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B-215927 1 (1984-08-21)

handle is hein.gao/gaobadlvy0001 and id is 1 raw text is: 


                        THE COMPTROLLER ENERAL
ONCIDlON                OP THE UNITEO STATES
                        WAGHINOTON. O.0. *0646




FILE:   B-215927              DATE: August 21, 1984

MATTER OF:      Starflight, Inc.


DIGEST:

      A transportation overcharge claim by the General
      Services Administration generally is not review-
      able by the GAO until the disputed amount has
      been recovered by the government.

      Starflight, Inc. (Starflight), requests review of the
  audit action by the General Services Administration (GSA)
  on a shipment of class B explosives, weighing 68 pounds,
  from Indian Head, Maryland, to Panama City, Florida, under
  government bill of lading No. S-5,660,256, dated March 17,
  1983.

       We dismiss the request for review.

       The record does not indicate that the amount of the
  asserted overcharge has been recovered by the government,
  either by voluntary refund by Starflight or by administra-
  tive setoff. An overcharge claim by GSA is not reviewable
  by our Office under section 322 of the Transportation Act
  of 1940, 31 U.S.C. § 3726(d) (1982), as implemented by our
  regulations, 4 C.F.R. § 53 (1984), until the disputed
  amount has been recovered. Starflight, Inc., B-213773,
  July 23, 1984, 84-2 C.P.D.       . The request for review
  is, therefore, premature and will not be considered.




                               Harry R. Van Cleve
                               Acting General Counsel

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