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B-202596 1 (1982-09-07)

handle is hein.gao/gaobadkpf0001 and id is 1 raw text is: I I i I I I THI COMPTROLLER SGENLRAL OF THC UNITED TATEB WASHINGTON, [.C30. 2-0540 FILE: BS- MATTEF OF: 202596 DATE: September 7, 1982 Yellow Freight System, Inc. DIGEST: Where formula for determining freight all kinds (FAK) rate offered in carrieLs tender provides for taking percentage of applicable class 100 rte from appropriate tariff, there is no intention to fuirther refer to the National Motor Freight Classification to determine each article's individual class rating because formula clearly implies a class 100 basis and to do so would defeat the obvious purpose of the tender to offer Government FAK rates which are in the nature of commodity rates and designed to by- pass the classification rating process. Yellow Freight System, Inc. (Yellow Freight), requests review of settlement action taken by the General Services AdministVation (GSAJ nn one less than truckload (LTL) ship- ment of Government property which was transported from Minneapolis, Minnesota, to San Diego, California, under Government bill of lading (GBL) No. S-0527283. The carrier billed and was paid $342.05 on presentation. GSA subse- quently determined that the applicable charges for the 1,650-pound shipment of pillowcases in question were $256.16 and issued a Notice of Overcharge for $76.89. When Yellow Freight declined to pay the overcharge, GSA caused deduction to be made in this amount from monies otherwise due the carrier. The carrier has not convinced us that GS?'s action was incorrect. The applicable rate for the formula contained in ite Tariff Bureau, Inc.,United S ICC RMB Q33-A (RMB 033-A). LTL rates on freight all kin less than 10,000 pounds. It determine the applicable cla Including any applicable Inct Rocky Mountain tariff; then, table, apply a percentage of rate depending on the weight the shipment is determined by !m 1500 of Rocky Mountain Motor tates Government Quotation Item 1500 expressly provides ds- (FAK) shipments weighing provides that one must first ss 100 cate (and minimum charge), rease, from the appropriate as siown in the following the applicable class 100 of the particular .hipment. - .I .;~- - .N ' - * -. . . . . . ~ . -. 9..-t W~ r~W'I DECISION 9 I lb I ., I I, 'I JI :~ II I' P A 'I *3:1~ II' S /9 S.'.' .99 // Fg ,, A e, <

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