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B-231659.4 1 (1991-09-23)

handle is hein.gao/gaobadnyj0001 and id is 1 raw text is: 4CoIDtroller General of the United States Wauhtnst D.A, 20548 Decision Matter of: Alaska Airlines, Inc., et al. - Effect of Deregulation - Overcharge Collection - Reconsideratil n rile: B-231659.4 Date: September 23, 1991 DIGEST 1. Under the airlines' deregulated pricing system the city- pair contract fare, if applicable, or the fare selected when a reservation is made or the ticket is issued is the applicable fare for government passenger transportation, and dccisions that held that the government is entitled to the lowest published tariff rate as a ratter of law are not applicable in the deregulated environment. Also, the rule in United States v. New York, New Haven and Hartford Railroad Co., 355 U.S. 253 (1957), which places the burden on the party in possession of the necessary documents, is applicable to place the burden on the airlines to show that a particular fare was not available only if the government shows that it requested a lower fare than was charged. Upon reconsideration, Alaska Airlines, Inc., et al., B-231659, Sept. 10, 1990, 69 Comp. Gen. , is affirmed and clarified as to the time to be used in determining applicable fares. 2. The holding in Alaska Airlines, Inc., et al., B-231659, Sept. 10, 1990, 69 Comp. Gen. - , was not a changed interpretation of the law but an initial interpretation of the government's legal entitlement to airfares under the deregu- lated system. It is applicable to the claims for which the carriers requested the Comptroller General's review, and is not limited to prospective application only. DECISION This decision is in response to a request from the General Services Administration (GSA)1/ for reconsideration and reversal, in part, of an opinion of the Comptroller General, Alaska Airlines, Inc., et al., B-231659, Sept. 10, 1990, 69 Comp. Gen. . That decision was issued based on a request by numerous airlines pursuant to 31 U.S.C. § 3726 that I/ The request was submitted by Mr. William B. Early, Acting Comptroller.

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