B-171825, MAY 10, 1971

B-171825: May 10, 1971

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BECAUSE THE GBL WAS ISSUED BY AR-DEES ALASKA TRUCK LINES. WAS LISTED AS CONNECTING CARRIER. PAYMENT WAS MADE TO D.A.D. LEASING COMPANY UPON PRESENTATION OF THE ORIGINAL GBL AND ITS REPRESENTATION THAT IT WAS BILLING AS AGENT FOR VON DER AHE. IS A MATTER FOR SETTLEMENT BETWEEN THEM ALONE AND THE GOVERNMENT IS UNDER NO LEGAL OBLIGATION TO DISTRIBUTE MONIES APPARENTLY PROPERLY PAID TO A CARRIER WHICH PARTICIPATED IN TRANSPORTATION SERVICES FURNISHED THE UNITED STATES. THE CLAIM WAS DISALLOWED BECAUSE D.A.D. CLAIMED $816.40 FOR THESE SERVICES AND WAS PAID THAT AMOUNT BY THE U.S. THE PAYEE WAS SHOWN ON THE BILL AS "D.A.D. THE BILL WAS SUPPORTED BY ORIGINAL GOVERNMENT BILL OF LADING NO. THE BILL OF LADING ALSO SHOWS THAT THE SHIPMENT WAS TENDERED TO AR-DEES ALASKA TRUCK LINES.

B-171825, MAY 10, 1971

TRANSPORTATION CHARGES - PAYMENT TO CONNECTING CARRIER AFFIRMING PRIOR SETTLEMENT CERTIFICATE WHICH DISALLOWED CLAIM BY SMYTH WORLDWIDE MOVERS, INC., FOR TRANSPORTATION CHARGES OF $947.44 IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS FROM ANCHORAGE, ALASKA TO FORT MEADE, MD. BECAUSE THE GBL WAS ISSUED BY AR-DEES ALASKA TRUCK LINES, INC., AND VON DER AHE VAN LINES, INC., WAS LISTED AS CONNECTING CARRIER, PAYMENT WAS MADE TO D.A.D. LEASING COMPANY UPON PRESENTATION OF THE ORIGINAL GBL AND ITS REPRESENTATION THAT IT WAS BILLING AS AGENT FOR VON DER AHE. ANY ADJUSTMENT BETWEEN CLAIMANT AND D.A.D. IS A MATTER FOR SETTLEMENT BETWEEN THEM ALONE AND THE GOVERNMENT IS UNDER NO LEGAL OBLIGATION TO DISTRIBUTE MONIES APPARENTLY PROPERLY PAID TO A CARRIER WHICH PARTICIPATED IN TRANSPORTATION SERVICES FURNISHED THE UNITED STATES.

TO SMYTH WORLDWIDE MOVERS, INC.

WE REFER AGAIN TO YOUR LETTER OF JANUARY 18, 1971, WITH ENCLOSURES, WHICH IN EFFECT REQUESTS REVIEW OF OUR SETTLEMENT CERTIFICATE OF DECEMBER 29, 1970 (OUR CLAIM NO. TK-919266). THE SETTLEMENT DISALLOWED YOUR CLAIM FOR TRANSPORTATION CHARGES OF $947.44 (YOUR BILL NO. K33092) IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS TRANSPORTED FROM ANCHORAGE, ALASKA, TO FORT GEORGE G. MEADE, MARYLAND, UNDER GOVERNMENT BILL OF LADING NO. D- 3899044, DATED JUNE 26, 1968, ISSUED BY AR-DEES ALASKA TRUCK LINES, INC. (SMYTH OVERSEAS VAN LINES (ALSO KNOWN AS SMYTH WORLDWIDE MOVERS, INC.)).

THE CLAIM WAS DISALLOWED BECAUSE D.A.D. LEASING COMPANY, INC., ON ITS BILL NO. 0073, CLAIMED $816.40 FOR THESE SERVICES AND WAS PAID THAT AMOUNT BY THE U.S. FINANCE CENTER AS D.O. VOUCHER NO. 059962 ON APRIL 11, 1969.

