About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-190700 1 (1978-08-01)

handle is hein.gao/gaobadght0001 and id is 1 raw text is: 




                                                  ff*GENERA-
                                               THE   COMPTROLLER GENERAL
                 DECISION         .*D§=T'0E                 UNITED      BTATEB

                                      IT


                 FILE:  B-190700                      DATE:

                 MATTER OF:Trans Country Van Lines, Inc.


                 DIGEST:

                 1.  Carrier race tender covering electronic equipment applies  on
                     shipments of various types of electrical equipment which  are
                     not (1) personal effects or property, (2)  incident to a base
                     closing or (3) do not require the specialized handling
                     usually employed in moving household goods.

                2.  Where  offer in Tender'l-W is conditioned  to apply only in
                     absence of an applicable Tender, existence of applicable
                     individual tender 150 prevents acceptance of Tender  -14.

                3.  Electronic equipment is a generic name whicn gives information
                    as  to nature or class of an article.

               4.   Commodity  description in tender contains no  language which
                    would  serve to limit the words eLectronic equipment to a
.                   narrower  definition than its all inclusive meaning.

                5.  The  words electronics equipment are unambiguous and must be
                    accorded  their ordinary meaning.

                    Trans Country  Van Lines, Inc. (Trans Country), in a letter dated
               November  12, 1977, requests the Comptroller General of the United
               States  to review the General Services Administration's (GSA) action
               in disallowing  five of its claims for a total of $5,259.70.  See
               section  201(3) of the General Accounting Office Act of 1974, 49
               U.S.C.  66(b) (Supp. V, -1975). GSA disallowed the claims on the
               basis of a  settlement certificate or by a letter to Trans Country
               sustaining an  original disallowance.  Under regulations implementing
               section 201(3)  of the Act, the disallowance of a claim constitutes
               a reviewable  settlement action /4 C.FR.  53.1(b)(2) and 53.2
               (1977)./; Trans Country's  letter complies with the criteria for
               requests  for review of that action.  4 C.F.R. 53.3 (1977),

                    GSA reports  that the five shipments were transported by Trans
               Country for  the account of the Government from and to various points
               in the United States.  The  Government bill of lading (GBL) number
               for each shipment and  the commodity transported is as follows:







    I


4


0

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most