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B-193727 1 (1979-11-21)

handle is hein.gao/gaobadhsz0001 and id is 1 raw text is: 1THE COMPTROLLER GENEAL 0-EC ISIM-MV. OF TH'E* UNMITED STATES` WASHINGTON, O .C. 20548 FILE: B-193727 DATE: November 21, 1979 MATTER OF: Y. W. & T. Metal Corporation - Reconsider- St_ at ion 't4/ DI G3E ST: 4 Contractor who enters into undertaking to transport property in interstate commerce must possess appropriate operating authority in its own name from Interstate Commerce Commission. Y. W. & T. Metal Corporation (Y. W. & T.), in effect, has requested reconsideration of our decision of May 18, 1979, B-193727, in which we held that a transportation contract with Y. W. & T. for the movement of Government property from California to Arizona was contrary to the Interstate Commerce Act, 49 U.S.C. 1, et seq. and illegal, since Y. W. & T. was not authorized by the Interstate, 0C 00409 Commerce Commission (I.C.C.) to transport-property in Interstate commerce. We also held, however, that on pres- entation of a properly certified and supported Public Voucher For Transportation Charges, SF 1113, Y. W. & T. could be paid on the basis of quantum meruit the reasonable value of the services rendered measured by the usual rates of duly authorized carriers for the same or similar service. On request for reconsideration Y. W. & T. asserts, in pertinent part, that Y. W. & T. has a home base in Arizona, that its truck is licensed in Arizona, and that the service was pieced out to different carriers, some of whom had State or I.C.C. operating authority. These factors do not, however, cure the legal defect, and our prior decision is affirmed. Y. W. & T. undertook in its own name to transport Government property in interstate commerce from Barstow, California, to Casa Grande, Arizona, under Government bill of lading No. L-0097820 in 1974. If Y. W. & T. purported to contract as a motor carrier it was required by former section 206 of the Interstate Commerce Act, 49 U.S.C. 306 (1976) to hold authority as a common carrier, or by former section 209, 49 U.S.C. 309 (1976), as a con- tract carrier. A broker of transportation services was required by former section 211 of the Act, 49 U.S.C. 311

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