THE PAYEE WAS SHOWN ON THE BILL AS "D.A.D. LEASING CO., INC. HAULING AGENT VON DER AHE VAN LINES, INC."; THE BILL WAS SUPPORTED BY ORIGINAL GOVERNMENT BILL OF LADING NO. D-3899044 SHOWING "D.A.D. LEASING, CO., INC." AS THE DELIVERING CARRIER. THE BILL OF LADING ALSO SHOWS THAT THE SHIPMENT WAS TENDERED TO AR-DEES ALASKA TRUCK LINES, INC. (SMYTH OVERSEAS VAN LINES) AND IS ROUTED VIA VON DER AHE VAN LINES, INC.

THE BILL ALSO WAS SUPPORTED BY AR-DEES ALASKA TRUCK LINES COMBINED UNIFORM HOUSEHOLD GOODS BILL OF LADING AND FREIGHT BILL, DATED JUNE 26, 1968, WHICH SHOWS "VON DER AHE AT ST. PAUL TO DEST." IN THE SPACE FOR CONNECTING OR INTERLINING CARRIER. OTHER DOCUMENTS SUPPORTING THE BILL WERE A DRIVER'S WEIGHT CERTIFICATE, A SCALE WEIGHT CERTIFICATE OF THE HOWE RICHARDSON SCALE COMPANY AND A DD FORM 619, STATEMENT OF ACCESSORIAL SERVICES PERFORMED.

THE PAYMENT WAS APPARENTLY MADE TO D.A.D. LEASING COMPANY BY THE DISBURSING OFFICER BECAUSE D.A.D. LEASING REPRESENTED THAT IT WAS BILLING AS AGENT FOR VON DER AHE AND HAD POSSESSION OF THE MOST IMPORTANT DOCUMENT WHICH WOULD BE REQUIRED IN BILLING FOR THE CHARGES - THE ORIGINAL GOVERNMENT BILL OF LADING - WHICH SHOWS VON DER AHE VAN LINES AS A PARTICIPATING CARRIER AND ON WHICH THE CONSIGNEE'S CERTIFICATE OF DELIVERY WAS ACCOMPLISHED TO INDICATE THAT THE GOODS WERE RECEIVED IN APPARENT GOOD ORDER AND CONDITION FROM D.A.D. LEASING COMPANY, INC., AT FORT MEADE, MARYLAND. SEE 4 CFR 52.38 (1970 EDITION).

WHILE YOU INDICATE THAT SOME OF THE DOCUMENTS SUPPORTING D.A.D. LEASING'S BILL ARE FALSE OR IMPROPERLY EXECUTED AND THAT THE BILL ITSELF IS FRAUDULENT, OUR RECORDS DO NOT CONTAIN ANY FACTUAL EVIDENCE THAT UNCONTROVERTEDLY SUPPORTS THOSE ALLEGATIONS. IN VIEW OF THIS AND OTHER FACTUAL CONTRADICTIONS IN THE PRESENT RECORD AND BECAUSE OF THE POSSIBILITY THAT UPON RESOLUTION OF THE CONTRADICTIONS IN A PROPER FORUM THE UNITED STATES WILL BE FOUND ALREADY TO HAVE PAID THE PROPER PARTY, WE DO NOT FEEL JUSTIFIED IN DISTURBING OUR SETTLEMENT. SEE LONGWILL V UNITED STATES, 17 CT. CL. 288 (1881); AND CHARLES V UNITED STATES, 19 CT. CL. 316 (1884). AS WAS SAID IN THE LONGWILL CASE, AT PAGE 291, IT IS THE DUTY OF THE ACCOUNTING OFFICES TO REJECT THOSE CLAIMS "AS TO THE VALIDITY OF WHICH THEY ARE IN DOUBT."

WE BELIEVE THAT ANY ADJUSTMENT AS BETWEEN YOUR COMPANY AND D.A.D. LEASING WOULD BE A MATTER FOR SETTLEMENT BETWEEN YOU, SINCE THE GOVERNMENT DOES NOT HAVE ANY LEGAL OBLIGATION TO DISTRIBUTE MONIES APPARENTLY PROPERLY PAID TO A CARRIER WHICH PARTICIPATED IN THE TRANSPORTATION SERVICES FURNISHED THE UNITED STATES.

THE SETTLEMENT OF DECEMBER 29, 1970, IS ACCORDINGLY AFFIRMED.