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                              October 7, 1997
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                             GSBCA 13741-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 General Services Administration.
     
     Col. James F. Quinn, Staff Judge Advocate, Headquarters, 
Military Traffic Management Command, Department of the Army, Falls
Church, VA, appearing for Department of Defense.

PARKER, Board Judge.
                                     
     Tri-State Motor Transit Co. billed the Navy under its Tender
Number 582 for transporting eight rockets, three "booster fin
sets," and a logbook.  Tender 582 covers "freight-all-kinds." 
After auditing the transaction, the General Services
Administration's Office of Transportation Audits determined that
the Government had been overcharged in the amount of $1,353.96
because the shipment should have been billed under Tri-State's
Tender Number 611, which covers "missiles or rockets."  Tri-State
asked the General Accounting Office to review the propriety of
GSA's deduction.

     Tri-State initially argued that Tender Number 611 was not
applicable because the booster fin sets were not an integral part
of the rockets.  Thus, according to Tri-State, only its Tender
Number 582, covering freight-all-kinds, was applicable to this
mixed shipment.  Tri-State does not dispute that Tender Number 611
is applicable to the rockets themselves -- it argues only that the
addition of the booster fin sets changed the shipment into a mixed
one to which the freight-all-kinds tender applies.

     In response to Tri-State's argument, the Government explained,
through an affidavit from an official of the company that
manufactured the rockets, that booster fin sets are considered
integral parts of a rocket.  The booster fins, which are used for
guidance control and stability, are attached to the rocket or
missile once it reaches its destination.  The logbooks, he
explained, are also essential to the operation of the missile and
are required to be shipped with it.

     Tri-State disagrees with this conclusion, arguing that the
booster fin sets could not have been integral parts of the rockets
shipped because there were only three sets of fins for eight
rockets.

                                Discussion

     The Board's Rule of Procedure 301(b) reflects a fundamental
principle applicable to claims against the Government:  "The burden
is on the claimant to establish . . . the liability of the agency,
and the claimant's right to payment."  48 CFR 6103.1(b) (1996). 
Tri-State has not met that burden here.  The Government has
established that booster fins are an integral part of a rocket or
missile; the booster fins are packed separately only for shipping
purposes.   We have no idea why the Navy shipped only three sets of
booster fins with eight rockets.  The fact that it did, however,
does not establish that the booster fin sets were not part of three
of the shipped rockets.  Tri-States' claim thus fails for lack of
proof.




                                        _______________________
                                        ROBERT W. PARKER
                                        Board Judge