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B-192834 1 (1979-04-04)

handle is hein.gao/gaobadhbx0001 and id is 1 raw text is: 





                             THE   COMPTROLLER GENERAL
 DECISIDN                     OF   THE    UNITED      STATES
                              WA  SH IN GTON   ,  0 . 0. 2 0 5 4 8
                     U.\ I T~


 FILE:  B-192834                    DATE: April 4, 1979

 MATTER OF: A. B. James Freight Lines


 OftSEST:

       rrier charge for -reek-driue a help in loading shipment
     in additfon to charge for forklift truck and operator hired
     by carrier as shipper's agent is not allowable where shipper
     did not request help or annotate request in some manner on
     shipping documents as required by tender and tariff.

     A. B. James Freight Lines (ABJ), in a letter dated September 8,
1978, requests the Comptroller General of the United States to re-
view the General Services Administration's (GSA) action on one of its
bills for transportation charges. See 49 U.S.C. 66(b) (Supp. V, 1975),
and 4 C.F.R. 53.3 (1978). GSA, after auditing the bill, notified ABJ
of an overcharge that in the absence of refund was collected by deduc-
tion from a subsequent bill. A deduction constitutes a reviewable
settlement action [4 C.F.R. 53.1] and ABJ's letter complies with the
criteria for requests for review of that action. 4 C.F.R. 53.3 (1978).

     GSA reports that on April 15, 1976, ABJ sent two trucks to pick
up a shipment of 24 pieces of miscellaneous freight, weighing 40,320
pounds, for transportation under Government bill of lading (GBL) No.
K-3201015 from pier 7,.Military Ocean Terminal Bay Area (MOTBA), .
Oakland Army Base (OARB), Oakland, California, to the Naval Air
Station, North Island, San Diego, California.

     The GBL contained this statement:

     SHIPPER TO LOAD AND CONSIGNEE TO UNLOAD.

     2 UNITS OF EQUIPMENT OF 40' FT OF LOADING SPACE ORDERED

     2  UNITS OF EQUIPMENT OF 40' FT OF LOADING SPACE FURNISHED.

In the space on the GBL provided for listing Tariff or Special Rate
Authorities, reference is made to JAMES TDR #16 30 PVU, a reference
to ABJ's Tender No. 16, its rate authority.- ABJ billed at $238.95
per vehicle.  GSA furnished this breakdown of the charges:

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