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B-193964 1 (1980-06-27)

handle is hein.gao/gaobadije0001 and id is 1 raw text is: 0 _LER C; 0 THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES W A S H WASHINGTON D. C. 20548 FILE: B-193964 OATE: une 27, 1980 MATTER OF: Mercury Van Lines, Inc.--Reconsideration 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 Government to perform transportation services for stated prices. These continuing offers are revocable at carrier's discretion and when proper notice of termination of tender offer is given, Govern- ment's power to make any further contract by later acceptance of offer is terminated. 2. Where carrier-offeror files simultaneously with Government-offeree cancellation supplement to rate tender andereplacement rate tender, supple- ment which comports with understanding between parties and complies with applicable filing instructions cannot be rejected by Government- offeree on ground that replacement rate tender is defective. Mercury Van Lines, Inc. (Mercury) requests recon- sideration of our decision in the matter of Mercury Van Lines, Inc., B-193964, October 5, 1979, in which we sustained GSA's audit action on seven notices of overcharges. The notices of overcharge resulted from GSA's determination that freight charges lower than those collected by Mercury were in effect and applicable to seven shipments of household goods transported by Mer- cury between June 9 and 17, 1977, in interstate commerce on Government bills of lading. The lower freight charges were derived from Mercury's rate Tender's ICC #63 and ICC #64 (Tender 63 and Tender 64). We held that Mercury's cancellation of Tender 63 and Tender 64 did not become effective until June 22, 1977, when Mercury's cancellation supplements were accepted by the Military Traffic Management Command (MTMC), which was after the seven shipments were tendered to Mercury for transportation.

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