1 Board of Contract Appeals General Services Administration Washington, D.C. 20405 ____________ May 28, 1998 ____________ GSBCA 14161-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. VERGILIO, Board Judge. Regulation bars a carrier from requesting review of an agency settlement action if the request is received more than six months after the Government had taken the action and more than three years after the later of accrual of the claim, payment, a refund for overpayment, or a deduction. The claimant has failed to demonstrate that it has requested review in a timely manner. There is no matter for the Board to resolve when the claimant is barred from requesting review of a certificate of settlement. In January 1993, the claimant, Tri-State Motor Transit Co., carried materials under Government bill of lading (GBL) D- 1,086,001. Thereafter, it received full payment for the amount it invoiced. Later, Tri-State submitted to the General Services Administration (GSA), Office of Transportation Audits (OTA), a primary claim for $126.22 and an alternate claim for $61.20. Tri-State here requests review of (1) the OTA's apparent denial of Tri-State's primary claim, (2) the OTA's apparent denial of Tri-State's alternate claim, and (3) what Tri-State phrases as the OTA's "deduction action of $61.20." Tri-State states, "Instead of authorizing payment of our alternative claim for $61.20, OTA has wrongfully authorized a deduction of the same amount, $61.20 (without a notice of overcharge). Because of OTA's wrongful action, claimant hereby revises its primary claim to $187.42 and its alternative claim to $122.40." The OTA maintains that in October 1996 it had denied the primary claim and authorized payment of the alternate claim. Later, it applied the amount against a collection action against Tri-State arising under a distinct GBL. The OTA asks that this matter be dismissed. In keeping with statute, 31 U.S.C. 3726(g) (1994), regulation provides that a request for review is forever barred unless received in the General Accounting Office (although this Board is now the proper authority, the regulation has yet to reflect that change) within six months (not including time of war) from the date the settlement action was taken or within the periods of limitations specified in 31 U.S.C. 3726, as amended, whichever is later. 41 CFR 101-41.701(b) (1997). Section 3726(a) of the referenced law specifies that a claim shall be allowed only if received by the Administrator of General Services not later than three years (excluding time of war) after the later of the following dates: accrual of the claim; payment for the transportation is made; refund for an overpayment for the transportation is made; or a deduction under the statute is made. The record contains a signed and certified certificate of settlement dated October 3, 1996, from the OTA, which states, with a reason, that the primary claim is disallowed. Further, the certificate notes that $61.20, the amount of the alternate claim, is payable to Tri-State. Tri-State does not assert that it did not receive a contemporaneous copy of the certificate of settlement. It states that it has no record of having received the document. However, included with its submissions to the Board is a document dated November 24, 1996, which references by numbers the claim and certificate of settlement. Thus, Tri-State either knew or should have known that the OTA had resolved the claims. On April 22, 1997, the Board received this request for review from Tri-State. The request arrived more than six months after GSA took settlement action. The shipment occurred in January 1993, when the claim accrued. Tri-State invoiced the Government in January 1993, and received payment for the full amount originally invoiced. Tri-State has not established when it was paid, and so, it has not demonstrated that it filed this matter within three years of receiving payment. The record does not demonstrate that a refund for an overpayment or a deduction under the statute occurred so as to bring the filing at the Board within the three-year period. Regarding the alleged deduction, Tri-State mischaracterizes the documentation. The materials indicate that the agency instituted a collection action against Tri-State for $426.82 under a different GBL, but applied the $61.20 found due Tri-State in its alternate claim against that amount, such that the OTA was seeking to recover $365.62 from Tri-State. Such an action by the OTA is not a deduction regarding this GBL; the OTA credited Tri- State with the amount due Tri-State. The Board received this matter more than six months after the OTA issued a certificate of settlement. Tri-State has not demonstrated that it filed this matter within the specified three-year period. The request for review is forever barred. Admiral-Merchants Motor Freight, Inc., GSBCA 14055-RATE, 98-1 BCA 29,611. There is no matter for this Board to resolve. ____________________________ JOSEPH A. VERGILIO Board Judge