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B-192951 1 (1980-03-17)

handle is hein.gao/gaobadica0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECIlsION 1 1/1 OF THE UNITED STATES I ---~WASHIN GTON, 0. C. 20548 FILE: B-192951 DATE: March 17, 1980 MA4TTER OF: American Van & Storage, Inc. -- Reconsideration DIGEST: Where request for reconsideration pre- sents no evidence demonstrating an er- ror in fact or law and no arguments not previously considered, our prior decision is affirmed-. American Van & Storage, Inc. (American) requests reconsideration of our decision of May 9, 1979, B-192951, in which we sustained the deduction action taken by the General Services Administration (GSA) o recover overcharges collected by American on five intrastate shipments of household goods owned military personnel. The facts in this case were fully stated in that decision and will not be re- peated except as pertinent to the present discussion of the case. For the reasons stated below, our deci- sion is affirmed. The overcharges on the five shipments represent the difference in transportation charges between amounts collected .by American, derived from Govern- ent Rate Tender I.C.C. No. 1-X (Tender 1-X), and those derived from Florida Household Goods Carriers' Bureau Tariff 12, HG-FPSC 12 (Tariff 12), GSA's audit asis Most of the overcharges consist of a bridge cha e of $4 per 100 pounds, found in item 290-A of Tender 1-X and applicable to transportation performed through Islamorada, Florida, and points south and west in the Florida Keys. The bridge charge was not contained in Tariff 12, the Florida intrastate tariff. In our prior decision, we agreed with GSA that the Florida tariff contains the lowest applicable charges on the shipments transported by American. In it-s request for reconsideration, American contends that our opinion did not adequately con- sider two of its arguments: First, that the ship- ments were tendered under the rate terms in Tender

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