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B-180569,B-224905,B-225673 1 (1987-11-06)

handle is hein.gao/gaobadmxf0001 and id is 1 raw text is: uz.n. The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: British, Dutch and Italian Claims for Fuel and Services for U.S. Navy Vessels. File: B-225673, B-224905, B-180569 Date: November 6, 1987 DIGEST 1. Claims asserted against the United States Navy by the governments of the United Kingdom and Italy (which arose in the course of a routine and continuing series of trans- actions that hinge directly upon the long-standing, day-to- day relationships of the governments involved) may be paid, despite the absence of supporting official records, because their validity and non-payment have been satistactorily substantiated. 2. A claim asserted against the United States Navy by the government of the Netherlands may not be paid, because the claim was not actually received at GAO within 6 years after the date on which the claim accrued (i.e., the date when fuel was delivered, not the date on which the Netherlands issued its bill for payment of the fuel), as required by 31 U.S.C. S 3702(b)(1) (1982). 3. GAO may not waive the provisions of 31 U.S.C. § 3702(b)(1) (1982), and lacks the jurisdiction necessary to consider whether a claim barred by operation of that act might be valid under the laws of another country because section 3702(b)(1) is not a mere statute of limitations, but rather is a condition precedent to the right to have the claim considered by GAO. DECISION This decision considers three separate claims asserted against the United States Navy by agencies of the govern- ments of the United Kingdom, the Netherlands, and Italy. Each claim requests reimbursement for alleged provision of fuel or support services to Navy vessels which either operated in conjunction with the vessels of those three governments, or visited their naval bases. Two of these claims have been previously considered and disallowed by our Claims Group. The third claim was reterred to us by the Claims Group and has not previously been acted upon. For the reasons given below, the claims asserted by the governments of the United Kingdom and Italy may be paid.

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