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B-196671 1 (1981-06-02)

handle is hein.gao/gaobadvnm0001 and id is 1 raw text is: LER% THE COMPTROLLER GENEV L 3 DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-196671 DATE:. June 2, 1981 MATTER OF: Leonard Brothers Trucking Co., Inc. DIGEST: 1. While specific provision of tender is ambiguous standing alone,.examination of entire tender removes ambiguity. Rule that ambiguities in tender should be resolved in favor of shipper is not for application. 2. Where purpose of tender revision is to clarify rather than change meaning of tender provision, shipper cannot point to revision as proving that tender had different meaning before being revised. 3. Order for stopping in transit service constitutes request for truckload service since such service is provided only on truckload shipment. By letter of October 25, 1979, Leonard Brothers Trucking Company, Inc. (Leonard), requests review of the General Services Administration's (GSA) audit action on 22 shipments of Government property. At issue are shipments of various commodities, such as helicopter rotor wing blades, bomb racks, and radar antennae, that moved via Leonard between Eastern points on the one hand, and California and Arizona points on the other hand, during the period March 29 to June 27, 1974. GSA asserted overcharges of $10,636.91, computing the applicable charges at rates and minimum weights published in item 6210 of Leonard's Tender 30-B, ICC No. 50 without regard to the lineal foot rule in item 365 of the tender. Leonard protested, contending that all but one of the 22 shipments (most of which were under 10,000 pounds), were subject to item 365. Where the actual weight of a shipment is relatively light in relation to the lineal feet of loading space required, as in the case of these shipments, item 365 requires the

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