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B-189961 1 (1978-05-26)

handle is hein.gao/gaobadgci0001 and id is 1 raw text is: I wi z -tYn b THlE COMPTRO0LLER CGENERAL DECISION . OF THE UNITED STATES VASHI.NGTON. D.C. 20548 4. ' 4 V DATE: 4 - *4eG.. . . I 4. * 4t May 26, 1975 MATTER OF: Providance Philadelphia Diupatrh, Inc. 0 DIGEST: G Rate-tenders, issued pursuant to section 22 of the Interstate Commerce Act, 49 U.S.C. 5 22, 317(b) (1970), are continuing offers to perform transportatibn seltvices for stated prices. They are effective until witidrawn by a communication which expressly or by implication notifies the offeree that the offeror no longer intends to perform. See Ct. cases cited. This decision i's in response to-a letter of August 18, 1977, from Providence'Philadelphia Dispatch, Inc. (Providence), request- Iag review of numerous notices of overcharges sent to Providence by the General ' Services Administration (GSA). Further action by. GSA in connection with-these overcharges is being held in abeyance pending this review., Thereview is being made under 49 U.S.C. I 66(b).(Supp. V, 1975) and I sC.7.R. 5 53.3 (1977), since GSA has .sreed that its action in this case constitutes finality of admin- istrative consideration. See 4 C.F.R. £ 53.1 (b)(3) (1977). Providence is a freight forwarder subject to regulation under Part IV of the Interstate-Commerce Act. Under Section 22 of that Act, as amended, 49 U.S.C. 22 (1970), made applicable to-freight forwarders by Section 405 of the Act, 49 U.S.C. 1005 (1970), Providence submitted to the Department of Defense (DOD) several offers to transport property at rates less than the forwarder's tariff rates otherwise applicable to DOD shipments. The offers involved in this case are Providence's Tender Nos. 25, 28 and 29. Each contains a schiaule of rates, a descrip- tion of the services and territries covered and numerous con- ditions and instructions. One of the conditions in each tender requiras in part that it may be canceled or modified by written notice of no less than thirty days by either party to the other. - 1- lb 0 S I4- I- LW I I I D-189961 9 C. /t. e.i FILE: I *1 a dO I

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