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B-193964 1 (1979-10-05)

handle is hein.gao/gaobadhqu0001 and id is 1 raw text is: j ~ ~.THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASIINGTON, D.C. 20548 'N IT~- FILE: B-193964 DATE: October 5, 1979 MATTER OF: Mercury Van Lines, Inc. )&t sa DIGEST: 1. Rate tenders issued pursuant to Section 22 of Interstate Commerce Act, 49 U.S.C. 22, 317(b) (1976), are continuing offers to perform transportation services for stated prices. 2. Where Government-offeree's Tender Filing Instructions, binding on carrier-offeror, provide that supplement canceling rate tender will not become effective until 30 days after receipt by Government- offeree, carrier-offeror's cancellation supplement making cancellation dependent on Government-offeree's acceptance date does not automatically become effective 30 days after receipt by Government- offeree but becomes effective when ac- cepted by Government-offeree. Mercury .Van Lines, Inc. (Mercury)Z equests se I-pr review of audit actions taken by the Transportation Audit Division, Generar Services Administration (GSA)NG40 on seven notices of overcharge sent to Mercury. Further action by GSA on these overcharges is being held in abeyance pending this review. The review is being made under 49 U.S.C. § 66(b) (1976) and 4 C.F.R. § 53.3 (1978) since GSA has-agreed that its action in this case con- stitutes finality of administrative consideration. See 4 C.F.R. § 53.1 (1978). The notices of overcharge result from GSA's deter- mination that freight charges lower than those collected by Mercury were in effect and applicable to seven shipments of household goods transported by Mercury between June 9 and 17, 1977, in'interstate commerce on Government bills of lading. The lower freight charges are derived from Mercury's rate Tender's ICC #63 and ICC #64 (Tender 63 and Tender 64).

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