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![handle is hein.gao/gaobadnta0001 and id is 1 raw text is: I,
Comptroller General
of the United States
Wadiston D.C 20548
Decision
Matter of: Phoenix Motor Express, Inc. - Exclusive Use
File: B-235886
Date: June 4, 1990
DIGEST
Military Traffic Management Command's Freight Traffic Rules
Publication No. 1A precludes a carrier from assessing an
additional charge for exclusive use of vehicle service when
per mile per vehicle used rates apply.
DECISION
Phoenix Motor Express, Inc., requests review of the General
Services Administration's (GSA) denial of Phoenix's charges
for exclusive use of vehicle service on several Government
Bills of Lading (GBL) shipments the firm transported. Phoenix
asserts that the government asked for exclusive use service
and therefore is obligated to pay the additional charge for it
as noted in Phoenix's tenders ($.25 per mile). GSA denied the
charge on the basis that Item 106 of the Military Traffic
Management Command's (MTMC) Freight Traffic Rules Publication
Number 1A (MFTRP 1A) precludes assessment of exclusive use
premiums when payment already is based on per mile per
vehicle used (PM) rates.
We sustain GSA's action.
BACKGROUND
The shipments involved moved between late 1987 and early
1989, and PM rates applied to them. GSA does not dispute
that the government requested exclusive use service or that
such service was provided with respect to these shipments.
Item 105 of MFTRP 1A, which applied to the shipments,1/
permitted the carrier to charge in its tender a premium for
1/Submissions in this dispute indicate that MFTRP 1, as
amended by Supplement 2 of December 1986, is applicable.
However, because the shipments occurred after the effective
date of MFTRP 1A on July 1, 1987, that publication is the
one to be referenced. Items 105 and 106 in MFTRP 1A are
essentially unchanged from MFTRP 1, Items 105A and 106.
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