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B-192411 1 (1979-03-29)

handle is hein.gao/gaobadhax0001 and id is 1 raw text is: THE C:OMPTROLLER GENERAL D'ECISI N . . OF THE UNITED STATES :WASHINGTON, O. C. 2O54 4 L96- FILE: B-192411 DATE: March 29, 1979 MATTER OF: Hilldrup Transfer & Storage Co. DIGEST: 1. United States and carrier may contract independently of tariff filed with State regulatory commission although, in absence of contract, tariff applies. 2. Rates and charges in intrastate tariff are otherwise applicable within meaning of alternation provision in tender. 3. Government officers have no authority to contract for interstate or intrastate transportation at rates higher than those available to the general public for the same or similar services. Hilldrup Transfer & Storage Company (Hilldrup) requests review of deduction action taken in November 1978, by the General Services Adminis- tration (GSA) to recover an overcharge collected by Hilldrup on a ship- ment of household goods owned by Captain Joseph G. Raker, USAF. See 49 U.S.C. 66(b)(Supp. V, 1975). The shipment was picked up by Hilldrup's agent at Key West, Florida, on Government bill of lading No. K-1025376 (GBL) on July 6, 1976, and delivered to Callaway, Florida, on July 12, 1976. Freight charges of $2,465.90 were collected by the carrier. They are derived from Government and Military Rate Tender No. 1-H, I.C.C. No. 35 (Tender 1-H). The overcharge of $494.02 is the difference between the $2,465.90 collected and freight charges of $1,971.88 derived from Florida Household Goods Carriers' Bureau Tariff 13, HG-FPSC 13 (Tariff 13) , GSA's audit basis. Most of the overcharge represents a bridge charge of.$4 per 100 pounds, found in item 150 of Tender 1-H and applicable to transportation performed through Islamorada, Florida, and points south and west in the Florida Keys. Hilldrup and GSA state that the issue involving GBL K-1025376 is present in similar intrastate Florida shipments transported by Hill- drup and other carriers. Hilldrup contends that the audit action is unfair in the context of the circumstances surrounding the assessment of the bridge charge on intrastate traffic traversing the Florida Keys. Hilldrup explains that without the bridge charge the carrier would have had to transport the household goods shipment at a loss because the imposition of weight

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