September 11, 1997
                                                 



                             GSBCA 13738-RATE


               In the matter of TRI-STATE MOTOR TRANSIT CO.


     Robert D. Norcom, Auditor, Tri-State Motor Transit Co., 
Joplin, MO, appearing for Claimant.

     Jeffrey J. Thurston, Director, Office of Transportation
Audits, General Services Administration, Washington, DC, appearing
for the General Services Administration.

     Colonel James F. Quinn, Staff Judge Advocate, Headquarters,
Military Traffic Management Command, Department of the Army, Falls
Church, VA, appearing for Department of Defense.

GOODMAN, Board Judge.


     By letter dated September 8, 1995, claimant, Tri-State Motor
Transit Co., asked the General Accounting Office (GAO) to review
the General Services Administration's (GSA's) denial of three
claims, totalling $278.13, for freight transportation furnished to
the Department of Defense (DoD) under Government bills of lading
D-0,978,044, D-0,978,048, and D-0,606,218.

     On July 17, 1996, this matter was transferred from GAO to the
General Services Board of Contract appeals pursuant to section 211
of the Legislative Branch Appropriations Act, 1996, Pub. L. No.
104-53, 109 Stat. 535 (1995); a determination by the Acting
Director of the Office of Management and Budget dated June 28,
1996; and a delegation of authority from the Acting GSA
Administrator dated July 17, 1996.

     Prior to the transfer of the claims to this Board, GAO
requested that GSA and the Military Traffic Management Command
(MTMC) provide comments regarding Tri-State's claims.  MTMC
recommended allowing the claims.  By letter dated May 6, 1996, GSA 
stated that it had reexamined the files and issued a "certificate
of settlement" allowing Tri-State's claim on GBL D-0,606,218 for
$63.21.  GSA stated further that with regard to GBLs D-0,978,044
and D-0,978,048, it did not agree with the carrier's action and
that according to its calculations, the carrier would be due less
than one dollar under the tender, and GSA was therefore closing the
file on the matter.  On August 26, 1997, the Board requested that
claimant respond to GSA's letter.  By letter dated August 27, 1997,
claimant stated that it agreed with GSA's response and requested
that "GSBCA 13738-RATE be closed."  The Board confirmed with Tri-
State that it was requesting a dismissal.  GSA and MTMC have no
objection to the request.

     Tri-State's claim is therefore DISMISSED.





                                   _______________________
                                   ALLAN H. GOODMAN
                                   Board Judge