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B-187317 1 (1977-11-30)

handle is hein.gao/gaobadfkq0001 and id is 1 raw text is: II THE COMPTROLLER GENERAL, DECIBION ( : * OF THe UNITED BTATES , WADHINGTON. D.C. 20340 1r i~ FILE: B-187?1f DATE: November 30, 1977 MATTER OF: Navajo Freight Lintes, Inc., Reconsideration C) DIGEST: Where Section 22 Quotation defines vehicle for application of a per vehicle used rate and carrier did not furnish vehicle within definition, it seems reasonable that overflow provision vf same Quotation would then apply. Navajo Freight Lines, Inc. (Navajo), i. its correspondence of April 15, 1977, Navajo Claim No. 049668, requests reconsideration of our decision of January 27, 1977, B-187317. In the decision we sustained the General Services Administration's (GSA) action in disallowing Navajo's claim for refund of freight charges of $1,183.20. See 4 C.F.R. 53 (1977). GSA's action was taken on a shipment of freight all kinds weighing 36,720 pounds which was transported ir- September 1972 from West Hartford, Connecticut, to Nebo, California, under Government bill of lading (GBL) No. F-8825134. The shipment was picked up on two trailers, a 40-foot trailer loaded with 28,440 pounds and a 26-foot trailer loaded with 8,280 pounds. GSA decermined in its audit of transportation charges that the lowest rate applicable to the shipment is derived from applying a $6 xate In Item 2375 of Rouky Mounttuin Tariff Bureau Quotation 19-A (Quotation 19-A) to both the 28,440 pounds transported on the 40-foot trailer and the 8,280 pounds transported on the 26-foot trailer. GSA contended that Item 2375 was nubject to Item 975 of Quotation 19-A; Navajo contended that it was not. Iten 975 is a so-called overflow provision, which provides the basis for rates to be applied whitn the freight tendered as one shipment cannot be loaded on one vehicle. Navajo again statts that Item 2375 contains an exception which precludes the application o' Item 975. Navajo contends that: * * * recognition be given the encircled 1 of item 2375 as it Is published with the rate and all provisions of a tariff must be acccded consideration with the encircled

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