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B-200795 1 (1981-05-26)

handle is hein.gao/gaobadjko0001 and id is 1 raw text is: 2vTyri-_ COM~PTIP1.0i E -RAL WASHINGTON, 0. C. 20546 FILE: B-200795 DATE: May 26, 1981 MATTER OF: William R. O'Brien - Transportation of household goods - Excess weight DIGEST: An employee of Department of Army is liable for excess costs incurred in transportation of household goods under Government Bill of Lading where total weight shipped exceeded statutory maximum of 11,000 pounds, regard- less of the existence of extenuating circum- stances. However, in view of uniform tare weights of containers holding household goods, consideration should be given to applying 85 percent rule contained in Federal Travel Regulations, paragraph 2-8.2b(3). William R. O'Brien appeals the determination of our Claims Group that he is indebted in the amount of $3,350.73 for the excess weight of household goods shipped incident to his transfer. Mr. O'Brien, an employee of the Department of the Army, was transferred during the surmmer of 1979 from Brussels, Belgium, to Fort George G. Meade, Maryland. He was author- ized transportation of a maximum net weight of 11,000 pounds of household goods, in accordance with 5 U.S.C. 5724(a) and the Federal Travel Regulations (FTR) (FPMR 101-7, May 1973), paragraph 2-8.2a (FPMR Temp. Reg. A-Il, Supp. 4, April 1977). The goods were shipped on a Government Bill of Lading which listed the net weight of the goods as 16,035 pounds, and is supported by valid weight certificates. The Department of the Army computed Mr. O'Brien's excess cost as $3,352.30, on the basis of 5,035 pounds of excess weight, and total freight charqes of $10,671.10. Mr. O'Brien states there is a slight discrepancy of $5 in this amount which indicates careless work. Uowever, the amount is correct since the Government received a $5 discount for payment within 15 days, and was billed and paid freight charges of $10,671.10. Mr. O'Brien's main contention is that he took every precaution to obtain estimates of the weight of his house- hold goods prior to shipment. He states that he disposed of certain heavy appliances prior to shipment for the specific purpose of reducing the weight of the shipment under 11,000 TZ 7 t,.iir e

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