B-160404, NOVEMBER 22, 1966, 46 COMP. GEN. 436

B-160404: Nov 22, 1966

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STATUTES OF LIMITATION - CLAIMS - TRANSPORTATION - ADDITIONAL CLAIMS AFTER TOLLING OF STATUTE A SUPPLEMENTAL CLAIM FOR TRANSPORTATION CHARGES ON A SHIPMENT OF HOUSEHOLD GOODS WHICH WAS RECEIVED BY THE GENERAL ACCOUNTING OFFICE MORE THAN 3 YEARS AFTER THE ACCRUAL OF THE CLAIM ON THE COMPLETION OF THE SERVICE AND PAYMENT OF THE ORIGINAL BILL IS BARRED UNDER SECTION 322 OF THE TRANSPORTATION ACT OF 1940. 1966: WE HAVE RECEIVED YOUR LETTER OF NOVEMBER 11. WITH ADVICE THAT THE SUPPLEMENTAL CLAIM WAS BARRED. THE AUTHORITY RELIED ON WILL BE FOUND IN SECTION 322 OF THE TRANSPORTATION ACT OF 1940. WHICHEVER IS LATER. THE RECORD SHOWS THAT THE SHIPMENT OF THE HOUSEHOLD EFFECTS OF THE SERVICEMAN WAS DELIVERED AT DESTINATION ON FEBRUARY 1.

B-160404, NOVEMBER 22, 1966, 46 COMP. GEN. 436

STATUTES OF LIMITATION - CLAIMS - TRANSPORTATION - ADDITIONAL CLAIMS AFTER TOLLING OF STATUTE A SUPPLEMENTAL CLAIM FOR TRANSPORTATION CHARGES ON A SHIPMENT OF HOUSEHOLD GOODS WHICH WAS RECEIVED BY THE GENERAL ACCOUNTING OFFICE MORE THAN 3 YEARS AFTER THE ACCRUAL OF THE CLAIM ON THE COMPLETION OF THE SERVICE AND PAYMENT OF THE ORIGINAL BILL IS BARRED UNDER SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, 49 U.S.C. 66, NOTWITHSTANDING THE CLAIM HAD BEEN FILED WITH ANOTHER GOVERNMENT AGENCY, THE STATUTE OF LIMITATION PROVIDING THAT CLAIMS MUST BE RECEIVED IN THE GAO WITHIN 3 YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED, A REQUIREMENT WHICH MAY NOT BE WAIVED. STATUTES OF LIMITATION - CLAIMS - TRANSPORTATION - TIMELY FILING WITH GENERAL ACCOUNTING OFFICE THE 3-YEAR STATUTE OF LIMITATION PRESCRIBED BY SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, 49 U.S.C. 66, AFFECTING BOTH CLAIMS FOR TRANSPORTATION SERVICES AGAINST THE UNITED STATES AND THE RIGHT OF THE GOVERNMENT TO DEDUCT OVERCHARGES, A CARRIER TO PRECLUDE THE JEOPARDIZING OF ITS RIGHTS BY THE RUNNING OF THE STATUTORY PERIOD MAY BEFORE THE EXPIRATION OF THE 3-YEAR PERIOD FILE A CLAIM WITH THE GENERAL ACCOUNTING OFFICE.

TO GREYHOUND VAN LINES, INC; NOVEMBER 22, 1966:

WE HAVE RECEIVED YOUR LETTER OF NOVEMBER 11, 1966, IN WHICH YOU REQUEST FURTHER CONSIDERATION OF THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION BY LETTER OF AUGUST 23, 1966. THAT LETTER RETURNED YOUR CLAIM, BY SUPPLEMENTAL BILL NO. 9915-1, FOR $152.75 IN ADDITION TO CHARGES PREVIOUSLY BILLED BY YOUR COMPANY ON FEBRUARY 1, 1963, FOR TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF M/SGT. ROBERT DUNCAN UNDER GOVERNMENT BILL OF LADING NO. A-2785431 DATED JANUARY 17, 1963, WITH ADVICE THAT THE SUPPLEMENTAL CLAIM WAS BARRED. THE AUTHORITY RELIED ON WILL BE FOUND IN SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, PUBLIC LAW 85- 762, 49 U.S.C. 66.

