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B-225087 1 (1987-09-25)

handle is hein.gao/gaobadmwf0001 and id is 1 raw text is: IS;l I- d- The Comptroller General of the United States Washington, D.C. 20548 Decsion Matterof: R & E. Hauling, Inc. - Actual v. Constructive Miles - Retroactive Modification of Rate Tender Fie: B-225087 Date: September 25, 1987 DIGEST 1. Where it is the custom to apply mileages from an industry mileage guide to rates offered in a carrier's rate tenders, the mileage guide, rather than actual miles, applies even though a particular tender's rate schedule does not specify whether it is governed by actual miles or the mileage guide. 2.. Where no benefit results to the government from a carrier's tender supplement that retroactively increased freight charges by application of actual miles rather than lower constructive miles published in a mileage guide, the supplement is legally ineffective because no government officer or employee has authority to waive the government's contractual rights in these circumstances. DECISION R & E Hauling, Inc. (R & E), asks the Comptroller General to review actions taken by the General Services Administration (GSA) to make deductions from monies otherwise due the carrier to recover overcharges allegedly collected for the transportation of as many as 298 shipments of Department of Defense property. We conclude that R & E has not shown that GSA's deduction actions were improper; therefore, the actions are sustained. BACKGROUND R & E issued its Tender No. ICC 104, effective for 1 year, from November 10, 1984, until November 9, 1985. The tender offered mileage rates to the government for the transporta- tion of Freight All Kinds, including hazardous materials, from the Defense General Supply Center, Bellbluff, Virginia, to various points in the State of Virginia. R & E offered the tender as a means of participating in the Military Traffic Management Command's (MTMC) Guaranteed Traffic

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