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B-186314 1 (1977-01-12)

handle is hein.gao/gaobaddwp0001 and id is 1 raw text is: 1 I . Kenneth SIegeL thSsp. THE COMPTROLLER UMNERAL DECIBION *F OP THM UNITED STATUE WASHINGTON. D.C. 20aeo* LiTys C, FILE: 5-186314 DATE* January 12, 197 t MATTER OF: Navajo Freight Lines, Inc. DIGEST: In dispute over factual questions of the size and type of vehldia on vhich a ship- sent was transported, the rule of the General Accounting Office is to accept the administrative report of those facts as correct in the absence of sufficiently convincing contrary evidence. Navajo Fright Lines, Inc. (Navajo), by correspondence of April 8. 1976, request. review by the Comptroller General of the United*States of a deductiop action taken by the former Transportation and Claims Division (TCD) of.ie Geieral Accounting Office, now a part of te Genaral Services Administration. See the General Accounting Office Act of 1974, 88 Stat. 1959, approved January 2, 1975. A deduction action constitutec a settlement within the meaning of Section 201(3) of tht Act, 49 U.S.C. 66(b) (Supp. V 1975) and of 4 C.F.R. 531(b)(l) and 53.2 (1976). Navajo's April 8, 1976, communication was in substancial cnpliance with the requirement of 4 C.F.R. 53.3 and 53.4 (1976), estAblishing the carrier's right to a review of a GSA *rctlement by the Comptroller General. TCD's aztion was taken on a shipment of electroniic guidance contkal apparatus transported in two trailers (Nos. 510 and x520A) on Government bill of lading No. 0-4879250. dated April 19, 1972, from Avondale, Colorado to Oakland, California. The part of the shipment in each trailew weighed 18,900 pounds and consisted of 18 crates. The bill of lading shows that twu 40-foot trailers were ordered and furnished and that the carrier furnished pick up service at origin. Navajo-colected freight ch2rges of $1,944 On the, shipment. However, following an audit of the freight charges TCD issuJ a Not. r of Overcharge on October 11, 1973, for $53J. When Navajo failed to make a voiuntary refund of the overcharge, it was deducted from other monies due the carrier by the Government. 49 I.S.C. 66(a) (Supp. V 1975). Lao 1.

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