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B-221594 1 (1986-09-29)

handle is hein.gao/gaobadmmi0001 and id is 1 raw text is: LThe Comptroller General of the United States Washington, D.C. 20548 Decision Matter of- Riss International File: B-221594 Date: September 29, 1986 DIGEST Where a carrier issued a rate tender to the United States Government, but the Military Traffic Management Command (MTMC) returned it to the carrier because of formal defects and the carrier never refiled the tender with MTMC, General Services Administration (GSA), in its audit function, could not use the tender's rates as a basis for determining over- charges on shipments tendered by components of the Department of Defense (DOD). When MTMC, as the Department of Defense's traffic manager, rejected the tender, it terminated the power of all DOD agencies to accept the tender's terms. Therefore, GSA's deduction action, taken on the basis of the rejected tender's rates, was improper. DECISION Riss International (Riss), a motor carrier, asks the Comptroller General to review deduction action taken by the General Services Administration (GSA) to recover overcharges allegedly collected by Riss for the transportation of numer- ous shipments by Department of Defense components. The GSA's collection action was based on an audit determination that lower rates offered in Riss Tender No. ICC 1544 (Tender 1544) were applicable. Riss, however, argues that Tender 1544 was not applicable because it had been rejected by the Department of Defense. We agree with Riss and conclude that GSA's audit determination was invalid. FACTS Government Bill of Lading (GBL) No. S-56922411/ illustrates the material facts, which are not in dispute, and the l/ The GSA's report addressed two GBL shipments. The other shipment, received by Riss on August 23, 1983, involved S-5694340. 03(os77

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