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B-225138 1 (1987-05-22)

handle is hein.gao/gaobadmrw0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Mike Meadors Trucking - Deductions of Alleged Overcharges After the 3-year Limitations Period File: B-225138 Date: May 22, 1987 DIGEST The General Services Administration effected deduction of alleged overcharges from amounts subsequently due a carrier more than 3 years after the bills were paid. Section 3726(b) of title 31, United States Code, limits the Government's time in which to deduct overcharges to 3 years after payment. Thus, the deductions were erroneous and the amounts deducted should be refunded to the carrier. DECISION Mike Meadors Trucking (Meadors) requests the Comptroller General to review the General Services Administration's (GSA) audit actions relating to 43 shipments of Government property.l/ Meadors contends that GSA has no authority to use freight charges, as a basis for its audit determination, that are different from the charges estimated by the shipper on the Government Bills of Lading (GBL). The carrier also contends that it was improper for GSA to make the deductions from monies due Double M Trucking when the alleged over- charges were collected by Meadors.2/ Without deciding the issues raised by the carrier or implying agreement with the carrier's arguments, we conclude, on other grounds, that GSA's collection actions were improper. The deductions were made after expiration of the 3-year time limit authorized by law for the Government to recover overcharges by deduction. 1/ This decision does not cover three of the bills. GSA's report explained that no overcharges were stated against GBL M-5353383, and that the amounts deducted on GBLs S-4372037 and S-4372038 will be refunded since the deductions were erroneous. 2/ Based on GSA's informal advice, it is our understanding that Michael Meadors and one other person own both Mike Meadors Trucking and Double M Trucking.

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