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B-192200 1 (1979-03-08)

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UnitJ States General Accounting Office
*Washington, DC 20548


5TOffic .of
                    General Counsel


iI Reply
Reforno: B-192200


Na  s   ional fin
Washington, D.C.


Attention**


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ance Center


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.  IH. Constantini
Director,, Freight Department                      4         -
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American Farm Lines
GBL No, K-1289822


9


       Your letter oil June 15, 1978, (your file FF20 (WEUadh) 7420 (A) X-15),
  requests an officiaI determination  as to whether you ahould .erminat.
  collection action on a  claim for $793,33 presented by the Zranspotion
  Officer  Fort Jacks,,n South Carolina 'against  the American Farm Lines,
  The amount  claimed %epresents costs 1incrred by the 48th Explosive
  Ordnance Disposal unit  (EOD) in rendering certain services incident
  to a highway acctdenX'on August  19, 1977, (nvolving a shipment of U.S.
  Navy ammunition beinA  transported by an Ameican  Farm Lines vehicle
  on Covernment bill of  lading No, K-1289822.  Your letter.further ppints
  .Qut that the claim isued  by the Navy Regional.Finance Center (NRFC) on
  November 14, 1977,  to recoup the costs of materIal loss and damage to
  Government property  involved in'the accident, has been paid in full
  without  argument by ttio carrier, American Farm Lines, Therefore our
  review is  limited to the single issue of American Far& Lines' liability
  under a purported  contractual obligation embodied in a DD Form 1926,
  executed by  the Officer-in-Charge (OIC) of the Army EGD team, and signed
  at the scent, of the accIdent by the driver of the Anerinan Farm Lines
. vehicle.

       Pursuant  to 4 C.F,P. 5 104,4 (1978), we advise you thuit in our
  opinion ':he claim brought against the American Farm Lines cannot be sub-
  stantiafed by the evidence  presented, and we suggest that collection action
  be terrinated in  accordance with 4 C.F.R. § 104.3(d) and (a) (1978).

       7.he administrative record before this Office reveals the following
  pertinent  fncts, On August  26, 1977, American Farm Lines vehicle-No,
  4058 was engaged  in the transportation of certain categories of ar.'uni-
  tior, from the Naval Aununitions Depot, Ifawthorne, Nevada, to the !Mfilitar
  Ocean Terminal,  Sunny Point, Southport, North Carolina, undr  Governmen
  bill of  lading No. K-1289822. At  a point approximately 12 miles west



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