B-180625, AUG 19, 1974

B-180625: Aug 19, 1974

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CARRIER'S CLAIM FOR FREIGHT AND DETENTION CHARGES DISALLOWED WHERE VALIDITY OF CLAIM IS IN DOUBT AND WHERE CLAIM DOES NOT MEET THE FILING REQUIREMENTS OF THE U.S. THE SHIPMENT MOVED IN SEPTEMBER 1971 AND THE BENEFICIAL CONSIGNEE WAS THE DEFENSE PERSONNEL SUPPORT CENTER. THE SHIPMENT WAS TENDERED TO THE ORIGIN CARRIER BY G.W. BARNES WAS UNDER CONTRACT TO THE UNITED STATES TO DELIVER THE SHIPMENT F.O.B. THE SHIPMENT WAS DELIVERED TO ITS DESTINATION IN SEPTEMBER 1971 AND THE BARNES CO. WAS PAID BY THE UNITED STATES ON OCTOBER 6. NO RECORD OF THE ORIGINAL COMMERCIAL BILL OF LADING EXISTS AND THERE IS NO EVIDENCE THAT THE WAREHOUSE CONSIGNEE EVER RECEIVED THE COMMERCIAL BILL OF LADING. WHICH IS MARKED "COLLECT TO PREPAID - GOVERNMENT SHIPMENT MUST MOVE PREPAID OR ON GOVERNMENT BILL OF LADING.".

B-180625, AUG 19, 1974

CARRIER'S CLAIM FOR FREIGHT AND DETENTION CHARGES DISALLOWED WHERE VALIDITY OF CLAIM IS IN DOUBT AND WHERE CLAIM DOES NOT MEET THE FILING REQUIREMENTS OF THE U.S. GENERAL ACCOUNTING OFFICE.

SOUTHERN RAILWAY SYSTEM:

THE SOUTHERN RAILWAY SYSTEM PRESENTS A CLAIM FOR $1,669.92 FOR FREIGHT AND DETENTION CHARGES ARISING OUT OF A SHIPMENT OF FROZEN PEACHES SHIPPED BY G.W. HUME COMPANY, TURLOCK, CALIFORNIA, TO FINLEY COLD STORAGE CORP., BIRMINGHAM, ALABAMA. THE SHIPMENT MOVED IN SEPTEMBER 1971 AND THE BENEFICIAL CONSIGNEE WAS THE DEFENSE PERSONNEL SUPPORT CENTER, BIRMINGHAM, ALABAMA.

THE SHIPMENT WAS TENDERED TO THE ORIGIN CARRIER BY G.W. HUME COMPANY IN ACCORDANCE WITH A CONTRACT BETWEEN HUME AND THE BARNES CO. BARNES WAS UNDER CONTRACT TO THE UNITED STATES TO DELIVER THE SHIPMENT F.O.B. DESTINATION. THE SHIPMENT WAS DELIVERED TO ITS DESTINATION IN SEPTEMBER 1971 AND THE BARNES CO. WAS PAID BY THE UNITED STATES ON OCTOBER 6, 1971.

THE SHIPMENT MOVED UNDER A COLLECT COMMERCIAL BILL OF LADING. NO RECORD OF THE ORIGINAL COMMERCIAL BILL OF LADING EXISTS AND THERE IS NO EVIDENCE THAT THE WAREHOUSE CONSIGNEE EVER RECEIVED THE COMMERCIAL BILL OF LADING, BUT THE CONTENTS OF THE BILL OF LADING CAN BE INFERRED FROM COPIES OF THE SHIPPING ORDER, THE FREIGHT BILL AND WAYBILL CORRECTION NOTICE DATED DECEMBER 1, 1971, WHICH IS MARKED "COLLECT TO PREPAID - GOVERNMENT SHIPMENT MUST MOVE PREPAID OR ON GOVERNMENT BILL OF LADING."

GOVERNMENT SHIPMENTS NORMALLY MOVE COLLECT ON A GOVERNMENT BILL OF LADING. A COLLECT SHIPMENT MOVING ON A COMMERCIAL BILL OF LADING WHICH IS NOT TO BE CONVERTED TO A GOVERNMENT BILL OF LADING IS OF DOUBTFUL STATUS AND, WITHOUT THE ORIGINAL COMMERICAL BILL OF LADING AND ALL OTHER PERTINENT INFORMATION REGARDING THE DELIVERY, PAYMENT CANNOT BE AUTHORIZED.

FURTHERMORE, THE CLAIM DOES NOT MEET THE STANDARDS REQUIRED BY THIS OFFICE FOR THE PRESENTATION OF CLAIMS. SEE SECTION 6020 OF TITLE 5 OF THE GENERAL ACCOUNTING OFFICE MANUAL WHICH IS CODIFIED AT 4 C.F.R. 54 (1974).

THE ACCOUNTING OFFICERS OF THE GOVERNMENT MUST DISALLOW ANY CLAIM WHOSE VALIDITY IS IN DOUBT. LONGWILL V. UNITED STATES, 17 CT. CL. 288 (1881); CHARLES V. UNITED STATES, 19 CT. CL. 316 (1884). THE CLAIM IS THEREFORE DISALLOWED.