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B-211465 1 (1983-11-18)

handle is hein.gao/gaobadlkr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION CIL OF TIH-E UNITED ETATED 4' WASHINGTON. D.C. 20548 FILE: B-211465 DATE: November 18, 1983 MATTER OF: J & V Audit Co. DIGEST: 1. Uncertified scale weight taken at origin in Korea is properly applicable for calculation of freight charges when carrier failed to get weight on certified scales at destination and, by terms of governing section-22 quotation and governing GBL, constructive weight is not appli- cable. By terms of the tender constructive weight applied only if certified scales were unavailable or impractical to use, and carrier failed to show either contingency and also failed to show uncertified weight shown on GBL to be inaccurate. 2. GBL is prima facie evidence that the weight shown is the correct scale weight. 3. The claimant bears the burden of furnishing evidence clearly and satisfactorily establishing its claim and all incidental matters to estab- lish the clear legal liability of the United States and the right of the claimant to receive payment. J & V Audit Co. (J & V) requests review by the Comp- troller General under the provisions of 4 C.F.R. § 53 (1983) of the recovery by setoff of $2,289.42 by the General Serv- ices Administration (GSA) for the transportation of the household goods of a military officer from Seoul, Korea, to Fort Sheridan, Illinois, under government bill of lading (GBL) No. K-9455491, dated June 15, 1977. We sustain the audit action. For the transportation services performed, Bekins International Lines (Bekins), the through household goods carrier, initially billed and was paid $5,092.40 on the basis of the net weight of 6,211 pounds shown on the GBL. Subsequently, J & V, on behalf of Bekins, claimed and was paid additional freight charges of $2,289.42 on the basis of uY 14 C..i

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