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B-186928 1 (1977-03-28)

handle is hein.gao/gaobadelq0001 and id is 1 raw text is: I- 46% THE cavMiTROLLAMp GENERAL 4 g*IgION OP TME UNITER STATES WASMINGTON, 0. 0. 20549 FILE: DATE: MAR2 E l$ WMATTEAS&?M Trees Coastry Van Lieas tac. DIGEST: 1. Carrier tendess under sectiqa 22 of 7iaterstate Comerce Act, 49 U.S.C. 22 (1970), are offers to furnish trasprtation services at spectal rates and CondItiOns they are subject to established principles of seutrAct law, e of which io that sccepta.ce of offer mist comply exactly with conditions of offer. See court eases cited. 2. Where offer In Tander I-V is conditioned to apply only In absenet of an applicable Tender, existence of applicable individual Tender 150 prevests acceptance of Tender I-W. Tes Coantry Van Lies, Ic. (Traee Country), In a letter dated June 25, 1976, requests review by the Comptroller General of the United States of a deducato acton taken by the fomer Transportatin and Claims Diviatea (T=D) of the Cenerl Acocuting Offite, =ow a part of the Generat Services Administration. See the General Accounting 'Vfice pt t 1974 , 88 Statd 1939, approved Jarzary 2, 1975. A deduction actio constitutes a settlemt within the meanins of Section 201(3) of that Acto 49 U.S.C. 6(b) (Supp. V 1975), ad of 4 C.. 53.1(b)(1) and !3.2 (1976). TCD's action ws taken on a shipment of electronic-Iastrumnats wighit 2,420 posds which us transported to June 1972 from Palm Bay, Florida, to Syosast, ne York, under Governaent bill of lading No. 1-1643146. The bill of lading was annotated EXPEDITED SERVICE .. REQUIRED. Trans Coutry was paid $637.50 for this transportation service prior to audit. See 49 u.S.C. 66 (1970). Its charges were based on the carrier's Section 22 Tender ICC Mo. 150 (Tender 150). This is an individual tender aitag Treas Country and Exo other carriers as parties; it provides a rate of $5.70 per 100 pounds for 1.175 ailes sad a 10,000-poud aminum weight per shipment. It also Incorporates by referese the accessorial and other charges In Movers' and Warebousemmn's-Association of America, Inc., Coernment fRate Tender 1sV (Tender l1w). In contrast to Tender 150, Tender I-W is published by-the Association on behalf of aumerous member carriers, including Trans Country, Incorporated by reference Iuto Tender 1-W are the l' jtb

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