B-150814, AUG. 7, 1963

B-150814, AUG. 7, 1963

TO LAWRENCE MAYFLOWER MOVING AND STORAGE COMPANY:

YOU HAVE REQUESTED REVIEW OF OUR SETTLEMENT CERTIFICATE OF SEPTEMBER 6, 1962 (TK-740681), WHICH DISALLOWED YOUR CLAIM, PER BILL R-198-A, IN THE AMOUNT OF $40.71, FOR HANDLING, STORAGE AND DELIVERY CHARGES ACCRUING AT YUBA CITY, CALIFORNIA, IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS WHICH PREVIOUSLY HAD BEEN TRANSPORTED BY GROH'S CROWN VAN AND STORAGE COMPANY FROM MARCH AIR FORCE BASE, RIVERSIDE, CALIFORNIA, AND WAS DELIVERED TO THE LAWRENCE MAYFLOWER MOVING AND STORAGE WAREHOUSE AT YUBA CITY, CALIFORNIA, FOR STORAGE UNDER GOVERNMENT BILL OF LADING NO. AF- 1333952, DATED JULY 13, 1960.

THE RECORD SHOWS THAT THE CHARGES FOR LINE-HAUL TRANSPORTATION AND PACKING IN THE AMOUNT OF $83.48 WERE PAID TO GROH'S CROWN VAN AND STORAGE COMPANY BY VOUCHER NO. 095150 IN THE SEPTEMBER 1960 ACCOUNTS OF GEORGE M. SECKINGER. THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON THE BILL OF LADING BEARS AN ENDORSEMENT SHOWING THAT THE SHIPMENT WAS RECEIVED AT YUBA CITY BY LAWRENCE MAYFLOWER, BUT THERE IS NOTHING TO SHOW WHETHER THE DESIGNATED WAREHOUSEMAN WAS AN "AUTHORIZED AGENT" OF THE LINE-HAUL CARRIER. THE RECORD DOES THOUGH APPEAR TO CONTAIN PROOF THAT THE PROPERTY WAS IN FACT STORED IN YOUR WAREHOUSE AT YUBA CITY, CALIFORNIA, FROM JULY 22, 1960, TO MARCH 26, 1962, AND THAT IT WAS DELIVERED TO ITS OWNER ON MARCH 26, 1962, IN YUBA CITY, CALIFORNIA.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT GROH'S CROWN VAN AND STORAGE COMPANY, THE CARRIER TO WHICH THE ORIGINAL CHARGES WERE PAID, WAS THE PROPER CLAIMANT. IT WAS ALSO POINTED OUT IN THE SETTLEMENT THAT THE ARMY FINANCE OFFICE AT INDIANAPOLIS, INDIANA, REPORTED THAT THERE WAS NO RECORD OF BANKRUPTCY OF THE ORIGINAL CARRIER. THIS FACT HAS SINCE BEEN CONFIRMED BY THE OFFICE OF THE CLERK, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA. THE RECORD REFLECTS THAT THE OWNER (MR. GROH) HAS ABANDONED THIS BUSINESS; AND THAT ATTEMPTS TO LOCATE HIM WERE UNSUCCESSFUL.

AT THE TIME THE SHIPMENT MOVED INTO STORAGE NEITHER THE GOVERNMENT BILL OF LADING FORM NOR TITLE 5 OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL FOR GUIDANCE OF FEDERAL AGENCIES, SEE 4 CFR, PART 52--- WHICH DEALS WITH PROCUREMENT AND BILLING OF TRANSPORTATION SERVICES FURNISHED THE U.S. GOVERNMENT, PROVIDED A METHOD FOR PAYMENT TO A WAREHOUSEMAN NOT INCLUDED IN THE CONTRACT OF CARRIAGE AS EVIDENCED BY THE BILL OF LADING. THE PROCEDURE PRESCRIBED FOR THE PAYMENT OF ACCESSORIAL CHARGES UNDER SECTION 3075 OF TITLE 5 OF THE G.A.O. MANUAL AND 4 CFR 52.30 IN 1960 WAS FOR THE CONTRACTING CARRIER TO SUBMIT A SUPPLEMENTAL BILL BEARING THE SAME BILL NUMBER AS THE CARRIER'S ORIGINAL BILL BUT CARRYING A LETTER SUFFIX.

IN APRIL 1963 SECTION 3075 WAS REVISED TO ALLOW THE CONTRACTING CARRIER TO DESIGNATE THE WAREHOUSEMAN AS HIS AGENT TO VOUCHER AND RECEIVE PAYMENTS FOR ALL STORAGE-IN-TRANSIT AND DELIVERY-OUT CHARGES.

HOWEVER, IT IS RECOGNIZED THAT NEITHER THE PAST NOR PRESENT INSTRUCTIONS COVER THE SITUATION WHERE THE CONTRACTING CARRIER SUBSEQUENTLY GOES OUT OF BUSINESS, LEAVING THE WAREHOUSEMAN WITHOUT PAYMENT FOR HIS SERVICES. THEREFORE, WE ASK THAT YOU SUBMIT A SWORN STATEMENT BY A RESPONSIBLE OFFICER OF YOUR COMPANY SHOWING HIS POSITION AND AUTHORITY AND SETTING FORTH THAT ATTEMPTS TO LOCATE GROH'S CROWN VAN AND STORAGE COMPANY TO SECURE AUTHORIZATION TO BILL AND COLLECT ACCESSORIAL CHARGES AS ITS AUTHORIZED AGENT WERE UNSUCCESSFUL AND THAT LAWRENCE MAYFLOWER MOVING AND STORAGE COMPANY AGREES TO REFUND TO THE UNITED STATES ALL OR ANY PART OF THE ACCESSORIAL CHARGES FOUND DUE AND OWING IN THE EVENT IT BECOMES NECESSARY FOR THE UNITED STATES TO MAKE PAYMENT TO GROH'S CROWN VAN AND STORAGE COMPANY FOR THE SERVICES IN QUESTION. UPON RECEIPT OF SUCH A SWORN STATEMENT HERE, THE SETTLEMENT OF SEPTEMBER 6, 1962, WILL BE GIVEN FURTHER CONSIDERATION.