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B-203529.2 1 (1990-07-18)

handle is hein.gao/gaobadnts0001 and id is 1 raw text is: 


,Comptroller General
           of the United States
           Washington, D.C. 20548

           Decision



           Matter of:      ABF Freight System, Inc.

           File:           B-203529.2

           Date:           July 18, 1990

           DIGEST

           Carrier's allegation that a helicopter blade lost in transit
           to destination in fact had been delivered but later was
           returned by the agency to origin does not rebut the
           government's prima facie case against the carrier for loss of
           the blade where the agency has been unable to verify delivery
           or return; the carrier has furnished no documentation to
           support the allegation or otherwise establish delivery; and
           the record as developed in response to the allegation contains
           no evidence to suggest receipt at destination or return.


           DECISION

           ABF Freight System, Inc., requests review of our Claims
           Group's Settlement Certificate dated May 2, 1989, disallowing
           ABF reimbursement of $22,445.12 offset by the Department of
           the Army from ABF's revenues to satisfy a claim for the loss
           of a helicopter blade. For the following reasons, we sustain
           our Claims Group's settlement.

           Army records show that the helicopter blade was not delivered
           after being tendered to ABF at Fort Bragg, North Carolina on
           April 15, 1983, for delivery to Red River Army Depot,
           Texarkana, Texas. ABF contends that, even though there may be
           no documentation establishing delivery, the carrier in fact
           delivered the blade to Red River, and the Army later returned
           the blade to Fort Bragg. ABF alleges that it received oral
           information from someone at Fort Bragg that the blade was
           returned there on May 17, 1983, on document number 30957004,
           and acknowledged by a Jerome Goode.

           ABF further states that the delivery practices at Red River
           make it difficult for a carrier to prove that the item the
           government claims was lost actually was delivered. According
           to ABF, a carrier is not permitted to deliver freight and
           secure a delivery receipt at the time of delivery. Instead,
           the driver must leave the trailer at the depot for depot
           personnel to unload later and mark the carrier's bills for
           pickup by.a subsequent driver. ABF complains that this lack




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