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![handle is hein.gao/gaobadhfb0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION OF THE UNITED STATES
VVASHINGTON, D.C. 20548
FILE: B-192951 DATE: May 9, 1979
MATTER OF: American Van & Storage, Inc. L5
1. Rates and charges in intrastate tariff are otherwise appli-
cable within meaning of alternation provision in tender.
2. Carrier cannot refuse to carry shipment except upon an exclu-
sive use of vehicle or storage in transit basis when imposition
of such conditions is in derogation of its common carrier
obligations.
3. Difference between tender and tariff in the length of storage
time permissible in transit relates only to carrier's poten-
tial liability for loss and damage, not to shipper's liability
for freight charges and is not an additional benefit or privi-
lege relating to freight charges.
In a letter dated September 8, 1978, American Van & Storage, Inc.
(American), rthe Comptroller General of the United States to
review the General Services Administration's (GSA) action on five of
its bills for transportation charges. See 49 U.S.C. 66(b) (1976),
and 4 C.F.R. 53.3 (1978). After auditing the five bills, GSA notified
American of overcharges that in the absence of refund were collected
by deduction from subsequent American bills. A deduction constitutes
a reviewable settlement action [4 C.F.R. 53.1] and American's
letter complies with the criteria for requests for review of that
action. 4 C.F.R. 53.3 (1978).
American transported five shipments of household goods, property
of military personnel, from Key West, Florida, to various Florida
intrastate destinations after April 17, 1974, when weight restrictions
were in effect on the overseas highway, U.S. Route 1, in Monroe
County, Florida. The shipments were transported under Government
bills of lading (GBL) Nos. K-1024537, K-1024815, K-1024800, K-1024624
and K-1024793.
The carrier based his charges on Government Rate Tender I.C.C.
No. 1-X (Tender 1-X). Item 290-A in supplement 11 of this tender,
in effect at the time these shipments moved, contained a Bridge
Charge of $4 per 100 pounds applicable to traffic from, to, or via
Islamorado, Florida, and points south and west thereof in the Flor-
ida keys. The bridge charge contained in Tender 1-X is applicable](ViewImageLocal?handle=hein.gao/gaobadhfb0001&div=1&collection=&method=preview&ext=.png&size=3)