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B-192856 1 (1979-03-15)

handle is hein.gao/gaobadgzz0001 and id is 1 raw text is: - TK-E_ COMPTROLLER GENERAL DECISION (.OF THE UNITED STATES VVWASHINGTON, D.C. 20548 FILE: B-192856 DATE: March 15, 1979 MATTER OF: Yellow Freight System, Inc. DIGEST: 1. Presumption that bill of lading correctly described article ten- dered for transportation is not conclusive; what moved is conclusive, not what was billed. 2. Carrier has burdefn of proving correctness of transportation charges initially collected on shipment. Yellow Freight System, Inc. (Yellow Freight), in a letter dated September 7, 1978, requests review by the Comptroller General of the General Services Administration's (GSA) action in collecting an alleged overcharge by deduction from freight charges otherwise due the carrier. A deduction action constitutes a settlement within the meaning of Section 201(3) of the General Accounting Office Act of 1974. 49 U.S.C. § 66(b) (Supp. V, 1975). Under regulations implementing Section 201(3) of the Act, a deduction action constitutes a reviewable settlement action (4 C.F.R. H§ 53.1(b)(1) and 53.2 (1978)); Yellow Freight's letter complies with the criteria for requests for review of such an action. 4 C.F.R. § 53.3 (1977). GSA's action was taken on a shipment of 40 boxes weighing 2,040 pounds, described on Government bill of lading (GBL) No. P-7343114 as INSULATING MATERIAL, NOI, and transported by Yellow Freight in June 1976 from the GSA Warehouse, Fort Worth, Texas, to the Naval Air Station, Norfolk, Virginia. The bill of lading also showed the catalog or stock number 5640-00-285-2081. The GAO catalog assigns this number to one of a group of acoustical articles under the generic heading SOUND CONTROLLING BLOCK. Sound controlling blocks are described as follows: White prefabricated tiles for acoustical treatment and interior finishing. 12 sq. * * 1/2 thick. Butt joints beveled. Flame spread index 76-200. Noise reduction co-efficients grade designation shown. 60 to box. Random large hole perforations. 5640-00-285-2081

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