B-174214, FEB 14, 1972

B-174214: Feb 14, 1972

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ALTHOUGH LATE SUBMISSION OF THE BILL MAY HAVE BEEN DUE TO ADMINISTRATIVE DELAY IN THE MARINE CORPS. THE PRIOR DENIAL MUST BE SUSTAINED SINCE THE CLAIM WAS RECEIVED BY GAO AFTER THE THREE-YEAR STATUTORY LIMITATION PERIOD PRESCRIBED IN SECTION 322 OF THE TRANSPORTATION ACT OF 1940. THE BILL IS A CLAIM FOR FREIGHT CHARGES FOR THE TRANSPORTATION OF A HOUSE TRAILER OF A MEMBER OF THE MARINE CORPS FROM MT. YOUR BILL AND SUPPORTING PAPERS WERE RETURNED TO YOU BY OUR TRANSPORTATION DIVISION ADVISING YOU THAT SINCE THE CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE THREE- YEAR STATUTORY LIMITATION PERIOD PRESCRIBED IN SECTION 322 OF THE TRANSPORTATION ACT OF 1940. IT WAS BARRED.

B-174214, FEB 14, 1972

TRANSPORTATION - GOVERNMENT BILL OF LADING - STATUTORY LIMITATION DECISION DENYING CLAIM OF TRANSIT HOMES, INC., FOR FREIGHT CHARGES ON THE TRANSPORTATION OF A HOUSE TRAILER UNDER A GOVERNMENT BILL OF LADING. ALTHOUGH LATE SUBMISSION OF THE BILL MAY HAVE BEEN DUE TO ADMINISTRATIVE DELAY IN THE MARINE CORPS, THE PRIOR DENIAL MUST BE SUSTAINED SINCE THE CLAIM WAS RECEIVED BY GAO AFTER THE THREE-YEAR STATUTORY LIMITATION PERIOD PRESCRIBED IN SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, 49 U.S.C.A. 66.

TO TRANSIT HOMES, INC.:

PLEASE REFER TO YOUR LETTER OF AUGUST 18, 1971, WITH ENCLOSURES, ADDRESSED TO OUR TRANSPORTATION DIVISION, CONCERNING YOUR BILL NO. 61227 (OUR TK-931074) FOR $741. THE BILL IS A CLAIM FOR FREIGHT CHARGES FOR THE TRANSPORTATION OF A HOUSE TRAILER OF A MEMBER OF THE MARINE CORPS FROM MT. CLEMENS, MICHIGAN, TO SARASOTA, FLORIDA, UNDER GOVERNMENT BILL OF LADING NO. A-6705606, DATED AUGUST 1, 1967. YOUR BILL AND SUPPORTING PAPERS WERE RETURNED TO YOU BY OUR TRANSPORTATION DIVISION ADVISING YOU THAT SINCE THE CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE THREE- YEAR STATUTORY LIMITATION PERIOD PRESCRIBED IN SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, 49 U.S.C.A. 66, IT WAS BARRED.

WE ARE TREATING YOUR LETTER AS A REQUEST TO REVIEW THE ACTION TAKEN BY OUR TRANSPORTATION DIVISION BECAUSE OF YOUR ALLEGATIONS THAT YOUR CLAIM DID NOT REACH THE GENERAL ACCOUNTING OFFICE IN TIME DUE TO ADMINISTRATIVE DELAYS IN THE MARINE CORPS. HOWEVER, AFTER REVIEWING THE RECORD, WE MUST CONCLUDE THAT OUR TRANSPORTATION DIVISION'S ACTION IN ADVISING YOU THAT YOUR CLAIM WAS BARRED WAS THE ONLY PROPER DISPOSITION OF THE CLAIM THAT COULD HAVE BEEN MADE UNDER THE APPLICABLE LAWS AND REGULATIONS.

WE ENCLOSE A COPY OF OUR DECISION OF OCTOBER 8, 1971, B-173122, 51 COMP. GEN. , IN A SIMILAR CASE, WHICH SETS FORTH THE LAWS AND REGULATIONS APPLYING TO THE REJECTION OF YOUR CLAIM AND WHICH ANSWERS THE QUESTIONS RAISED IN YOUR LETTER OF AUGUST 18, 1971.

IN THESE CIRCUMSTANCES, AND WHILE WE APPRECIATE YOUR VIEW THAT THE CLAIM SHOULD HAVE BEEN ACTED ON MORE PROMPTLY BY THE MARINE CORPS, THE ACTION OF OUR TRANSPORTATION DIVISION MUST BE AND IS SUSTAINED.