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. THE CO,.PTROLLE ENERAL
DECISION OF THE UNITED STATES
W A S H I N G T 0 N . C 2 0 5 4 9
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FILE: B-200654 DATE: September 9, 1981
MATTER OF: Ogden Marine, Inc.
DIGEST:
GAO may not render decision on claim under
advance decision authority described in
31 U.S.C. § 74 (1976) where request for
decision is made by private corporation;
moreover, GAO may not decide claim under
general claims settlement authority found
in 31 U.S.C. § 71 (1976) since Commodity
Credit Corporation, against whom claim is
made, has the final authority under
section 4 of Commodity Credit Corporation
Charter Act, 15 U.S.C. § 714b(k) (1976),
to decide claims against it.
Ogden Marine, Inc. (Ogden), requests a decision by
the Comptroller General authorizing the Department of
Agriculture to permit the Commodity Credit Corporation
(CCC), a wholly owned Government corporation under the
supervision and control of the Secretary of Agriculture,
to pay Ogden $17,333.29 in transportation charges.
Ogden states that the charges represent the United
States Government financed ocean freight differential
portion of the unpaid freight claimed to be due on a
1974 Title I rice [shipment] to the Government of
Vietnam. And Ogden notes that the Department has
denied payment of the claim because [Title I financing
regulations] do not provide for direct payment of the
differential to the supplier of ocean freight unless
prior arrangements have been made. Ogden, however,
did not have a prior arrangement with CCC concerning
direct payment.
Ogden requests our Office's decision under 31 U.S.C.
Sect. 74 and 4 C.F.R. Sect. 30.1 et seq. Our Office
is authorized, under 31 U.S.C. § 74 (1976), to render a
decision upon any question involving a payment to be
made by a disbursing officer, or the head of any execu-
tive department or other establishment, where one of
these officials requests our decision.
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