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B-229023 1 (1989-01-10)

handle is hein.gao/gaobadniz0001 and id is 1 raw text is: The Comptroller General of the United States g Washlngton, D.C. 20648 Decision Consolidated Freightways, Inc.--Rate Matterof: Applicability--Shipment Charge File: B-229023 Date: January 10, 1989 DIGEST Part II of a carrier's rate tender provided an exception shipment charge on shipments that moved in a trailer 29 feet or less in length. A shipment that could have been loaded in such a trailer was actually split between two trailers of less than 29 feet in length. While a technical argument could be made that therefore, Part II of the tender did not apply and, thus, the lower general, unrestricted rate in Part I of the tender did apply, this would be a strained interpretation of the tender. Therefore, the bill should be reaudited and rates from sources other than this tender applied, if available, which produce charges lower than the tender's Part II charge. DECISION Consolidated Freightways, Inc. (CF), requests review under 31 U.S.C. S 3726 (1982) of a transportation audit action taken by the General Services Administration (GSA) which resulted in $370.43 being deducted from amounts otherwise due CF because GSA determined that CF had used the wrong rate from its tender. We remand the matter to GSA for reaudit on a different basis. BACKGROUND CF accepted a shipment of Freight All Kinds from the Defense Depot, Ogden, Utah, for transportation to Nebo, California.l/ For the service performed the carrier billed the government a flat shipment charge of $565, which applies regardless of the size or weight of the shipment but only when shipment is transported in a trailer of l/ The shipment moved under Government Bill of Lading T-2024504, on January 31, 1985. C4±e9/13775

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