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B-191257 1 (1978-07-03)

handle is hein.gao/gaobadggb0001 and id is 1 raw text is: ' THE COMPTROLLER GENERAL DECISION .r. Or 'rme UNITEC STATES *WASHINGTON, O.C. 30546 . FILE: 81e11257 DATC: July 3, 1978 MATTER OF: Yellor Freight System, Inc. DIGEST: . * Since carrier offers no evidence to support its c2irm that it had no operating authority to transport shipment from origin to destination, and since in any case, quantum moruit charges wouLd be equivalent to rate determined by GSA as correct for shipment, srttlement actiin by GSA is sustained. 8-190039, January 26, 1973, distinguishqd. Yellow Freight System, Inc. (Yellow Freight), in a letter dated February 7, 1978, requests the Comptroller General of the United States to review the General Services Administration's (GSA) action on its bill for transportation charges. See Section 201(3) of the General Accounting Office Act of 1974, 49 U S.C. 66(b) (Supp. V, 1975). GSA, after auditing the bill, notified Yellow Freight of an overcharge of $32 which in the absence of refund was collected by deduction. 49 U.S.C. 66(a). Under regulations Implementing Section 201(3) of the Act, a deduction action constitutes a reviewable settlement action PL C.F.R. 53.1(b)(1) and 53.2 (1977)7; Yellow Frtight's letter complies with the criteria for requests far review of that action. 4 C.F.R. 53.3 (1977). Under Government Bill of LadLug (CBL) No. K-3087713, dated August 26, 1975, Yellow treight transported a shipment des.ribeo as FREIGHT ALL KINDS, weighing 13,003 pounds, from Oaklsnd, California to Pueblo Army Depot, Colorado. Yellow Freight collected freight charges of $828 on the shipment. Upon audit, GSA determined that Item 1720 of Rocky Mountain Motor Tariff Bureau (RM8) Quotation 19-B (Quotation 19-B) would produce charges of $796. (m this basis. CSA issued a notice of overcharge for $32. Yellow Freight refused to refund the claimed overcharge, and GSA collected the $32 from funds otherwise due the carrier. 49 U.S.C. 66(a). Yellow Freight requests review of that action. In its request for review, Yellow Freight contends that it has no authority to serve Pueblo, Colorado, when shipments originate on the West Coast. To support its view that it may serve Pueblo only when shipments originate East of the Colorado-Kansas border, Yello9 Freight has referrec us to National Motor Freight Traffic 1

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