September 10, 1996
                                             


                        GSBCA 13745-RATE


          In the matter of TRI-STATE MOTOR TRANSIT CO.


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

     Colonel David A. Shull, JAGC, Military Traffic Management
Command, Department of the Army, Falls Church, VA, appearing for
Department of Defense.

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

DANIELS, Board Judge (Chairman).

                              ORDER

     By letter dated October 24, 1995, Tri-State Motor Transit Co.
asked the General Accounting Office (GAO) to review the General
Services Administration's (GSA's) denial of a claim in the amount
of $863.59 for freight transportation furnished to the Department
of Defense (DoD) under a Government bill of lading.  The issue
presented was whether payment for the items shipped should have
been made at the rate for guided missiles, rather than the rate for
warheads.

     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.

     DoD and GSA both urged that the claim be denied.  In response,
Tri-State withdrew the claim.

     Accordingly, this claim is DISMISSED.





                                   _________________________
                                   STEPHEN M. DANIELS
                                   Board Judge