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B-184942 1 (1976-09-01)

handle is hein.gao/gaobaddaj0001 and id is 1 raw text is: I- .. - 11 - 1 - oj~kyFR r. THE COMPTROLLFER GENERA4L DE0Ii OF THE UNIT o sTATES WASHINGTON, D.C. 20548 FILE: B-184942 DATE: September 1, 1976 MATTER OF: Reiter-Compton Trucks DIGEST: Claim for excess transportation costs allegedly arising from improper Government actions in connection with con- tractor's attempt to remove purchased surplus sale prop- erty from Government premises is of doubtful validity in view of unresolved factual dispute as to liability of Government and proper amount of damages. The Defense Supply Agency (DSA) has forwarded the claim of Reiter-Compton Trucks for excessive transportation costs incurred by the claimant in attempting to remove certain items of surplus property located at the Yermo Annex, Marine Corps Supply Center, Barstow, California, sold to it under contract No. 41-5504-006. These items consisted of four cargo trailers, identified as Items 201, 202, 203 and 212, and a generator set identified as Item 230. The claim is based on a freight bill presented to the claimant by the Robert West Trucking Company (West) in the amount of $430.00 for each of two round trips of a truck and trailer, on June 9 and June 16, 1975. The sum of $430.00 for the June 9 trip was levied with the notation of an empty return because of 'government employee's refusal to load,' while another $430.00 was billed for the June 16 trip in which only a partial load (Items 201, 202, 203 and 212) was picked up due to the govern- ment employee's refusal to load a full load. A third trip was required for pick-up of the remaining item. The documents of record reveal that on June 9 the claimant's trucker arrived at the Supply Center in the vicinity of noon but was advised by the cashier that her records indicated that a $200.00 non-guaranteed check had been received as a deposit, and of her impression that the deposit had not run the necessary 10 days. On this basis, the cashier initially advised the driver that the property could not be loaded.

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