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B-212547 1 (1984-09-17)

handle is hein.gao/gaobadlxi0001 and id is 1 raw text is: THE COMPTROLLER OENERAL DECISION /OF THE UNITED STATES WASHINGTON. O.C. 20548 UITU FILE: B-212547 DATE: September 17, 1984 MATTER OF: Aero Mayflower Transit Company, Inc. DIGEST: Where applicable rate tender provides for the use of lower net scale weight to determine freight charges, higher net weight based on reweigh may not be used on the basis of alleged extenuating circumstances where the carrier has provided no plausible basis for its contention that the reweigh would properly compensate for the extenuating circumstances, nor has the carrier shown any legal basis for disregarding the explicit terms of the tender. Aero Mayflower Transit Company, Inc. (Mayflower), requests review of settlement action taken by the General Services Administration (GSA) denying $1,096.51 in additional transportation charges based on a reweigh of a shipment of household goods which Mayflower transported from Anchorage, Alaska, to Tyndall Air Force Base, Florida, under government bill of lading No. S-0656711. GSA denied Mayflower's claim on the basis that the applicable tender requires that the transportation charges be based on the lower weight. Mayflower concedes that the tender requires it to bill on the basis of the lower weight, but contends that there are extenuating circumstances. We sustain GSA's audit action. The empty tractor-trailer was weighed at 27,420 pounds (tare weight) in Anchorage, Alaska, on December 30, 1982, the same date on which the shipment of household goods was loaded. The loaded tractor-trailer was then weighed in Anchorage, Alaska, on January 2, 1983, at 31,800 pounds (gross weight), establishing the weight difference of 4,380 pounds as the net weight of the shipment for billing purposes. Upon arrival at the storage-in-transit (SIT) warehouse at Panama City, Florida, on February 11, 1983, the line haul driver noted that the shipment occupied over 1,000 cubic feet of van space and questioned the origin, Anchorage, net scale weight. The shipment was reweighed at a net scale weight of 5,390 pounds based on a 37,290-pound

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