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B-226006 1 (1988-02-19)

handle is hein.gao/gaobadmzp0001 and id is 1 raw text is: 



            The Comptroller General
,W /of the United States
     J4     Washington, D.C. 20548

            Decision



            Matterof- Riss International - Rate Applicability- Conflict
                      on GBLs
            File:     B-226006

            Date:     February 19, 1988

            DIGEST

            Where a carrier originally bills the government on the basis
            of rates published in tenders applicable to shipments
            tendered at a 10 cents per pound per article valuation, and
            the tenders are noted on the Government Bills of Lading
            (GBLs), the General Services Administration properly denied
            supplemental bills for substantially higher tariff charges.
            Even though the GBLs also contained a declared valuation of
            $2.50 per pound per article, the $2.50 notation was a
            mistake and the carrier published no tender applicable to
            the $2.50 notation. In any event, the carrier had a duty to
            inquire as to the government's intent if it found the GBLs
            to be ambiguous.

            DECISION

            Riss International (Riss) asks the Comptroller General to
            review the General Services Administration's (GSA) claims
            settlement actions. Riss originally billed the government
            on the basis of rates published in tenders applicable to
            shipments tendered at a valuation of 10 cents per pound per
            article. The tenders, as well as a $2.50 per pound per
            article declaration, were noted on the GBLs. The carrier
            later claimed higher tariff charges based on the $2.50
            valuation. We conclude that GSA properly denied the
            carrier's claims for the additional charges.

            BACKGROUND

            Riss transported 294 Department of Defense shipments on GBLs
            which contained two notations material to this case. One
            notation declared a released value of $2.50 per pound per
            article and the other referred to one of several Riss rate
            tenders that offered reduced rates to the government under
            49 U.S.C. S 10721 (1982) for shipments tendered at a maximum
            released value of not to exceed 10 cents per pound per

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