December 12, 1997
                                                
 
 
                            GSBCA 13756-RATE
 
 
              In the Matter of TRI-STATE MOTOR TRANSIT CO.
 
 
        John   R.  Bagileo   of  Bagileo,   Silverberg  &   Goldman,
   Washington,  DC; and 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.
 
   GOODMAN, Board Judge.
 
        On  October 5, 1992, Tri-State Motor Transit Co. transported
   a freight  shipment for the  Department of Defense (DoD)  under a
   Government  bill  of  lading.   Tri-State  was  paid  the  amount
   invoiced for this shipment.  Tri-State subsequently submitted two
   supplemental claims to the General  Services Administration (GSA)
   for payment.  The "primary" claim was for $2,173.05 for different
   tariff  rates, and  the  "alternate" claim  was  for $122.46  for
   exclusive use charges.   On April  16, 1996, Tri-State  requested
   review by the  General Accounting Office (GAO) of  the GSA Office
   of Transportation Audits (OTA) denial of its supplemental claims.
   GAO assigned the claim number B-271888.
 
        Subsequent  to GAO's  docketing of  Tri-State's  claims, the
   Comptroller General's responsibility for review of  OTA decisions
   was  transferred by  statute  to  the  Administrator  of  General
   Services.  Pub. L. No. 104-316,   202(o)(2), 110 Stat. 3826, 3844
   (1996).    By delegation,  the  Board now  exercises  this review
   function on behalf of the Administrator.
 
        On November 12, 1996, Tri-State received payment from GSA of
   its  "alternate"  claim for  $122.46  and  asked that  the  Board
   proceed to review its "primary"  claim.  Proceedings in this case
   were suspended pending the issuance of a decision by the Court of
   Federal Claims in cases  which included the same issue  presented
 
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   in this case.  That decision  was issued by the Court of  Federal
   Claims  in  November.   Tri-State  Motor  Transit  Co. v.  United
   States, No. 94-347C,  et al. (Nov.  5, 1997).  The  Board resumed
   proceedings  in  the instant  case  and  asked for  the  parties'
   positions  in light  of the  court's decision.   On  December 11,
   1997,  Tri-State accepted  GSA's payment  and  settlement of  its
   alternate claim for $122.46  and withdrew its request for  review
   of its primary claim.  Accordingly, the case is dismissed.
 
                                      _____________________
                                      ALLAN H. GOODMAN
                                      Board Judge