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B-245385.2 1 (1992-05-20)

handle is hein.gao/gaobadbyi0001 and id is 1 raw text is: 


Comptroer General
of the United States
WaskageeW D.C. 20548

Decision



Matter  of:     Eck Miller Transportation Corporation -
                Reconsideration

File:           B-245385.2

Date:           May 20, 1992


DIGEST

Request  for reconsideration is denied where it essentially
only  restates arguments in the original request for review,
and presents  no evidence demonstrating an error in fact or
law  in the prior debision.

DECISION

Eck Miller  Transpgrtation Corporation, a motor carrier;
requests  that we reconsider our decision of January  51-
1992,  in which we held that the government may alternate
rates/charges  for shipments weighing 10,000 pounds or more
with  rates/charges contained in a tender marked for
distribution  to routing authorities responsible for traffic
of  less than 10,000 pounds.  We deny Eck Miller's request.

Eck Miller  offered service under two tenders covering the
same  commodities, and submitted in the Department of
Defense's  Standard Tender format.  Block 17 of the Standard
Tender  allows the carrier to denote distribution of the
tender to  routing authorities responsible for shipments of
less than  10,000 pounds, or to those responsible for
shipments  of 10,000 pounds or more, or to both.  Eck Miller
marked block  17 to denote a different distribution for each
tender;  the rates in the tenders were different.  In our
decision,  we pointed out that the associated instructions
informed the  carrier that distribution preference was for
administrative  purposes only, and we held that distribution
preference  was unrelated to rate alternation.

The carrier  bases its request for reconsideration on three
grounds.   First, it contends that a carrier's intent to
distribute  a tender for traffic routing purposes only to
routing  authorities of traffic of less than 10,000 pounds,
also means  that the rates/charges therein apply only to
shipments  of less than 10,000 pounds.

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