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B-181560 1 (1975-11-19)

handle is hein.gao/gaobadcsl0001 and id is 1 raw text is: -F 4 t%ITO) THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. O.C. 20548 DATE: OV 1 9 1975 o MATTER OF: Ultra Special Lxpress DIGE.ST: Comptroller General decision of October 1, 1975, sustained where assigned errors fail to challenge applicability of specific tender provisions underlying disallowance of prelodge detention charges. *. In its request for reconsideration Ultra Special Express (Ultra) evades the specific legal basis for the decision of October 1, 1,75. The clainant fails to deny that the specific tender provisions held to control the obligations of the parties constitute a detention provision, and its appli- cability is not contested. Although the extensive petition is prefaced by notice that each para::raph of the decision would be addressed in the order of its appearance, an assign- ment of error to para-raph 12, the paragraph containing the specific tender references is conspicuously absent. Under the decision the carrier would be entitled to no tore than $173, the azount originally collected for transpor- tation charges on the illustrative ship-ment, Governent bill of lading io. E-3690339. The line-haul rates and minum charges were offered in Attachment 2 of Ultra's Section 22 Tender I.C.C. o. 3; however, the claizant points to various alternativa provisions in ni~vy & Specialized Carriers Tariff Eureau Tariff 10D-E, M'-I.C.C. 26 as bases for claiming entitlezent to additional revenue of $1,410, although none shows that the United States contracted to pay on an hourly 'basic for the transportation services performed here. Para- graph 12 of the decision states: By the terms of item 16 [of the tender), before the carrier will furnish the accessorial service of allowing the consignce to use a vehicle while unloading, in excess of two hours, (1) a request for such service must be made; (2) the request must be noted on the bill of lading; and (3) the request must be initialed by the requesting person. Further, according 0 FILE: B-181560 - 6 d io- OrEcIslord t - -

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