Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                                                  
 
                             March 5, 1999
                                                  
 
 
                            GSBCA 14873-RATE
 
 
              In the Matter of TRI-STATE MOTOR TRANSIT CO.
 
 
        Robert  D. Norcom,  Auditor,  Tri-State  Motor Transit  Co.,
   Joplin, MO, appearing for Claimant.
 
        James   F.  Fitzgerald,   Director,  Transportation   Audits
   Division,  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).
 
        Tri-State Motor Transit Co. asked us to review the denial by
   the  General  Services   Administration's  Transportation  Audits
   Division (GSA) of that carrier's claim for additional payment for
   transporting a  shipment of explosives for the  Department of the
   Army in December 1994.  According to Tri-State, some of the items
   shipped were for a foreign  military sale, and the charges should
   consequently  have been  calculated under  a different  authority
   than was initially thought to have controlled.
 
        In response to  the filing of this case,  GSA reexamined the
   matter and  agreed with  the carrier.   It consequently  issued a
   settlement certificate granting full payment.  
 
        Although the  Military Traffic Management  Command continues
   to believe  that GSA's earlier  position was correct,  we dismiss
   the  case.    The  authority  delegated  to  this  Board  by  the
   Administrator of  General  Services  with  regard  to  Government
   payments for transportation is to decide, when asked to do  so by
   carriers or  freight forwarders,  whether determinations made  by
   GSA on claims filed by  those companies were correct.  Delegation
   ADM P 5450.39C  CHGE 63 (July 17, 1996) (referencing  31 U.S.C.  
   3726(g)(1)).  Because Tri-State no  longer wishes that we rule on
   the correctness of  GSA's determination on the claim  that is the
   subject  of this  case, there is  nothing left for  us to decide.
   Tri-State Motor Transit Co., GSBCA 13826-RATE, 97-2 BCA   29,064.
 
                                      __________________________
                                      STEPHEN M. DANIELS
                                      Board Judge