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B-261266 1 (1996-02-29)

handle is hein.gao/gaocrptadqo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Allstates Air Cargo, Inc. File: B-261266; B-261266.2 Date: February 29, 1996 DIGEST A Department of Defense guaranteed traffic tender provided that payment of the full amount of the charges required the carrier to deliver by the desired delivery date. It also provided that normal delivery service was Monday through Saturday no later than 5 p.m., and included a reduced payment for late deliveries. However, some destination installations stopped receiving shipments prior to 5 p.m., and the carrier documented instances in which a receiving installation closed prior to 5 p.m. Because the tender specifically stated that delivery by 5 p.m. was timely, the carrier's delay in delivery is excusable, and the full amount of charges are payable, if the carrier can clearly demonstrate that it would have delivered a particular shipment by 5 p.m. on a given day, but it was prevented from doing so solely because of the receiving office's closure prior to that time. The carrier's proof should adhere to the requirements contained in the records procedure. DECISION Allstates Air Cargo, Inc. (Allstates), an air freight forwarder, requests review of the General Services Administration's (GSA) disallowance of its claims for reimbursement for amounts set off by GSA for overcharges on various government bill of lading transactions.1 GSA asserted overcharges on these shipments, concluding that the tender's low rate applied when Allstates failed to meet the tender's requirement of timely delivery. Allstates contends that it attempted delivery of each shipment on the desired delivery date (DDD), but it was unable to accomplish delivery because, in each instance, the destination installation had closed prior to 5 p.m. We reverse GSA's settlements and remand this matter to GSA to await further proof from Allstates to support its claims. 1The carrier provided detailed documentation on six sample transactions: C-4,183,652, C-4,191,791, C-4,195,746, C-4,197,507, C-4,200,637, and C-4,200,960. 237227

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