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B-192689 1 (1979-01-24)

handle is hein.gao/gaobadgwa0001 and id is 1 raw text is: 


                                THE  COMPTROLLER GENERAL
   DECISION          41'        OF   THE UNITED STATES
                         .1     WASHI   NGTON, 0. C. 2054B6OQ~




   FILE:  B-192689                    DATE:  January 24, 1979

   MATTER OF: Tri-State Motor Transit Company     j7


   DIGEST:

     Where carrier's rate tender provides for separate charges for
     each man required, Government request for two drivers and an
     armed guard requires carrier to furnish three people to perform
     the services in order for the Government to be obligated to pay
     the charges.

     Tri-State Motor Transit Company (Tri-State), in a letter dated
August 17, 1978, requests the Comptroller General of the United States
to review the General Services Administration's (GSA) action on 44 of
its bills for transportation charges. See 49 U.S.C. 66(b) (Supp. V,
1975), and 4 C.F.R. 53.3 (1978). GSA, after auditing the bills,
notified Tri-State of overcharges that in the absence of refund were
collected by deduction from subsequent bills. A deduction constitutes
a reviewable settlement action [4 C.F.R. 53.11 and Tri-State's letter
complies with the criteria for requests for review of that action.
4 C.F.R. 53.3 (1978).

     The bills in dispute cover 44 shipments of various types of
ammunition and explosives transported by Tri-State in 1975 and 1976
on Government bills of lading (GBL) between places in the United
States.

     GBL No. M-3080146 covers a typical shipment; it was issued on
September 13, 1976, and shows that Tri-State transported a pallet of
rocket ammunition with explosive projectiles weighing 700 pounds from
Tooele Army Depot, Utah, to Fort Polk, Louisiana. The bill of lading
contains these annotations authorizing protective, security and
surveillance services:

     ARMED GUARD REQUESTED; DUAL DRIVER PROTECTIVE SERVICE
     (DDPS) REQUESTED; PROTECTIVE SECURITY SERVICE REQUESTED
     EXCLUSIVE USE OF VEHICLE FOR GOVERNMENT USE.

     Tri-State collected transportation charges of $2,801.25 on the
shipment.  The truckload line-haul charges were $1,950.40; the charge
for the armed guard was $309.40; the charge for dual driver protective
service was $232.05; and the charge for the protective security
service was $309.40.


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