B-126962, FEB. 20, 1956

B-126962: Feb 20, 1956

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EGBERT CARLSSON: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28. YOUR CLAIM WAS NOT CONSIDERED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE IT FIRST ACCRUED. A COPY OF WHICH IS ENCLOSED. THE ONLY EXCEPTION IS WITH REGARD TO PERSONS IN THE MILITARY SERVICE. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED. UNDER THE CIRCUMSTANCES IN YOUR CASE IT WILL BE APPARENT THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.

B-126962, FEB. 20, 1956

TO MR. EGBERT CARLSSON:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28, 1956, FURTHER REGARDING YOUR CLAIM FOR RENTAL ALLEGED TO BE DUE FOR LANDS INCLUDED WITHIN THE FORMER NAVAL AERIAL GUNNERY RANGE, KLAMATH FALLS, OREGON, FROM ABOUT NOVEMBER 1, 1943, THROUGH MARCH 31, 1945.

YOUR CLAIM WAS NOT CONSIDERED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE IT FIRST ACCRUED, AS PROVIDED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOU STATE THAT IN APRIL 1949, YOU WROTE SENATOR ANDREW F. SCHOEPPEL REGARDING THIS CLAIM AND ON APRIL 28, 1949, YOU RECEIVED A LETTER FROM HIM, TOGETHER WITH A COPY OF A LETTER FROM AN OFFICIAL OF THE DEPARTMENT OF THE INTERIOR, ADMITTING THAT THE DEPARTMENT OF THE NAVY HAD USED THE PROPERTIES INVOLVED FOR THE GUNNERY RANGE.

THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH IS ENCLOSED, PROVIDES-- SO FAR AS MATERIAL HERE--- THAT "EVERY" CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' THE ONLY EXCEPTION IS WITH REGARD TO PERSONS IN THE MILITARY SERVICE.

UNDER THE ABOVE-QUOTED PROVISIONS OF THE STATUTE, A CLAIM MUST BE "RECEIVED" IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME PROVIDED TO BE ENTITLED TO CONSIDERATION. THE FILING OF A CLAIM WITH ANOTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF THE STATUTE. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED, THE CLAIMS DIVISION HAD NO ALTERNATIVE BUT TO RETURN IT TO YOU, TOGETHER WITH "A COPY OF THIS ACT," AS PROVIDED BY SECTION 2 OF THE STATUTE.

ACCORDINGLY, UNDER THE CIRCUMSTANCES IN YOUR CASE IT WILL BE APPARENT THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.

Oct 29, 2020

Oct 28, 2020

Oct 27, 2020

  • Silver Investments, Inc.
    We dismiss the protest as untimely because it was filed more than 10 days after the protester knew, or should have known, the basis for its protest.
    B-419028

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