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B-212279 1 (1986-09-02)

handle is hein.gao/gaobadmlh0001 and id is 1 raw text is: The Comptroler General of the United States Washington, D.C. 20548 Decision Matterof- Starflight, Inc. - Reconsideration File: B-212279 Date: September 2, 1986 DIGEST Where an air cargo carrier purports to substitute a new rate tender for an existing tender, and in the same document cancel the existing tender, and the Military Traffic Management Command returns the document because of numerous deficiencies, rejection of the document for filing prevents cancellation of existing rates as well as substitution of new rates. There- fore, the rates in the existing tender may be used in deter- mining correct charges on shipments to which they apply. On reconsideration, Starflight, Inc., B-212279, November 13, 1984, modified. Mercury Van Lines--Reconsideration, B-193964, June 27, 1980, distinguished. DECISION The General Services Administration (GSA) askq for recon- sideration of our decision, Starflight, Inc.,'B-212279, November 13, 1984. We held there that in its audit of bills from Starflight, Inc., for certain transportation services furnished the Department of Defense, GSA could not apply rates from tenders that had been rejected by the Military Traffic Management Command (MTMC) as defectiver We also held, based on M~rcury Van Lines--Reconsideration, B-193964, June 27, 1980; that despite MTMC's rejection of the defective proposed tenders, they were nonetheless effective in providing written notice to the Government that the carrier was cancelling its existing tenders; therefore, in the absence of any other applicable tender, GSA would be required to apply quantum meruit as a basis for determining the correct charges for the transportation services performed. The request for reconsideration is concerned primarily with the holding that the defective new tenders, referred to as Tenders 6, 7 and 8, canceled existing Tenders 2, 3 and 4, although the GSA also asks for clarification, for future audit guidance, on general principles relating to MTMC's rejection and cancellation of tenders. O3&.13 L- /e5k6

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