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B-195482 1 (1979-10-16)

handle is hein.gao/gaobadhrf0001 and id is 1 raw text is: : ;1 0 7 THE COMPTROLLER GENERAL DECISIDN . .OF THE UNITEDSBTATES WASHINrTON, D.C. 20549 FILE: 8-195482 DATE: October 16, 1979 MATTER OF: Baggett Transportation Company DIGEL.T: 1. Source' ffreight rates and charges on original carrier bills presented to Government for payment before audit, not determinative of Government's obligations at law. 2. Governmets i ablity drectly'o carrier flz-o~rpayment of ,freight charges for transportationof Foreign Military Sales (FMS) shipents under Government bill of lading (GBL) contracts, presumes benefit of Sction 222'rtes accrues to United States. True'ransport, Inc., B-190739, March 30, 19'!8. .3. Where two pubiishied charges (tariff and tender) are equally applicable to same FMS shipments, Government entitled to lower tender rates. Baggett Transportatioh Company-(Ba4gett)- requests review of adtion'takehdby'the General Services Admin- istration (GSA) in which $18,142.98 was 'deducted from other monies due the carrier. See 49 U.S.C. 66(b) (1976) and 4 C.F.R. 53 (1978). : tGSA taeas that Be6' t transpotted..7l Freign, Military Sales '(FMS) shipiints' from various, _'overnmunt depots to numerous other pointswithin the United States, for diport4x See tle kAs Exorttontrol Act, .22JU'.S.C. 2751 (197). The Government paid `heL carrierus`bills 'upon presen ation, as required. y 49 U.S.C. 66(a) .GSA's audit determined that.Baggett colledted overcharges on all of its bills. Deductions were made to recover the overcharges collected for transporting 30 shipments of explosives, ammunition and other haiardcus articles, while similar action to recover $17,429.07 collected on the other 41 shipmerits is being withheld pending disposition of this review.

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