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B-223799 1 (1988-01-04)

handle is hein.gao/gaobadmyq0001 and id is 1 raw text is: 


           The Comptroller General
           of the United States
-          Washington, D.C. 20548
           Decision




           Matterof. Dr. John M. Dyer - Household Goods Excess Weight -
                     Carrier's Guaranteed Price Pledge
           File:     B-223799

           Date:     January 4, 1988

           DIGEST

           An officer of the Public Health Service selected a motor
           common carrier to transport his household goods. The
           officer alleges that the carrier represented that the ship-
           ment's weight would not exceed the officer's authorized
           weight allowance of 13,500 pounds and that a Guaranteed
           Price Pledge based on the weight was quoted. The shipment's
           actual net weight, however, as determined from certified
           weight tickets, was 21,060 pounds. After adjustments for
           crating and professional books, the certifying officer
           determined that the officer was liable for 4,454 pounds of
           excess weight. Where facts show that the Guaranteed Price
           Pledge was based on tender rates applied to a prudent esti-
           mate of the shipment's actual net weight, the determination
           of excess weight charges is proper. The officer's reliance
           on the carrier's erroneous low weight estimate does not
           provide a basis for relief from liability for excess weight
           charges since the government's legal obligation is to pay
           the charges for transporting only the officer's authorized
           weight allowance.


           DECISION

           An authorized certifying officer of the Department of
           Health & Human Services requests a decision on the question
           of whether a commissioned officer of the Public Health
           Service is liable for a portion of a carrier's guaranteed
           price for transporting his household goods, even though the
           price, purportedly, was based on the officer's authorized
           weight allowance.l/ We conclude that the officer is liable
           for the shipment's net weight that was in excess of his
           authorized weight allowance.


           l/ The request was made by J. R. Burkett, Certifying
           Officer, Office of Regional Director, Region VI, Department
           of Health & Human Services, 1200 Main Tower Building,
           Dallas, Texas 75202.


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