January 22, 1997 GSBCA 13817-RATE, 13856-RATE In the Matter of STAPP TOWING CO., INC. Van M. Davidson, General Counsel of Stapp Towing Co., Inc., Dickinson, TX, appearing for Claimant. Larry Brady, Military Traffic Management Command - Eastern Area, Department of the Army, Bayonne, NJ, appearing for Department of Defense. Jeffrey J. Thurston, Office of Transportation Audits, Washington, DC, appearing for General Services Administration. DANIELS, Board Judge (Chairman). ORDER Section 3726 of title 31, United States Code, authorizes the Administrator of General Services to audit bills presented by carriers and freight forwarders for transporting individuals and property for the United States Government. Subsection (g) of this statute permits such carriers and freight forwarders to ask the Administrator to review actions taken by the agency he heads, the General Services Administration (GSA), in performing these audits. The Administrator has delegated to this Board his responsibility under subsection (g). Stapp Towing Co., Inc. (Stapp), asked the Board to consider issues relating to two bills Stapp had presented to entities of the Department of Defense. We docketed these requests as GSBCA 13817- RATE and GSBCA 13856-RATE. GSA promptly noted that Stapp had not yet exhausted its remedies, under 41 CFR subpt. 101-41.600, of filing a claim with GSA's Office of Transportation Audits for refunds of the alleged overcharges. GSA asked that the cases be dismissed. The Board then convened a telephonic conference among representatives of Stapp, GSA, and the Department of Defense, to discuss how the cases should be handled. All agreed that the most efficient course of action would be to suspend proceedings while GSA considered the carrier's requests as if they were claims. We ordered such a suspension. Following its review of the matters raised by Stapp, GSA reported to us that it agreed with the carrier's positions. Stapp consequently asked us to dismiss the cases. Accordingly, the cases are dismissed. _________________________ STEPHEN M. DANIELS Board Judge