B-148678, DEC. 7, 1962

B-148678, DEC. 7, 1962

TO COLUMBIA EXPORT PACKERS, INC.:

WE REFER AGAIN TO YOUR LETTER OF APRIL 12, 1962, AND ENCLOSURES, IN WHICH YOU REQUESTED REVIEW OF THE SETTLEMENT CERTIFICATE DISALLOWING YOUR CLAIM FOR $678.93, COVERED BY YOUR SUPPLEMENTAL BILL NO. 57940-A, OUR FILE TK- 726432. YOU ARE CLAIMING, AS ORIGINAL CARRIER, THE FULL AMOUNT OF THE TRANSPORTATION CHARGES ASSESSABLE ON THE INVOLVED SHIPMENT BY USE OF A CERTIFICATE IN LIEU OF A LOST U.S. GOVERNMENT BILL OF LADING AFTER THE "DESTINATION" CARRIER HAS COLLECTED THE CHARGES DUE FOR ITS PORTION OF THE SERVICES RENDERED ON THE SAME SHIPMENT BY USE OF THE ORIGINAL GOVERNMENT BILL OF LADING.

THE SHIPMENT CONSISTED OF ONE LOT OF HOUSEHOLD GOODS, WEIGHING 1,543 POUNDS, THE PROPERTY OF MARILYNNE C. MEADOWS, WHICH WAS TENDERED TO AN AGENT OF YOUR COMPANY, AN INTERNATIONAL FREIGHT FORWARDER, BY THE DEPARTMENT OF DEFENSE AT BAD KREUZNACH, GERMANY, FOR TRANSPORTATION TO CHARLOTTESVILLE, VIRGINIA, UNDER GOVERNMENT BILL OF LADING WY-10456579, DATED NOVEMBER 11, 1960.

OUR RECORDS SHOW THAT UPON DEBARKATION AT NORFOLK, VIRGINIA, THE SHIPMENT WAS DELIVERED TO THE WILSON TRUCKING COMPANY BY COLUMBIA EXPORT PACKERS FOR TRANSPORTATION TO DYNEHBURG, VIRGINIA, TO BE STORED IN THE WAREHOUSE OF GILBERT TRANSFER AND STORAGE COMPANY PENDING DELIVERY TO THE FINAL DESTINATION, CHARLOTTESVILLE. THE SPACE ON BILL OF LADING WY-10456579 PROVIDED FOR THE CONSIGNEE'S CERTIFICATE OF DELIVERY SHOWS WILSON TRUCKING COMPANY AS THE DELIVERING CARRIER AND GILBERT TRANSFER AND STORAGE COMPANY AS THE CONSIGNEE. THE SHIPMENT WAS HELD AT THE STORAGE POINT FROM JANUARY 4 TO JANUARY 5, 1961, AND THEN WAS DELIVERED TO THE OWNER, APPARENTLY BY GILBERT TRANSFER AND STORAGE COMPANY. HOWEVER, ORIGINAL BILL OF LADING WY -10456579 WAS PRESENTED BY WILSON TRUCKING COMPANY FOR PAYMENT UNDER ITS BILL NO. 6477 IN THE AMOUNT OF $49.20, EVIDENTLY TO COVER ONLY THOSE CHARGES ACCRUING TO THAT COMPANY FOR THE MOVEMENT FROM NORFOLK TO LYNCHBURG. THIS AMOUNT WAS PAID ON VOUCHER NO. 143044 OF THE FEBRUARY 1961 ACCOUNTS OF LIEUTENANT COLONEL A. G. PERRY, DISBURSING OFFICER, FINANCE CENTER, INDIANAPOLIS, INDIANA.

THEREAFTER, YOU PRESENTED YOUR SUPPLEMENTAL BILL FOR $678.93, TO COVER THE THROUGH CHARGES (INCLUDING THE $49.20 ALREADY PAID TO WILSON TRUCKING COMPANY) FOR THE SHIPMENT FROM ORIGIN TO DESTINATION. TO SUPPORT THESE CHARGES, YOU FURNISHED A CERTIFICATE IN LIEU OF LOST GOVERNMENT BILL OF LADING WY-10456579. YOUR SUPPLEMENTAL BILL WAS DISALLOWED IN ITS ENTIRETY AND YOU WERE ADVISED THAT THE CHARGES FOR SERVICES RENDERED MUST BE SUBMITTED BY THE LAST CARRIER, AS PROVIDED IN CONDITION NO. 1 ON THE REVERSE OF THE ORIGINAL GOVERNMENT BILL OF LADING. YOU WERE FURTHER ADVISED THAT THE DELIVERING CARRIER, WILSON TRUCKING COMPANY, WAS PAID ON ITS BILL, PROPERLY SUPPORTED BY THE ORIGINAL BILL OF LADING, WY-10456579.

