About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-212279 1 (1984-11-13)

handle is hein.gao/gaobadmaa0001 and id is 1 raw text is: OECISION . OP THE UNITED STATE WASHINGTON. 0.C. 0548 FILE: B-212279 DATE: November 13, 1984 MATTER OF: Starflight, Inc. DIGEST: 1. Where Military Traffic Management Command returns carrier's rate tenders as insufficient, the tenders have been rejected and may not later be used as a basis on which to bill for transportation charges. 2. Where carrier cancels tender in accordance with tender provision, cancellation takes effect even though the replacement tender has been rejected. 3. Where a carrier transports goods without an effective tender on which to base its charges, the carrier may be paid quantum meruit on the basis of the usual or going rates for the same services. Starflight, Inc. (Starflight), requests that we review the General Services Administration's (GSA) determination that Starflight improperly billed and collected transporta- tion charges for weapons shipments Starflight transported for the Department of the Army (Army) under government bill of lading (GBL) Nos. S-2,795,345, S-2,795,373, M-5,277,407, S-2,795,373, M-5,282,121 and M-2,086,120. We conclude that the tenders referenced in the record as governing these shipments were not in effect and, therefore, Starflight is entitled to payment on a quantum meruit basis, unless it is determined by GSA that there were other applicable tenders. Tenders were submitted by Starflight to the Military Traffic Management Command (MTMC), Department of the Army. By letter dated June 16, 1981, MTMC informed Starflight that tender Nos. 6, 7 and 8 were insufficient and were being returned for amendments. By letter dated July 31, 1981, MTMC informed Starflight that tender Nos. 2, 3, 4, 6 and 9

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most