About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-203929.2 1 (1982-04-09)

handle is hein.gao/gaobadkfi0001 and id is 1 raw text is: 1 I ~THE COMPTRIOLLER GENERIAL DECISION ..7 OP THE UNITED UTATES 1 r k'4/cWASHINGTON, 0. C. 20osqa Ism FILE: B-203929.2 DATE: Aprl 9, 1982 MATTER OF: American Farm Lines, Inc. DIGEST: Where item in motor carrier's tender expressly states that transportation rates offered therein will not apply if shipper fails to load, count, unload freight, and apply numbered seals to c~rrier'n equip- ment, option offered to shipper in same tender's exclusive-use rule to apply loc)in or seals to the vehicle or vehicles with instructionn to preserve seal integ- rity is not exception to general tender requirement that shipment be sealed, The exclusive-use service provision merely offers the rhipper additional rights when requesting exclusive use, the option to seal the vehicle with specific instructions con- cerning preservation of the integrity of the seal. American Farm Lines, Inc. (AFL), requests review of deduction action taken by the General Ser'ices Administra- tion (GSA) for an alleged overcharge in connection with a shipment moving under Government Bill of Lading (GBL) No. S-0,551,728. Exclusive use of vehicle service was requested by the Government and furnished by the carrier. AFL originally billed and was paid tranuiportation charges on the basis of tariff rates. GSA's audit action was based on lower rates in AFL Tender 266. It is AFL's ,, position that Tender 266 is not applicable because it required the shipper to seal the vehicle as a condition 9,. of applicability, and the shipper undisputedly did not 1I' perform this function. However, GSA contends that under Tender 266, the application of seals to the carrier's vehicle by the shipper was optional, not mandatory, and6 therefore, the lower Tender 266 rates were applicable to this shipment. We reverse GSA's audit action. ste, 1 St .- . , .-$, Ul

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most