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B-235118 1 (1990-02-02)

handle is hein.gao/gaobadnre0001 and id is 1 raw text is: 


S       The Comptroler General
        of the United States
        Washington, D.C. 20548

        Decision



        Mauterof: Eastern Express, Inc.,
        File:     B-235118

        Date:     February 2, 1990

        DIGEST

        When applicable rate publication specifically applies a
        minimum charge to shipments of less than 10,000 pounds that
        occupy a truck's full visible capacity but is silent with
        respect to similar shipments of 10,000 pounds or more, there
        is no basis to conclude that there is any minimum charge on
        shipments of more than 10,000 pounds.


        DECISION

        Eastern Express, Inc. (formerly Sawyer Eastern, Inc.) and
        Rainbow Transport, Inc., request that our Office review
        numerous transportation settlement actions taken by the
        General Services Administration (GSA).l/ The carriers
        contend that GSA incorrectly computed charges applicable
        to shipments weighing more than 10,000 pounds which required
        the use of an entire vehicle that otherwise could have
        transported additional items. We sustain GSA's actions.

        BACKGROUND

        Shipment charges in this case are based on 49 U.S.C.
        5 10721, under which a common carrier can provide its
        transportation services to the government at a reduced
        rate.2_/ See Jetco, Inc. v. U.S., 11 Cl. Ct. 837, 845


        Y Eastern Express itemizes 131 Government Bill of Lading
        GBL) transactions totaling $30,836.23 and Rainbow
        Transport itemizes 30 GBL's totaling $4,656.51, in which
        they dispute GSA's audit actions on the issue involved
        herein.

        2/Traditionally, these reduced rates have been offered by
        the carrier in a so-called section 22 tender (named after a
        former codification of the United States Code, 49 U.S.C.
        S 22).







                     0474 ;-

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