Request for Payment of Transportation Charges

A firm requested a decision authorizing the Department of Agriculture to permit the Commodity Credit Corporation (CCC), a wholly-owned Government corporation, to pay transportation charges allegedly owed to the firm. The firm stated that the charges represent the U.S. Government financed ocean freight differential portion of the unpaid freight claimed to be due on a rice shipment to the Government of Vietnam. The firm noted that Agriculture has denied payment of the claim because the regulations do not provide for direct payment of the differential to the supplier of ocean freight unless prior arrangements have been made. However, the firm did not have a prior arrangement with CCC concerning direct payment. GAO is authorized to render a decision upon any question involving a payment to be made by a disbursing officer, or the head of any executive department or other establishment, where one of these officials requests a decision. In its report to GAO concerning the claim, Agriculture did not request a decision. Therefore, GAO cannot render a decision under those provisions. The GAO regulations cited by the firm were based on the general authority of GAO to settle and adjust claims against the United States. However, the Commodity Credit Corporation Charter Act vests CCC with the authority to make final and conclusive settlement and adjustment of any claims by or against CCC. Since CCC has the final authority to decide claims against it, GAO cannot consider the firm's claims under the general authority to settle and adjust claims.