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DECISION
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WASHINGTON, D.C. 20546
U-202387
DATE: January 20, 1982
MATTER OF; Department uf Agriculture Request for Advance
Decision--Claim of Garrison TruIcking Company
DIGEST:
Where Government agency acted in good faith
to arrange experimental load under Nemorandum
of Understanding providing for loan of Govern-
ment owned experimental trailer, carrier is
not entitled to reimbursement for cost of
transporting trailer to and from designated
pick-up point, since Government did not assume
risk that expected load might be canceled by
a third party shipper.
The Department of Agriculture has requested our
opinion regarding payment ot a claim filed with it kY
Garrison Trucking Company, :nct for q532.00. Garrison
seeks payment for the cost of transporting a Government-
furnished experimental refrigerated trailer from Los
Anyelen to Fresno, Californ.a, and returning with it to
Los Angeles.
We find no legal basis for the payment of the claim.
The trailer was furnished to Garrison under Memorandum
of Understanding 12-45-MU- (MOU) between the claimant and
the Department of Agriculture as part of a trailer testing
program. The program seeks data regarding the usefulness of
certain trailers in transpurting refrigerated goods. Under
the 1OU, the Government loaned the trailer to Garrison, and
agreed to arrange for test shipments by cooperating third-
party shippers; the truc)er agreed to incorporate the
trailer into its fleet ands
To take possession of the trailer at a point
to be designated by the Lending Agency [the
Government], [and to] transport or have the
trailer transported by its agent to the par-
ticular shipping point or points from which
experimental shipments have been arranged by
the Lending Agency. Upon completion of the
shipping experiments, [the trucker will]
return the trailer to one of its terminals
or equipment staging points.
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