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B-201549 1 (1981-01-13)

handle is hein.gao/gaobacutm0001 and id is 1 raw text is: 



GAO
United States General Accounting Office
Washington, DC 20543


Office of
General Counsel
In Reply,
Referto: .8-201549


Illinois-California Express, Inc.
510 East 51st Avenue
Denver, Colorado  80216


4, : y 7


        Attention:  Charles D. Loflin
        -        IOvercharge   Claims Manager

a Gentlemen:          '7tfI'                             /


Subj e ct:


I.C.X. claim O/C 800056
GSA claim TACA/L-1265141
Yellow file 11 193914


     Your letter of December 8, 1980, requests that we join
Illinois-California Express, Inc. (ICX) with Yellow Freight
System, Inc. (Yellow) in a proceeding initiated in this
Office by Yellow.  Apparently, you refer to our file, B-199805,
in which Yellow requested review of deduction action that
was taken by the General Services Administration (GSA) to
recover overcharges collected by that carrier.

     In B-199805 Yellow disputed GSA's audit basis, which
was item 3860 of U.S. Government Quotation ICC RMB Q15-D.
The question of item 3860's application requires interpre-
tation of the abbreviation LTL as it appears in note 1 of
the item.

     As you point out, note 1 provides that the applicable
rates under item 3860 are the currently applicable class
55 LTL rates published in various tariffs.  You agree with
Yellow that the higher class 55 tariff rates applicable to
shipments weighing less than 500 pounds also apply to ship-
ments of greater weights despite the publication of lower
class 55 rates for shipments weighing 1,000; 2,000; 5,000;
10,000; and 20,000 pounds.  The apparent basis for that
position is that under the scale (weight) column in the
tariff rate schedules, shipments of less than 500 pounds  are
referred to as LTL.

     The Comptroller General issued a decision in Matter of
Yellow Freight System, Inc., B-199805, on December 29, 1980,


3


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