IN YOUR PRESENT LETTER YOU STATE THAT WILSON TRUCKING COMPANY WAS NOT THE DELIVERING CARRIER SINCE THE SHIPMENT WAS DELIVERED TO GILBERT TRANSFER AND STORAGE COMPANY AT ITS WAREHOUSE IN LYNCHBURG AND WAS SUBSEQUENTLY DELIVERED BY THAT CARRIER TO THE OWNER IN CHARLOTTESVILLE. FURTHER, YOU ASSERT THAT THE GOVERNMENT BILL OF LADING WAS ISSUED TO YOUR COMPANY WHICH NEVER WAIVED ITS RIGHT TO THE CHARGES TO ANY OTHER COMPANY AND THAT THE FINANCE CENTER AT INDIANAPOLIS PAID THE WILSON TRUCKING COMPANY IN ERROR. BECAUSE OF THIS, YOU BELIEVE OUR OFFICE SHOULD HONOR YOUR CLAIM IN THE FULL AMOUNT OF $678.93 AND SINCE THE CHARGES TO WILSON TRUCKING COMPANY HAVE BEEN PAID IN ERROR, IT IS THE GOVERNMENT'S RESPONSIBILITY TO RECOVER THE AMOUNT PAID TO THAT COMPANY BY THE FINANCE CENTER.

CONDITION NO. 1 ON THE REVERSE OF THE INVOLVED BILL OF LADING PROVIDES IN PERTINENT PART:

"ON PRESENTATION OF THIS BILL OF LADING, PROPERLY ACCOMPLISHED AND ATTACHED TO FREIGHT VOUCHER PREPARED ON THE AUTHORIZED GOVERNMENT FORM, TO THE OFFICE INDICATED ON THE FACE HEREOF, PAYMENT WILL BE MADE TO THE LAST CARRIER UNLESS OTHERWISE SPECIFICALLY STIPULATED.'

SECTION 3075 OF TITLE V OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL FOR GUIDANCE OF FEDERAL AGENCIES (4 CFR 52.30) PROVIDES THAT PAYMENT OF TRANSPORTATION CHARGES FROM THE POINT OF SHIPMENT TO THE DESTINATION STORAGE POINT ON SHIPMENTS OF HOUSEHOLD GOODS FORWARDED FOR ACCOUNT OF THE DEPARTMENT OF DEFENSE AND STORED IN TRANSIT FOR ACCOUNT OF THE MOTOR CARRIER OR FREIGHT FORWARDER AND FOR ULTIMATE DELIVERY TO THE OWNER MAY BE MADE UPON COMPLETION OF THE TRANSPORTATION TO THE CARRIER'S DESTINATION STORAGE POINT AND PRIOR TO ULTIMATE DELIVERY TO THE OWNER IF A SPECIFIED CERTIFICATION IS MADE BY THE MOTOR CARRIER OR FREIGHT FORWARDER.

IN THIS INSTANCE, WILSON TRUCKING COMPANY--- THE MOTOR CARRIER MAKING DELIVERY TO THE STORAGE-IN-TRANSIT POINT--- EXECUTED A PROPER CERTIFICATION, THE ORIGINAL OF WHICH IS IN OUR FILE. THIS WAS IN ACCORDANCE WITH THE BILL OF LADING CONTRACT AND THE REGULATIONS OF OUR OFFICE. SUCH REGULATIONS WERE PROMULGATED AFTER CONSULTATION WITH THE MOTOR CARRIER AND THE FREIGHT FORWARDER INDUSTRY. THE FINANCE CENTER AT INDIANAPOLIS WAS NOT IN ERROR IN MAKING PAYMENT TO WILSON TRUCKING COMPANY AND THAT COMPANY IS THE PROPER PARTY TO MAKE CLAIM FOR SUCH ADDITIONAL TRANSPORTATION CHARGES AS ARE CONSIDERED DUE. ACCORDINGLY, THE SETTLEMENT CERTIFICATE DISALLOWING YOUR CLAIM IS SUSTAINED.

IT WOULD SEEM TO BE THE SOLE RESPONSIBILITY OF THE FREIGHT FORWARDER TO CONTROL THE ACTION OF ITS AGENTS IN ORDER TO INSURE THAT ALL CHARGES BELIEVED TO BE DUE UNDER THE CONTRACT ARE COLLECTED AND PROPERLY DISTRIBUTED PURSUANT TO THE ARRANGEMENTS GOVERNING THE RELATIONSHIP OF THE CARRIERS IN THE ROUTE OF MOVEMENT. WE NOTE IN THIS CONNECTION THAT THE FINANCE CENTER HAS SUGGESTED THAT THROUGH BILLS OF LADING BE ANNOTATED IN THE CERTIFICATE OF DELIVERY BLOCK TO INDICATE YOUR COMPANY'S DESIRE TO CONTROL THE BILLING BEFORE SURRENDERING SUCH BILLS OF LADING TO CONNECTING CARRIERS. WE REALIZE THAT THIS SITUATION HAS LED TO COMPLICATIONS IN THE COLLECTION OF TRANSPORTATION CHARGES BY THE PARTY PRIMARILY INTERESTED BUT WE FEEL THAT SATISFACTORY ARRANGEMENTS SHOULD BE MADE BY YOUR COMPANY AND THE CARRIERS CONCERNED.