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B-215958 1 (1984-12-05)

handle is hein.gao/gaobadmbe0001 and id is 1 raw text is: 


                         THE COMPTROLLER GENERAL
 oECISION        .       OF THE UNITEO STATES             d
                          W A SHINGTON. 0.C. 20548




 FILE: B-215958                DATE: December 5, 1984

 MATTER OF: Leonard Bros. Trucking Co., Inc.


 DIGEST:

     Relevant tariff provision provides that
     exclusive use of service charges are appli-
     cable where the shipper or the carrier, by
     instructions of the shipper, applies a
     numbered seal to vehicle and the seal number
     is noted on bill of lading. Since the record
     shows that these requirements were met, car-
     rier is entitled to payment for exclusive use
     of service.

     Leonard Bros. Trucking Co., Inc. (Leonard), requests
review of deduction action taken by the General Services
Administration (GSA) for alleged billing overcharges in
connection with 55 government bills of lading (GBL).
Leonard billed for exclusive use of vehicle service charges
for each of these 55 shipments. GSA contends that the
charges are not applicable because the conditions of the
carrier's exclusive use tariff rule, which provides for such
services, were not met.

     GSA and Leonard agree that item 470 of the National/
Association of Specialized Carriers, Inc. (NAS), Rules /
Tariff 190-A, issued October 1, 1981, and amended
February 11, 1982, was applicable to these shipments.

     The relevant portions of item 470 provide as follows
with respect to exclusive use:

                     SECTION 2
              EXCLUSIVE USE OF VEHICLE

     (a) When exclusive use of carrier's
     equipment is requested or demanded by the
     shipper or consignee to meet the needs of
     special conditions, charges thereon will be
     computed at the actual weight of the shipment
     subject to a minimum charge based on 36M


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