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B-188091 1 (1978-01-06)

handle is hein.gao/gaobadfoh0001 and id is 1 raw text is: TH COMPAilTFOLLtP CGI\NElRAL DECIIil ..) D THE UNLITETJl LTATES t3/A1-11 NGTN. D.C. C OS40 S FILE: B-188091 DATE: January 6, 1978 MATTER OF: Trans Country Van Lines, Inc. DIGEST: Carrier's section 22 tender covering office furniture, files, fixtures and equipment applies to the shipment of dental equipment. This decision is in response to a letter of August 10, 1977, from Trars Country Van Line-, Inc. (Trans Country), requesting reconsideration of our decision of July IL, 1977, B-188091, in which we sustained the General Servicos Administro- tion', (CSA) disallowance of Trans Country's claim for $669.01. GSA's action was taken on a shipment of dental euipment weighing 22,280 pounds which was transported in November 1971, fro.n Fort Knox, Kentucky, to Forest Park, Georgia, under Government bill of lading (CL) No. F-9088595. Trans Country billed and was paid $742.35 for tcansporting the shipment, Its charges were based on the carrier's Section 22 Quotation I.C.C. 150 (Tender 1501. On March 6, 1974, Trans Country issued its supplemental bill or claim No. 1498 for additional transportation charges of $669.01. This additional amount was based on chargcs derived from the household goods rates listed in Government Rate Tender I.C.C. 1-V (Tender l-V). Trans Country asserted that the shipment of dental equipment fulf'within the specific provisions of Tender 1-V, Item 10,' subsection 2, which expressly applies to hospital equipment. GSA believed that the dental equipment was propeciy classified as office furniture and equipment which is covered by Trans Country's Tender 150. ie agreed and on that basis sustained GSA's disallowance of Trans Country's claim for the additional transportation charges. The commodity description in Tender 150 roads in part: OFFICE FURNITURE, FILS, FIXTURES AND EQUIPENT . . .. Trans Country argues that Tender 150 does not apply to the commodities shipped under CBL No. F-9088595 for two reasons: firat, the conmuodities which were shipped were hospital equipment, not office furniture or equipment; and second, as framers of the tender its intention should be a controlling Eactor, and Trans Country dlid not Intend Tender 150 to apply to either hospital or dental equipment. - 1 -

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