B-140202, NOV. 3, 1959

B-140202: Nov 3, 1959

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TO ROBINSON FREIGHT LINES: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 10. WHICH IS IN EFFECT A REQUEST FOR REVIEW OF OUR SETTLEMENT CERTIFICATE DATED JUNE 29. YOUR SUPPLEMENTAL BILL WAS DISALLOWED BECAUSE OUR RECORD DID NOT SUPPORT YOUR ALLEGATION THAT THE ARTICLE COVERED BY THE ABOVE BILL OF LADING WAS SUBJECT TO ITEM 34565 OF NATIONAL MOTOR FREIGHT CLASSIFICATION A-4. SINCE WE HAD NO EVIDENCE TO ESTABLISH THAT THE ARTICLE WAS MOUNTED ON A TRAILER OR SELF-PROPELLED VEHICLE. YOUR ATTENTION IS INVITED TO 4 CFR 54.5 (SECTION 6020.30 OF TITLE 5 OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL) WHICH READS AS FOLLOWS: "SEC. 54.5. EACH CLAIM SHOULD SET FORTH ALL OF THE PERTINENT FACTS AND DETAILS AND BE SUPPORTED BY SUCH EVIDENTIARY DATA AS WILL CLEARLY ESTABLISH THE LIABILITY OF THE UNITED STATES.

B-140202, NOV. 3, 1959

TO ROBINSON FREIGHT LINES:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 10, 1959, WHICH IS IN EFFECT A REQUEST FOR REVIEW OF OUR SETTLEMENT CERTIFICATE DATED JUNE 29, 1959, DISALLOWING YOUR CLAIM FOR ADDITIONAL CHARGES IN THE AMOUNT OF $4.45, FOR THE TRANSPORTATION OF A GOVERNMENT-OWNED GENERATOR AND ENGINE COMBINED FROM GADSDEN AIR FORCE STATION, ALABAMA, TO THE MUNICIPAL AIRPORT, MEMPHIS, TENNESSEE, UNDER GOVERNMENT BILL OF LADING NO. AF- 7967377, IN MAY 1958.

YOUR SUPPLEMENTAL BILL WAS DISALLOWED BECAUSE OUR RECORD DID NOT SUPPORT YOUR ALLEGATION THAT THE ARTICLE COVERED BY THE ABOVE BILL OF LADING WAS SUBJECT TO ITEM 34565 OF NATIONAL MOTOR FREIGHT CLASSIFICATION A-4, SINCE WE HAD NO EVIDENCE TO ESTABLISH THAT THE ARTICLE WAS MOUNTED ON A TRAILER OR SELF-PROPELLED VEHICLE. IN THIS CONNECTION, YOUR ATTENTION IS INVITED TO 4 CFR 54.5 (SECTION 6020.30 OF TITLE 5 OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL) WHICH READS AS FOLLOWS:

"SEC. 54.5. EVIDENTIARY DATA REQUIRED. EACH CLAIM SHOULD SET FORTH ALL OF THE PERTINENT FACTS AND DETAILS AND BE SUPPORTED BY SUCH EVIDENTIARY DATA AS WILL CLEARLY ESTABLISH THE LIABILITY OF THE UNITED STATES. BARE ASSERTIONS OR CONCLUSIONS AS TO AMOUNTS DUE FROM THE UNITED STATES USUALLY ARE NOT ACCORDED FORMAL CONSIDERATION.' YOU SUBMITTED WITH YOUR SUPPLEMENTAL BILL NO SUCH EVIDENTIARY DATA, OTHER THAN A MERE CITATION TO ITEM 34565 OF CLASSIFICATION A-4. THERE IS NOTHING IN OUR RECORD WHICH FURNISHES SUPPORT FOR THE ASSUMPTION THAT THE BILL OF LADING RECORD IS WRONG OR INCOMPLETE. OUR SETTLEMENT ACTION PROPERLY GAVE EFFECT TO THE DESCRIPTION OF THE ARTICLE STATED ON THE BILL OF LADING, ON THE BASIS OF WHICH YOU ORIGINALLY CLAIMED AND WERE PAID. ACCORDINGLY, OUR SETTLEMENT CERTIFICATE IS SUSTAINED.

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