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B-221609 1 (1986-02-28)

handle is hein.gao/gaobadmex0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . . OP THE UNITEO UTATES WASHINGTON. 0. C. 2054U UJNITt B-221609 OATE: February 28, 1986 ABF Freight System, Inc. (East Texas Motor Freight) Destination/billing carrier asks for review of the General Services Administration's (GSA) deduction actions relating to six Government shipments. GSA based its audit actions on the carrier's single-line tender rates. The claim- ant carrier contends that higher joint-line rates were applicable because other carriers picked up the shipments, but GSA concluded that the origin carriers were merely the claimant's agents. The record shows that the claimant offered the lower tender rates to the Government for single-line service and the bills of lading show that the origin carriers received the ship- ments as the claimant's agents. GSA's actions are sustained on the basis of recent Comptroller General precedent in similar cases. This decision results from our review of deduction actions directed by the General Services Administration (GSA) to recover overcharges collected by ABF Freight System, Inc. (or East Texas Motor Freight (ETMF)), / for transporting six shipments that moved on GovernmenE Bills of Lading.2/ We sustain the GSA's actions. ABF's papers indicate that carriers other than ABF (ETMF) picked up the shipments at origin and transferred them to ABF (ETMF) for transportation and delivery. ABF (ETMF) billed and was paid transportation charges based on joint-line rates. GSA determined that lower single-line rates, published in ABF (ETMF)'s tenders, were applicable, on the theory that the origin carriers were merely ABF (ETMF)'s pick-up agents, rather than interline carriers. GSA had the difference in amounts--the overcharges--deducted from monies otherwise due the carrier. 1/ ABF apparently assumed responsibility for the settle- ment of claims against East Texas Motor Freight. 2/ By letters dated December 17 and 18, 1985, and January 6, 1986, ABF requested our review of GSA's audit action on Government Bills of Lading AP0743634, S4283162, M6361307, M6361264, M6357146, BP0392232. cA4 QAckc FILE: MATTER DF DIQEST: V:

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