October 21, 1997
                                                  


                             GSBCA 14250-RATE


               In the Matter of TRI-STATE MOTOR TRANSIT CO.


     John D. Bagileo and Claire Shapiro of Bagileo, Silverberg
and Goldman, L.L.P., 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.

     Colonel James F. Quinn, Staff Judge Advocate, Headquarters,
Military Traffic Management Command, Department of the Army,
Falls Church, VA, appearing for Department of Defense.

DANIELS, Board Judge (Chairman).

     In February and May 1992, under Government bills of lading
(GBLs) D-0,662,915, D-2,408,999, and D-2,409,000, Tri-State Motor
Transit Co. transported vehicles for entities within the
Department of Defense.  Each GBL contained a notation indicating
a value per one hundred pounds for each vehicle.  Tri-State
claimed that these values were "declared values" in excess of the
"released values" for the vehicles, and that it was consequently
due additional payments for its services.  On October 24, 1995,
the General Services Administration's (GSA's) Office of
Transportation Audits (OTA) denied the claims.  Less than one
month later, Tri-State asked the General Accounting Office (GAO)
to review this action.

     In response, GAO asked OTA and the Military Traffic
Management Command (MTMC), the Defense Department agency which
sets rules governing the movement of that department's freight
traffic by motor carrier, for their comments on the matters Tri-
State had raised.  Several months passed, but neither agency
replied.  GAO then wrote to the claimant, "As we stated in our
letters to you involving similar claims under various files, you
may have to pursue other remedies if GSA refuses to follow our
decision.  We have clearly stated our position on this matter,
and we have nothing further to add."  B-270611 (May 20, 1996).

     Shortly after GAO wrote this letter, the authority to review
OTA's actions on carrier claims was transferred from GAO to this
Board.    C. I. Whitten Transfer Co., GSBCA 13911-RATE, 97-1 BCA
 28,860, at 143,986.  On July 9, 1997, Tri-State asked the Board
to review OTA's denial of the claims involving GBLs D-0,662,915,
D-2,408,999, and D-2,409,000.

     In Tri-State Motor Transit Co., B-254378, et al. (Feb. 16,
1994), aff'd on reconsideration, B-254378.2, et al. (July 5,
1995), GAO agreed with the position taken by the claimant in this
case.  In response to Tri-State's request for Board review of
these claims, OTA maintained that GAO's decisions "are restricted
by the limited presentation of facts relative to each case, and
consequently, have limited application."  OTA deferred to MTMC as
to a "presentation of a diversity of facts that more adequately
address the issue."  MTMC reargued the merits of GAO's position
generally, but provided no facts specific to the GBLs at issue.

     Tri-State acknowledges that GAO's letter of May 20, 1996, 
completed that agency's consideration of Tri-State's request for
review.  We agree with this conclusion and find additionally that
in the letter, GAO effectively granted the claims.  To the extent
that Tri-State may be asking us to reconsider GAO's determination
for the purpose of reaffirming it, the claimant is out of time. 
Tri-State Motor Transit Co., GSBCA 14241-RATE (Oct. 21, 1997). 
With the claims granted, there is no action for this Board to
take. MTMC's comments are unnecessary to our disposition of the
case.

     Accordingly, the case is dismissed.





                                   _________________________
                                   STEPHEN M. DANIELS
                                   Board Judge