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B-200795 1 (1981-08-24)

handle is hein.gao/gaobacssh0001 and id is 1 raw text is: OLLER 6 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 LNITEiV In Reply Refer to: B-200795 L AUG224 19 81 The Honorable Clarence D. Long House of Representatives Dear Mr. Long: This responds to your letter of July 1, 1981, con- cerning Mr. William R. O'Brien. Mr. O'Brien has requested that we reconsider our decision William R. O'Brien, B-200795, May 26, 1981. In that decision we found Mr. O'Brien liable for the cost of shipping that portion of his household goods by Government Bill of Lading which exceeded the maximum weight authorized by 5 U.S.C. 5724(a)(1976). .Mr. O'Brien maintains that he took every precaution to ensure that his shipment of household goods was within the amount allowed. We have no diragreement with Mr. O'Brien concerning the facts. However, section 5724(a) of title 5, United States Code, authorizes the shipment of household goods not in excess of 11,000 pounds net weight. Mr. O'Brien's shipment exceeded 11,000 pounds. The statutory language is clear and unequivocal on its face, and this Office is unable to waive or modify provisions of law regardless of any extenuating circumstances which may be present. 53 Comp. Gen. 364 (1973). For this reason we do not believe that it would be useful to reconsider our prior decision. However, we can assure you that every consideration was given to Mr. O'Brien's claim in our Claims Settlement of September 2, 1980, and our decision of May 26, 1981. We trust this satisfactorily responds to your inquiry. & ~erely yours, Acting Comptroller General of the United States

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