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B-206942 1 (1982-10-29)

handle is hein.gao/gaobadkrq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION 4.A,. OF THE UNITED BTATES WASHINGTON. 0.C. 20548 FILE: B-206942 DATE: October 29, 1982 MATTER OF: Milne Truck Lines, Inc. DIGEST: 1. Where formula for determining freight all kinds (FAK) rate offered in carrier's tender provides for taking percentage of applicable class 100 rate from appropriate tariff, there is no intention to further refer to the National Motor Freight Classification to determine each article's individual class rating because the 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 bypass the classification rating process. 2. Generally, for the same commodity, a carrier may not charge a shipper a greater amount to transport a lesser weight. Milne Truck Lines, Inc. (Milne), requests our review of a General Services Administration (GSA) audit action concerning the carrier's bill No. 60-046896 for the trans- portation of a shipment of dry goods under Government Bill of Lading (GBL) No. K,7,376,583. GSA determined that Milne had overcharged the Government. Milne contends that it owes a lesser amount. We disagree with Milne. GSA reports that Milne transferred the shipment to another carrier for delivery which produced higher trans- portation charges than if Milne had handled it as a single- line shipment. Milne does not dispute GSA's position that the carrier had the necessary operating authority to trans- port the shipment through to destination and, further, that reduced rates offered in a freight all kinds (FAK) tender, Rocky Mountain Motor Tariff Bureau, Inc., United States Government Quotation ICC RMB Q33-A (RMB Q33-A), are applicable to the shipment resulting in lower charges to the Government, although the delivering carrier did not partic- ipate in the tender. Apparently, Milne agrees that the shipment was misrouted, and that a partial refund of charges is due the Government. __11 --

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