THE ACT CITED PROVIDES, IN PERTINENT PART: * * * THAT EVERY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE FOR CHARGES FOR TRANSPORTATION WITHIN THE PURVIEW OF THIS SECTION SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, WITHIN THREE YEARS (NOT INCLUDING ANY TIME OF WAR) FROM THE DATE OF (1) ACCRUAL OF THE CAUSE OF ACTION THEREON, OR (2) PAYMENT OF CHARGES FOR THE TRANSPORTATION INVOLVED, OR (3) SUBSEQUENT REFUND FOR OVERPAYMENT OF SUCH CHARGES, OR (4) DEDUCTION MADE PURSUANT TO THIS SECTION, WHICHEVER IS LATER.

THE RECORD SHOWS THAT THE SHIPMENT OF THE HOUSEHOLD EFFECTS OF THE SERVICEMAN WAS DELIVERED AT DESTINATION ON FEBRUARY 1, 1963, AND THAT YOUR ORIGINAL BILL OF FEBRUARY 1, 1963, WAS PAID ON MARCH 1, 1963, BY THE MARINE CORPS DISBURSING OFFICER, SYMBOL 6091. YOUR SUPPLEMENTAL CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON APRIL 26, 1966, WHICH WAS MORE THAN 3 YEARS AFTER ACCRUAL OF THE CLAIM ON COMPLETION OF THE SERVICE ON FEBRUARY 1, 1963, AND THE PAYMENT OF YOUR ORIGINAL BILL ON MARCH 1, 1963.

YOU STATE THAT GREYHOUND VAN LINES SHOULD NOT BE HELD RESPONSIBLE FOR THE DELAY SINCE YOUR CLAIM WAS PRESENTED TO THE MARINE CORPS WITHIN THE 3-YEAR PERIOD AND WAS THE SUBJECT OF CORRESPONDENCE BETWEEN THE CORPS AND YOUR COMPANY DURING THAT PERIOD. HOWEVER, THE TERMS OF THE STATUTE OF LIMITATIONS PROVIDE THAT THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE.

PUBLISHED REGULATIONS OF OUR OFFICE, 4 C.F.R. 54.6 (A) PROVIDE: THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT WILL NOT MEET THE REQUIREMENTS OF THE STATUTE. THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 3 YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. (SEE ALSO, 5 GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL 6025.10.)

COMPARE UNITED STATES V. UTZ, 80 F. 848; KENNEDY V. UNITED STATES, 79 F. 893, AFFIRMED 95 F. 127. SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN YEARS, ITS CONSIDERATION WAS BARRED BY THE PROVISIONS OF THE STATUTE WHICH WE HAVE NO AUTHORITY TO WAIVE OR MAKE EXCEPTIONS TO. ACCORDINGLY, THE ACTION OF OUR TRANSPORTATION DIVISION IS AFFIRMED.

IT WILL BE NOTED THAT THE STATUTE OF LIMITATIONS NOT ONLY AFFECTS CLAIMS FOR TRANSPORTATION CHARGES AGAINST THE UNITED STATES BUT ITS RIGHT TO DEDUCT OVERCHARGES PAID BY IT MORE THAN 3 YEARS PREVIOUSLY AND THAT WHERE IT APPEARS THE STATUTORY PERIOD SHORTLY WILL EXPIRE AND PROCESSING TIME OR DELAY IN PAYMENT OF CARRIER'S BILLS IN THE PROCUREMENT AGENCY OR THE OFFICE MAKING ITS DISBURSEMENT MAY RESULT IN THE BARRING OF ITS CLAIMS, A CARRIER MAY PROTECT ITSELF BY FILING ITS CLAIM DIRECTLY WITH THE GENERAL ACCOUNTING OFFICE SO AS TO PRECLUDE JEOPARDIZING ITS RIGHTS BY THE RUNNING OF THE STATUTORY PERIOD. SEE 4 C.F.R. 54.6 ..END :