[Request for Review of Settlement Actions Taken by GSA]

A firm requested review of settlement actions taken by the General Services Administration (GSA) in connection with shipments that were transported under government bills of lading. The requester initially filed timely appeals of the GSA settlement actions on all of these claims, for the purpose of meeting the statute of limitations. GAO requested a full report from GSA; however, when GSA stated that it would reaudit these claims and issue new certificates of settlements, GAO closed its files. As a result of its reaudit, GSA disallowed the requester's claims and the request for review of the settlements on the basis that they were not consistent with the principles of a prior decision. GSA contended that the second request for review involving the claims was not timely filed with GAO. GAO found that the second request was timely because the applicable 6-month filing period began on the date GSA, after reaudit, issued the settlement certificates disallowing each of the requester's claims. Concerning the merits, the question was whether the commodities transported and the service rendered were covered under an item in the tender. The articles the requester claimed were military communication outfits, generators and engines, electrical generators or motors, electrical welders, and various other electrically powered equipment. GAO found that the shipments of the military communication outfits and electrical generators and engines combined, or electrical lighting and cooling machines were included in the commodities list under the tender and the requester also showed that the commodities shipped were those which required special equipment. Therefore, the rates published were inapplicable. The generators and motors were not electrical machinery within the item and they were not over-the-highway vehicles under the item, but were covered in the tender under the item; therefore, these rates were applicable. Accordingly, the settlement action should be taken in accordance with this decision.