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B-190624 1 (1980-01-07)

handle is hein.gao/gaobacupu0001 and id is 1 raw text is: 



GAO


United States General Accounting Office
Washington, DC 20548


(2-Y9)


Office of
General Counsel
In Reply
Referto: B-190624


JAN  7 1880


Thomas P. Wolf
Assistant Commissioner
Office of Transportation  Audits
General Services  Administration
Washington, D.C.  20405

Dear Mr. Wolf:


~A~r~J


Subject:  Trans Country Van  Lines--c4\Goo3(,
          Your letter  of May 1, 1979
          Your file TACS  (SR-015861-JFF)


     You request  reconsideration of our decision of August 29,
1978, B-190624,  to Trans Country Van Lines, Inc.  (Trans Coun-
try).  In the decision  we held that certain provisions of
Trans Country's  individual rate tender did not expressly or
by inference disclose  an intention to combine the rate basis
in the individual  tender with that in another tender for
the purpose of  computing linehaul rates on shipments trans-
ported over  3,000 miles.

     In your  request for reconsideration, you do not offer
any new facts  or argument.  Instead, you cite GAO interpre-
tations in  three previous cases which you believe are incon-
sistent with  the holding in the Trans Country case.  They are
53 Comp. Gen.  868 (1974), a decision to Trans Country; a
litigation report  to the Department of Justice in an unrelated
case; and an  office memorandum to GAO's former Transportation
and Claims Division.

     The  litigation report sets forth arguments for use in
prosecuting  a debt and the office memorandum contained in-
ternal instructions  to one of our Divisions concerning the
propriety of  issuing certain notices of overcharge.  Neither
interpretation  is a decision nor is it relevant to this case.

     In  53 Comp. Gen. 868 (1974), to Trans Country, we held
among other  things that the carrier's individual rate tender
applied.  We  also said as dicta that although certain pro-
visions  in Trans Country's individual rate tender disclosed

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