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B-197661 1 (1980-05-22)

handle is hein.gao/gaobadigz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-17661 DATE: May 22, 1980 MATTER OF: Peralta.Shipping Corporation DIGEST: 1. Under section 322 of the Transportation Act of 1940, as amended, formerly 49 U.S.C. 66, claim for freight charges is barred from consideration unless, prior to transfer of transportation audit, claim was received in GAO, or, after transfer of transportation audit, claim was received in GSA or in agency out of whose ac- tivities claim arose within 3 years of date of delivery of shipment. 2. Burden is on claimant to present evidence of receipt of claim in proper office within statutory period of limitations. Peralta Shipping Corporation (Peralta) requests re- view by the Comptroller General, pursuant to 4 C.F.R. 53 of the refusal of the General Services Administration (GSA) to consider Peralta's claims for outstanding ocean freight charges on four shipments. Claims for the charges presented by Peralta were returned by GSA without payment on the grounds that consideration of the claims was barred by section 322 of the Transportation Act of 1940, as amended, formerly published in 49 U.S.C. 66, A report has not been requested from GSA since the request for review and supporting documents furnished by Peralta fail to show that the determination by GSA was incorrect. The documents furnished by Peralta with and in support of its request for review show that four ship- ments were made by the United States Naval Medical Research Unit from Cairo, Egypt, consigned to various destinations in the United States under Government bills of lading (GBLs) Nos. K-2411609, K-2411611, K-2411621 and K-2411622. The shipments were loaded on the M/S Lotte Skou Voyage 2-WB at Alexandria, Egypt, and offloaded at the port of Baltimore, Maryland, on September 11, 1975.

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