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B-190624 1 (1978-08-29)

handle is hein.gao/gaobadgkm0001 and id is 1 raw text is: 







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FILE:  B-190624


OATE:  August 29. lqTS


MATTER OF: Trans Country   Van Lines, Inc.


DIGEST:

1.   Provisions in carrier's individual section 22 Tender 150
     incorporating-by reference classification rules and er
     captions, ad accessorial charse in group Tender 1-W,
     do not disclose intenlZon to combine eicess-distance,
     rate factor i. Tender L-W for purpose of computing line-
     haul rates on diotances in ex.ess of 3,000 miles.

2.   Carrier's individual Tender 150 incorporating some rules
     from Tender 1- shows clear intention to deny ope:'ation
     of other rules omitted from incorporation.

3.   Neither carriers not shippers can be permitted to urge
     for their own purposes a atrained and unnatural tariff
     construction.


4.   In settlement by GSA, no amounts should
     stituting upward revision ov.r original
     more than 3 years previously, b-188647,


be allowed con-
bill paid carrier
December 28, 977.


     Trans Country Van Lines, Inc. (Trans Country), in a letter
dated October 31, 1977, requents review by the Comptroller General
of the United States of the General Services Administition's
(GSA) action in disllloiing two of its claims for a total of
$3,902.24. See section 201(3) of the General Accounting Office
Act of 1974, 49 U.S.C. 66(b) (Supp. V, 1975). GSA disall6wed
the claims on the basis of a settlement certificate and by a
letter to Trans Country sustaining'its oilginal disallowance.
Under regulations implementira section 201(3) of the Act, the
disallowance of a claim constitutes a reviewable settlement
action [4 C.F.R. 53.1(b)(2) and 53.2 (1977)]; Trans Country's
letter complies with :he criteria for requests-for review of
that action. 4 C.F.R. 53.3 (1977).

     The record shows that two shipments are involved. For
transportation of a shipment of elettrical equipment frnm
Sunnyvale, California, to Plattaburg Air Force Base, New York,












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THE  COMPTNUL.UPI UWNUNAL
OF   T11 usePrImED STATEs
WAUHINGTON.  3.C. U01541

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