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B-197913 1 (1980-09-02)

handle is hein.gao/gaobadins0001 and id is 1 raw text is: 0ULER - THE COMPTROLLER GENERAL OECISION4 OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-197913 DATE: September 2, 1980 MATTER OF: American Farm Lines DIGEST: 1. Where tender describes narrow circumstances under which lower rates apply to transpor- tation of empty containers, it is implied that such rates are not applicable to con- tainers tendered under other than described circumstances. 2. Where tender offers lower rates on empty containers having prior movement in full condition by same carrier, and containers tendered by Government had no such prior movement, tender rates are not applicable on theory they were commodities requiring specialized handling because of size or weight, despite large size and heavy weight of containers. By letter of Febr ary 21, 1980 American Farm Lines (AFL) requested review of s@audit action taken by the General Services Administration (GSA) i onnec- tion with two Government bills of ladingj(GBL). GSA's report of.June 17, 1980, states that in April 1980, amounts of $219.92 and $210Cwere deducted from monies otherwise due AFL to recover overcharges collected by the carrier for the transportation of two truckloads of containersfrom Red River Army Depot, Defense, Texas, to Tooele Army Depot, Tooele, Utah, on GBLs K-3194221 (November 7, 1978) and K-3194422 (November 15, 1978), respectively. The GBLs covered shipments of 16 steel containers, 16 gauge or thicker, empty, NOI, and identify them to item 41060 of the National Motor Freight Classifi- cation (NMFC). GBL K-3194221 shows displacement of the containers of 1438.4 cubic feet, dimensions of

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