HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadfog0001 and id is 1 raw text is:
THE COMPTROLLER UtlNRSRAL
DECISION . P THE Ur.JdTW *rATEU
W A413 H WASHINGTON. o.I.'. 2054n
& NITt,0
FILE: B-189100 DATE: December 27, 1977
MATTE;. ,.2.: Yellow Freight System, Inc.
DIGEJT.
1. Carrier has burden of proving correctness of transportation
t:harges originally collected on shipment. See caaes cited.
2. YPresumption that bill of lading correctly describes the
article tendered for transportation is not conclusive; im-
portant fact is what moved, not what was billed. See cases
cited.
3. In reviewing GSA settlements GAO nust rely on written record
and, in the absence of clear and convincing contrary evidence,
will accept as correer facts in GSA's administrative rtfport.
Carrier has burden of affirmatively proving its case.
Yellow Freight System, Inc. (Yellow Freight), in a letter dated
May 11, 1977, requests the Comptroller General of the United States
to review the General Services Administration's (GSA) action on its
-bill for transportation charges. See Section 201(3) of the General
Accounting Office Act of 1974, 49 U.S.C. 66(b) (Supp. V, 1975).
GSA, after auditing the bill, notified Yellow Freight of an over-
charge of $2,634.38 which in the absence of refund was collecLed by
deduction. 49 U.S.C. 66(a). Under regulations implementing Section
201(3) of the Act, a deduction action constitutes a reviewable
settlement action [4 C.F.R. 53.1(b)(1) and 53.2 (1977)]; Yellow
Freight's letter complies with the criteria for requests for review
of that action. 4 C.F.R. 53.3 (1977).
GSA reports that its action was taken on a shipment weighing
8,750 pounds, described on Government bill of lading (GBL) No. A-
6018184 as 25 CONTAINERS, SHIPPING, a/T CYL SU [other than cylin-
drical, set up] [at] 350 # and transported by Yellow Freight in
April 1974 from the Naval Air Station, Norfolk, Virginia, to the
Naval Air Scation, San Diego, California. The bill of lading also
contained in parentheses the notation NMFC-A 13-41050.
- I
I
I](ViewImageLocal?handle=hein.gao/gaobadfog0001&div=1&collection=&method=preview&ext=.png&size=3)