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B-227179.2 1 (1990-01-05)

handle is hein.gao/gaobadnqy0001 and id is 1 raw text is: The Comptroller General of the United States Washington4 D.C. 2048 Decision Coast Counties Express, Inc.- Statute of Limitations; Incorporation of Charges by Matterof: Reference File: B-227179.2 Date: January 5, 1990 DIGESTS 1. A carrier's request for review of a General Services Administration (GSA) transportation settlement under 31 U.S.C. S 3726 must be received in this Office not later than 6 months (excluding time of war) after GSA takes action or within the period specified in 31 U.S.C. S 3726(a), whichever is later. Although the carrier submitted copies of letters that it asserts it sent to this office requesting review, and which are dated within the period, there is no record in this Office that the letters were received. The copies alone, without other substantiating evidence, are not enough to establish that the claims for transportation charges were received within the statute of limitations, and therefore, such claims are barred. 2. Although 31 U.S.C. § 3726(a) generally requires that claims for transportation charges be received at GSA within 3 years, this Office will review a claim filed directly with this Office if it is filed prior to the expiration of the statute of limitations. 3. Carrier's claims for additional transportation charges, based on a terminal service charge contained in a partici- pating tariff bureau's government rate tender, are valid even though the bureau tender is not specifically listed as a governing publication in the carrier's applicable individual rate tender. So long as the applicable individ- ual tender contains no provision contrary to the intent to include such a charge, and a specifically listed governinq publication (e.g., a bureau tender) in turn is specifically governed by another publication (e.g., another bureau tender) containing the charge, a terminal service charge contained in the indirectly referenced governing publication is incorporated by reference into the tender. 7-4_Q//q03Z

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