Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
            _______________________________________________
                             March 5, 1998
            _______________________________________________
 
                            GSBCA 14255-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.
 
   BORWICK, Board Judge.
 
        By  government bill of  lading (GBL)  C-9,061,546, claimant,
   Tri-State Motor Transit Co., carried goods from the Naval Weapons
   Center, Yorktown, Virginia, to the National Aeronautics and Space
   Administration (NASA)  Wallops Flight  Facility, Wallops  Island,
   Virginia.   The  goods were  delivered on  February 9, 1990.   By
   invoice dated February 13, 1990, claimant invoiced the Government
   for  $1,772.95.  The General Services Administration (GSA) states
   that claimant was paid that amount on March 19, 1990.  
 
        By voucher dated March 18,  1993, claimant submitted a claim
   to  GSA's Office  of Transportation  Audits  (OTA) for  corrected
   freight  charges of  $291.25;  the  claim  included  charges  for
   deadhead service and  equipment.  On May  21, 1997, OTA issued  a
   settlement certificate for the amount claimed.   
 
        On  June 24,  1997,  NASA refused  to  honor the  settlement
   certificate, arguing that: (1) NASA does not pay deadhead charges
   to carriers unless its requirements dictated a  specific need for
   specialized  equipment   or  operations,   (2)  the  three   year
   limitation period had run, and  (3) there were no available funds
   to pay the  charges.  Subsequently, claimant filed  a request for
   review at this Board of "[NASA]'s payment denial . . . of [OTA]'s
   certificate of settlement . . . ."
 
        This claim  must be dismissed.   By statute  and delegation,
   our  authority in this  matter is  to review  the actions  of the
   Administrator  of  General  Services in  auditing  transportation
   claims.    31 U.S.C.     3726(a)  (1994);  Pub. L.  No.  104-316,
     202(o)(2), 110  Stat. 3826, 3844  (1996) (to be codified  at 31
   U.S.C.   3726(g)(1)); ADM P 5450.39C, CHGE 63, ch. 12,    1.a.(3)
   (July  17, 1996);  see  Board  Rule 301.    In  this matter,  the
   Administrator  of General  Services, through  the  OTA, issued  a
   settlement certificate in  favor of claimant.   The Administrator
   thus  agrees  with  claimant that  the  Government  owes claimant
   $291.25 as additional  reimbursement for the shipment  covered by
   GBL C-9,061,546.  
 
        Claimant  does not seek review of the Administrator's audit;
   it seeks review of  the consignee-agency's action in refusing  to
   pay in accordance  with the audit determination.   Such review is
   not  within the  scope  of  either the  relevant  statute or  the
   authority delegated  to the Board.   Cf. Tri-State  Motor Transit
   Co., GSBCA 14241-RATE,  97-2 BCA   29,306 (no delegated authority
   to enforce decisions in rate cases).  Consequently, we decline to
   comment on NASA's position and the matter is dismissed.  
 
 
 
                                 __________________________
                                 ANTHONY S. BORWICK
                                 Board Judge