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B-193727 1 (1979-05-18)

handle is hein.gao/gaobadhgd0001 and id is 1 raw text is: 


                             THE  COMPTROLLER GENERAL
DECISION                     OF   THE UNITED STATES
                             WASHINGTON, D. C. 2054E




FILE: B-193727                      DATE:  May  18, 1979

MATTER OF: Y.W. & T. Metal Corporation


DIGEST:

     Where carrier without required Interstate Commerce Com-
     mission operating authority performs interstate trans-
     portation services on Government bill of lading, its
     properly certified voucher for those services may be
     paid on quantum meruit basis.

     Marilyn N. Barclay, an authorized certifying officer of the Mine
 Safety and Health Administration (MESA), United Ptates Deparlme=. of
 Labor, requests an advance decision pursuant     U.S.C. § 82d
 (1976). Her question concerns theropriety  of      ar
 totaling $71,987 for the transportarion in Januaty 1975 of heavy and
 bulky Government equipment, weighing a total of 719,870 pounds, on
 Government bill of lading (GBL) No. L-0097820 by Y.W. & T. Metal
 Corporation (Y.W.&T.) from Barstow, California, to Casa Grande,
 Arizona, in conjunction with the operation of a training institute
 under a Government grant.

     The specific voucher which gives rise to the question was not
submitted with the request. See 52 Comp. Gen. 83 (1972). See, also,
41 C.F.R. 101-41.302-1(m) (1978) , which prescribes SF-1113, Public
Voucher for Transportation Charges, for use in billing for trans-
portation services performed on GBLs.

     A copy of GBL No. L-0097820, which is illegible in part, to-
 gether with copies of other documents, have been provided in support
 of the claim. The Department of Labor advised this Office infor-
 mally that the location of the original GBL is unknown. In this
 connection, see 41 C.F.R. 101-41.307-1 (1978), which provides that
 when the original of the regular GBL has been lost or destroyed,
 the billing carrier shall use the original freight waybill, properly
 certified by the issuing office and by the carrier, as a substitute
 document for billing the charges.

     The Interstate Commerce Commission has advised us informally
 that in January 1975 Y.W. & T. was not authorized to transport
 property in interstate commerce as required by the Interstate
 Commerce Act, 49 U.S.C. 1 et seq. (1976).

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