B-170577, SEP. 10, 1970

B-170577, SEP. 10, 1970

TRANSPORTATION CHARGES SUSTAINING ACTION OF TRANSPORTATION DIVISION OF MAY 18, 1970, RETURNING CLAIM FOR $51.12 FOR TRANSPORTATION CHARGES PURSUANT TO CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING, AND ADVISING THAT CONSIDERATION OF CLAIM WAS BARRED UNDER TRANSPORTATION ACT OF 1940. TRANSPORTATION COMPANY WHO CLAIMS PAYMENT FOR SHIPMENT OF EXHIBITS FROM NEW ORLEANS, LA., TO WASHINGTON, D. C. WITH DELIVERY TO CONSIGNEE ON OCTOBER 31, 1966, ON BASIS OF A CERTIFICATE IN LIEU OF GOVERNMENT BILL OF LADING, MUST HAVE CLAIM BARRED FROM CONSIDERATION SINCE IT WAS NOT RECEIVED IN GAO WITHIN THREE YEARS AS REQUIRED BY LAW.

TO TIDEWATER INLAND EXPRESS, INC.:

WE REFER TO YOUR LETTER OF AUGUST 6, 1970, REQUESTING FURTHER CONSIDERATION OF THE ACTION OF OUR TRANSPORTATION DIVISION WHICH BY LETTER OF MAY 18, 1970, CLAIM TK-907604, RETURNED YOUR CLAIM PER BILL NO. 800 IN THE AMOUNT OF $51.12 FOR TRANSPORTATION CHARGES PURSUANT TO CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING C-8639017, ADVISING THAT CONSIDERATION OF SUCH CLAIM WAS BARRED, CITING SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED BY PUBLIC LAW 85-762, 19 U.S.C. 66.

THE CITED ACT 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 CERTIFICATE IN LIEU OF LOST BILL OF LADING INVOLVED THE MOVEMENT OF A SHIPMENT OF EXHIBITS FROM NEW ORLEANS, LOUISIANA, TO WASHINGTON, D. C., WITH DELIVERY TO THE CONSIGNEE ON OCTOBER 31, 1966, WHICH COMPLETED THE SERVICES AUTHORIZED THEREBY.

YOUR CLAIM IN THE AMOUNT OF $51.12 WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON MARCH 26, 1970, WHICH WAS MORE THAN THREE YEARS AFTER ACCRUAL OF THE CLAIM UPON THE COMPLETION OF THE SERVICE ON OCTOBER 31, 1966, AS SHOWN ON THE CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING, OR NOVEMBER 2, 1966, THE DELIVERY DATE SHOWN ON THE RECEIPT OF THE BINGHAMTON WAREHOUSE & TERMINAL, INC., SUBMITTED WITH YOUR LETTER OF AUGUST 6, 1970.

YOU URGE THAT THE REJECTION OF YOUR CLAIM IS NOT APPROPRIATE SINCE IT WAS SUBMITTED TO THE DEPARTMENT OF AGRICULTURE, HYATTSVILLE, MARYLAND, WITHIN THE TIME LIMITATION, AND IN SUPPORT OF YOUR POSITION YOU SUBMIT COPIES OF CORRESPONDENCE INQUIRING AS TO THE STATUS OF YOUR CLAIM. HOWEVER, THE CLEAR TERMS OF THE STATUTE OF LIMITATIONS BARS CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE THREE-YEAR PERIOD.

PUBLISHED REGULATIONS OF OUR OFFICE, 4 CFR 54.6AA), PROVIDE:

" *** THE FILING OF A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT WILL NOT MEET THE REQUIREMENTS OF THIS STATUTE. THE CLAIM MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED."

ALSO 4 CFR 54.6(A) ENTITLED, "WHERE CLAIMS SHOULD BE FILED," WHILE GENERALLY STATING THAT THE FILING OF CLAIMS WITH THE AGENCY OUT OF THE ACTIVITIES OF WHICH THE CLAIMS AROSE WILL EXPEDITE THEIR CONSIDERATION, PERMITS THE FILING OF CLAIMS FOR TRANSPORTATION AND ACCESSORIAL CHARGES DIRECTLY WITH THE TRANSPORTATION DIVISION OF THE GENERAL ACCOUNTING OFFICE "PARTICULARLY IF THE APPLICABLE STATUTORY PERIOD OF LIMITATION IS ABOUT TO EXPIRE." COMPARE UNITED STATES V UTZ, 80 FED. 848; KENNEDY V UNITED STATES, 79 FED. 893, AFFIRMED 95 FED. 127.

SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THREE YEARS AS REQUIRED BY LAW, CONSIDERATION OF THE CLAIM IS NOW BARRED BY THE PROVISIONS OF THE STATUTE. ACCORDINGLY, THE ACTION OF OUR TRANSPORTATION DIVISION IN SO ADVISING YOU MUST BE AND IS AFFIRMED.