______________________________
 
                           December 11, 1997
                     ______________________________
 
 
                            GSBCA 13920-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.
 
   WILLIAMS, Board Judge.
 
        Claimant  Tri-State  Motor  Transit  Co.  (Tri-State)  seeks
   payment  of additional  freight  charges on  invoices  previously
   presented  and  paid.   Respondent  requests  dismissal  of these
   claims  on the grounds  that they  are premature  or time-barred.
   Because  the  General  Services  Administration   (GSA)  has  not
   considered  these claims,  we  agree  that  they  are  premature.
   Although GSA currently has no  documentation of these claims, the
   record  establishes that they  were timely submitted  in December
   1995  and are  not time-barred.   We thus  dismiss the  claims as
   premature so GSA may conduct a prepayment audit.
 
                               Background
 
        Tri-State seeks $640 in transportation charges  billed under
   Government bill of lading (GBL) number E-1,225,529 and $226.50 in
   transportation charges  under GBL number  D-1,086,045.  Tri-State
   corrected vouchers it  had submitted in  February and March  1993
   and on which it had  received payment to seek additional payments
   forweightcharges forshipping ammunitionwith incendiary.[foot #] 1
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1     Tri-State  seeks  payment   for  the  minimum
   weight of  5,000 pounds on  each shipment rather than  the actual
                                                      (continued...)
 
                   ----------- FOOTNOTE ENDS -----------
 
 
 
        Tri-State  contends  that  it submitted  vouchers  for these
   transportation  charges to GSA's  Office of Transportation Audits
   (OTA) via  certified mail on  December 14, 1995, but  received no
   response.   Respondent contends that claimant has never presented
   these claims to  GSA and that  the claims are premature  or time-
   barred  under 41 CFR 101.  In response, Tri-State filed a copy of
   its letter  to GSA  dated December 14, 1995,  in which  it sought
   payment for both vouchers at issue here, as well as a copy of the
   return receipt indicating that  the letter had been delivered  to
   GSA   via   certified   mail  on   December 22,   1995.[foot #] 2
   Respondent has not proffered any evidence  or argument to dispute
   Tri-State's  assertions  that  Tri-State in  fact  submitted  its
   corrected   vouchers   for    payment   to   GSA    in   December
   1995.[foot #] 3
 
                               Discussion
 
        Based upon  the record before us, we conclude that Tri-State
   timely  submitted  its  revised  vouchers  for  payment  to  GSA.
   Claimant's letter to GSA  of December 14, 1995, falls  within the
   applicable three-year statute of limitations in 31 U.S.C.   3726,
   since the services  at issue were rendered in  February and March
   1993 and payment on the original invoices was made thereafter.
 
        Because GSA has not addressed the claims,  however, it would
   be premature for  this Board to  review them.   See, e.g., C.  I.
   Whitten Transfer  Co., GSBCA 13810-RATE  (Nov. 25, 1997).   As we
   recognized in Whitten, any pricing adjustment claims for services
   previously billed and  paid must, under  41 CFR 101-41.604-2,  be
   presented to  GSA for  prepayment audit, and  this Board  may not
   consider such claims until GSA has issued its determination.
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 (...continued)
   weight of  2,153 pounds  shipped under  GBL D-1,086,045, and  the
   actual weight of 625 pounds under GBL E-1,225,529.
 
        [foot #] 2     The letter  indicated  that it  was sent  via
   certified  mail  return  receipt number  Z428017307.    This same
   article number appeared on the  return receipt.  In addition, the
   GBL numbers at issue were written on the return receipt.
 
        [foot #] 3     Subsequent to Tri-State's transmission of its
   December 14, 1995, letter  to the Board, the  only correspondence
   the  Board received  from GSA  was a  letter dated  September 26,
   1997, inquiring as to the status of this case.
 
                   ----------- FOOTNOTE ENDS -----------
 
 
 
                                Decision
 
        This case  is dismissed without  prejudice.  Given  that GSA
   does not currently possess any record of these claims, we request
   counsel for respondent  to transmit the record in  this matter to
   OTA for its review.
 
                                      __________________________
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge