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B-190955 1 (1978-10-13)

handle is hein.gao/gaobadjan0001 and id is 1 raw text is: I I I _: THE COMPTROLLER GENERAL DIECISION . F OP THE UNITED ETATES VAWASNINOTON . DC. 2095403 4.,. FILE: B-10955 DATE: OCT 1 3 MATTER OF: Ace Doren Hauling & Rigglg Co., Inc. DIGES r 1. Where carrier's rate tender specifies delivery point of Portsmotth, New Pampshire, for items for Portamourh Naval Snip- yard and shipyard in located I 1/2 miles from Perrsmoith, New Hapshire, in Kittery, Maine, highly unusual ct i.c'=tances exist requiring resort to extrinO,,t evidence to aseertain whether carrier's lazent was to include Kittery, Maina, within the Portsmouth, New Hampshire, destination. 2. l tent of carrier, whlen analyzed in' terms of circunstances of this case, which included different railing aid delivery addresses for the shipyard!, the type of items shipped, the conduct of the Government shipping agent ani the carrier's agent, and the subsequent communications between the parties, was to deliver items to Portsmouth Naval Station in Kittery, Maine, and GSA validly determined that carrier's rate tunder was applicable to the shipments. Ace Doren Hauling & Rigging Co., Inc. (Ace ord), through its attorney, requests review of thic.eneal Services Administration'a (GSA) ac ion on 34 of its bills for rtzLVportat.on servic's. See Section 201(3) of.,the General Accounting Office Act of 1974, 49 U.S.C. 66(b) (Supp. V, 1975), After auditing the bills, GSA notified Ace Doran of overcharges totalifig $3,328;86, which in the absence of refund were collected by deduction from moneys otherwise due the carrier. 49 U.S.C. 66(a) (Supp. V, 1975). Under the regulations implementing Section 201(3) of the Act, deducticn actiohs are roviewable settlement actions [4 C.F.R. 52.1(b)(1) and 53.2(1977)1; Ace Duran's letter complies with the criteria for requestr of review f those actions. 4 C.F.R. 53.3 (1977). The/record submitted by GSA shows that the overcharges were made on 34 shipments of batteries, electric cEorage, dry assembled, NOI, transported on Government bills oi lading (GBL) during the period of February 2, 1974, to November 11, 1974, from Gould, Inc., in West Kankakee, Illinois, to the Portsmoath Naval Shipyard in Kittery, Maine. According to GSA, the shipment transported under GBL No. K-6423237.is representative of the 34 shipments. Among other things, .,I

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