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B-213755 1 (1984-05-02)

handle is hein.gao/gaobadlre0001 and id is 1 raw text is: 


                            TH COMPTROLLER MENENAL
  OCIION                  OP THE UNITED        ETATES
                          WAGMINGTON. 0.C. 20540




  FILE: B-213755                DATE: May 2, 1984

  MATTER OF: Starflight, Inc.


  DIGEST:

1.   While a transportation overcharge claim by the
     General Services Administration generally is not
     reviewable by the GAO until the disputed amount
     has been deducted by the government, 4 C.F.R.
     § 53 (1983), GAO will review the validity of the
     carrier's allegations where the parties expect a
     decision after full development of record.

2.   Although carrier's business document indicates a
     request for priority service, carrier has failed
     to sustain the burden of showing a request for
     such service since the bill of lading, which
     constitutes the contract of carriage, did not
     bear a notation requesting. such service as
     required by the governing tariff and the con-
     tracting agency reports that no such service was
     requested.

     Starflight, Inc. (Starflight), requests review of the
audit action by the General Services Administration (GSA) on
one shipment of explosives from Aberdeen Proving Ground,
Maryland, to Yuma Proving Ground, Arizona, under government
bill of lading (GBL) No. S-5779164, dated February 10, 1983,
and on a shipment of guns from Aberdeen Proving Ground to
Sharpe Army Depot, Georgia, under GBL No. S-5779165, dated
February 10, 1983.

     We agree with GSA's action.

     For the services rendered Starflight claimed and was
paid charges for priority air service set-forth in Star-
flight tender No. 15. On audit of the payments GSA computed
the applicable freight charges on the basis of Starflight
tender No. 14 for regular air service and determined that
Starflight had been overpaid $1,502.54 on the first shipment
and $1-,381.04 on the second shipment. GSA has issued a
notice of overcharge to Starflight, but has not as of this
date collected the overcharge.

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