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B-229349 1 (1988-06-10)

handle is hein.gao/gaobadncu0001 and id is 1 raw text is: 

The Comptroller General
of the United States
Washington, D.C. 2048
Decision



           ExpressCo Inc. - Request For Review of General
Matterof.  Services Administration's Deduction Actions

File:      B-229349

Date:      June 10, 1988


DIGEST

A carrier's request for review of transportation audit
actions taken by the General Services Administration (GSA)
under 31 U.S.C. S 3726(d)(1) (1982) will not be considered
by the Comptroller General to the extent transactions
forming the basis of the request are not identified; and
where a carrier fails to establish the existence of alleged
informal agreements that it states formed the basis of its
freight charges, overcharge deductions made by GSA based on
lower tender charges are sustained.


DECISION

ExpressCo Inc. requests the Comptroller General under
31 U.S.C. S 3726(d)(1) (1982) to review transportation audit
actions taken by the General Services Administration (GSA)
in which overcharges were deducted from monies otherwise due
the carrier. We sustain GSA's actions.

ExpressCo's request for review involves two matters:
(1) operation of the alternation clause contained in the
carrier's tenders, and (2) the issue of truckload versus
less-than-truckload rates.

In GSA's audit of numerous ExpressCo bills the agency
determined that lower charges, published in ExpressCo's rate
tenders, were applicable, and deducted as overcharges the
difference between the charges collected and the lower
tender charges. ExpressCo concedes that it offered the
lower rates to the government, but alleges that the higher
charges it collected were based on informal agreements made
with various transportation agents of the government who
requested special services.

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