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                       DISMISSED:  December 5, 1996
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                             GSBCA 13904-RATE
                                     

                 In the Matter of DELCHER INTERCONTINENTAL


     K. Dale, Billing Department, Delcher Intercontinental, St.
Petersburg, FL, appearing for Claimant.

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

BORWICK, Board Judge.

     Claimant filed a claim contesting a deduction of $158.11 from
its current billing.  In response to the claim, the General
Services Administration (GSA) noted that claimant had not first
presented the matter to its Office of Transportation Audits (OTA)
for resolution.  By letter of November 15, claimant noted that "it
had appealed to the GSA office prior to the set-off of this claim,
but it was ignored."  

     Statute provides that "A carrier or freight forwarder may
request the Comptroller General to review the action of the
Administrator [of General Services] if the request is received not
later than [six] months (excluding time of war) after the
Administrator acts[.]"  31 U.S.C.A.  3726(g)(1) (West Supp. 1996).
Implementing regulation provides that "[c]laims involving
collection actions resulting from the transportation audit
performed by the General Services Administration must be filed
directly with GSA."  41 CFR 101-41.603-4 (1995).

     Congress transferred administrative responsibility for claims
settlement functions set forth in 31 U.S.C.  3726(g)(1), from the
Comptroller General to the Director of the Office of Management and
Budget (OMB).  The Director of OMB delegated certain of these
functions to the Administrator of General Services, who has
redelegated the settlement functions pertaining to claims by a
carrier or freight forwarder to the General Services Administration
Board of Contract Appeals.  Legislative Branch Appropriations Act,
1996, Pub. L. No. 104-53,  211(a), 109 Stat. 514, 535 (1995).  The
transfer of administrative responsibility for claims settlement
functions did not change the requirement that the Administrator of
General Services first act to resolve a claim.     

     By letter of November 15, 1996, claimant admits that it has
not filed a claim directly with GSA on the OTA's collection action. 
This claim is therefore DISMISSED as premature.  The file,
including recent correspondence from the Department of the Army's
Military Traffic Management Command, will be transferred to GSA's
OTA for action.  


                                        _________________________
                                        ANTHONY S. BORWICK
                                        Board Judge