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B-225507 1 (1987-09-23)

handle is hein.gao/gaobadmvs0001 and id is 1 raw text is: aThe Comptroller General of the United States Washington, D.C. 20548 UDecision Matterof- Stevens Transport - Carrier Denies Issuance of Apparently Valid Rate Tender File: B-225507 Date: September 23, 1987 DIGEST A motor carrier contends it was improper for the General Services Administration (GSA) to recover overcharges on the basis of rates published in a tender which the carrier denies that it ever issued. However, the Military Traffic Management Command (MTMC) received the tender and returned it to the carrier for revision, and MTMC received it back again with required revisions. Also, reference to the tender on Government Bills of Lading gave the carrier notice of the government's intentions to apply the tender; however, the carrier failed to inquire about it until after GSA issued the notices of overcharge. Under these circumstances, the carrier's general denial of responsibility for the tender does not meet its burden to prove the legal liability of the United States, and where there is doubt concerning the government's liability, GSA's audit action is sustained. DECISION Stevens Transport asks the Comptroller General to review numerous deductions made by the General Services Administration (GSA) from monies otherwise due the carrier to recover overcharges allegedly collected by Stevens. The carrier contends that the rate tender used in GSA's audit was not issued by Stevens; therefore, the deductions were improper. In the absence of proof supporting the carrier's contention, we sustain GSA's actions.1/ BACKGROUND For the transportation of numerous shipments for the Department of Defense (DOD), Stevens Transport collected 1/ Stevens filed several amendments to its initial request for review containing numerous references to additional overcharges. This decision covers all bills involving the same issue.

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