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

B-194029 1 (1979-10-22)

handle is hein.gao/gaobadhrp0001 and id is 1 raw text is: 

                 ~    -~.THE COMPTROLLER GENERAL
DECISION                OF   THE   UNITED STATES
                        WASH   IN GTO N, D .C . 2054 8
                 NITV


FILE:   B-194029


MATTER  OF: Interstate Van Lines, Inc. -
                Reconsideration

DIGEST:

1.   Although carrier is responsible for
     transportation under bill of lading
     which covers all charges including
     storage and delivery, GSA regulations
     permit carrier to submit bill for
     services from point of origin to
     point of storage in transit (SIT).
     Regulations also allow carrier, as
     principal, to designate warehouse-
     man its agent to bill in carrier's
     name for SIT and delivery charges.

2.   Carrier's attempt to change certifi-
     cate permitting payment for services
     from point of origin to SIT point by
     disclaiming its liability for over-
     payment of SIT charges unless billing
     for those charges was tendered directly
     to it varied certificate terms set
     out in GSA regulations and is contrary
     to law.

3.   Disbursing agency's payment of bills
     containing disclaimer of carrier's
     liability for SIT overpayments did
     not constitute modification of contract,
     since only GSA, not disbursing agency,
     could agree to such disclaimer which
     varies from GSA regulations and is
     contrary to law. United States cannot
     be bound beyond actual authority con-
     ferred upon its agents.

4.   Courts and Comptroller General have con-
     sistently held that persons or corpora-
     tions erroneously paid by.Government
     agency or officials acquire no right to
     money and are bound in equity and good
     conscience to make restitution.


jjO(D']I


OATE:October 22, 1979


V.


IleP


0  ( .-7
,    744r

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