WITH SOME OF THE SHIPMENTS INVOLVED TO CONSIDER THE APPLICABILITY OF THE THREE-YEAR LIMITATION IN 49 U.S.C. 66. WE ARE ADVISED THAT TWO OF THE CLAIMS IN THE GROUP OF 101 ARE BARRED FROM CONSIDERATION BY THE THREE-YEAR LIMITATION.

IN YOUR LETTER OF APRIL 25, 1966, TO THE DIRECTOR OF OUR TRANSPORTATION DIVISION, YOU REQUEST THAT THE APPROPRIATE GOVERNMENT AGENCY OR THE GAO BE PERMITTED TO PAY AEI FOR TRANSPORTATION SERVICES FOR ALL GOVERNMENT BILL OF LADING SHIPMENTS OLDER THAN SIX MONTHS FOR WHICH PROOF OF DELIVERY CANNOT BE ESTABLISHED. WE ARE NOT IN A POSITION TO MAKE SUCH A SPECIAL EXCEPTION FOR TREATMENT OF AEI TRANSPORTATION BILLS. WE ARE TOLD INFORMALLY THAT THE PRESENT SYSTEM OF PROVING DELIVERY IN CONNECTION WITH GOVERNMENT BILLS OF LADING IS WORKING WELL IN 90 PERCENT OF THE CASES. VIEW OF THAT SITUATION WE WOULD PREFER TO AVOID ESTABLISHING OR NOTIFYING DISBURSING OFFICERS OF ANY ARBITRARY TIME LIMITATION UPON SUBMISSION OF YOUR BILLS FOR PAYMENT. WE BELIEVE IT DESIRABLE TO CONSIDER THE SEPARATE CLAIMS FOR TRANSPORTATION SERVICES ON SHIPMENTS SIX MONTHS OR OLDER AS THE NEED ARISES AFTER EFFORT BY YOUR COMPANY TO OBTAIN NECESSARY PROOF OF DELIVERY. IT IS POSSIBLE THAT IN SOME INSTANCES BILLING IN SUCH CASES MIGHT BE ACCEPTABLE WHERE THERE IS EVIDENCE OF ADEQUATE ACTION BY YOUR COMPANY TO OBTAIN THE NECESSARY PROOF OF DELIVERY AND WHERE IT REASONABLY MAY BE ASSUMED THAT THE SHIPMENTS CONCERNED WERE DELIVERED IN GOOD ORDER AND CONDITION.