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B-259760 1 (1995-06-12)

handle is hein.gao/gaobabljh0001 and id is 1 raw text is: 









B-259760


June 12, 1995



Robert Norcom
Auditor
Tri-State Motor Transit Company
P.O. Box 113
Joplin, MO 64802

Dear Mr. Norcom:

We refer to your letter on behalf of T&-State Motor Transit Company dated December 8,
1994, requesting review of the General Services Administration's (GSA) denial of
Tri-State's claim for additional charges of $275.50 on Government Bill of Lading (GBL)
transaction C-8,773,819.

GSA issued a Settlement Certificate on January 17, 1995, again denying this claim on the
merits after clarifying factual issues. However, on February 21, 1995, GSA reported to
us that it now disputes the timeliness of this claim because the Navy paid the original bill
for GBL C-8,773,819 on September 28, 1990, and GSA's date stamp on the Public
Voucher for Transportation Charges (Standard Form (SF)-I 113) involving your firm's
claim indicates that GSA did not receive it from your company until September 30, 1993.
Under 31 U.S.C. § 3726(a)(2), the Administrator of General Services may pay a carrier's
claim for additional charges if, in relevant part, it is received not later than 3 years after
payment of the original bill for transportation services.

You contend that GSA actually received the claim on September 28, 1990. To support
this position, you offer copies of Tri-State's business records. Those records consist of a
copy of a plain piece of paper with about 90 GBL-type numbers handwritten on it,
including the number of the GBL transaction in issue. The number 5693133 456 also
appears at the top of this paper. Tri-State provided what appears to be a copy of an
Airborne Express Cartage Record, where one of the shipment numbers listed is
005693133 456. This shipment was received by ',C. Moore on September 28, 1993.
It is not disputed that C. Moore is an employee of GS-A_'s Office of Transportation Audits.
However, this number does not necessarily prove that the subject GBL transaction number
was actually received by GSA on the indicated date rather than the date shown by the
GSA stamp.

                                                                                857612

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