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B-194950 1 (1979-11-01)

handle is hein.gao/gaobadhry0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION F - OF THE UNITED STATES WASHINGTON, D.C. 20549 FILE: B-194950 DATE: November 1, 1979 MATTER OF: Coast Counties Express, Inc DIGEST: 4/(rc e 1. Quotations of freight rates are considered continuing offers to perform transporta- tion services at quoted rates subject to terms and conditions contained in offers. They are the same as any other offer made by a party seeking to form a contract and their interpretation is subject to tradi- tional rules of contract law. 2. Provisions of Section 22 quotations are construed against carrier, party pre- paring document, and strongly in favor of shipper. 3 R Coast Counties Express, Inc. (CCE) r quests review of the General Services Administration' (GSA) action in collecting an alleged overcharge by deduction from monies otherwise due CCE. A deduction action constitutes a settlement within the meaning of Section 201(3) of the General Accounting Office Act of 1974, 49 U.S.C. § 66(b) (1976). Under regulations implementing Section 201(3), a deduction action constitutes a settlement action re- viewable by the Comptroller General. 4 C.F.R. §§ 53.1(b) (1) and 53.2 (1978). CCE's letter substantially complies with the criteria for requests for review of such an action. 4 C.F.R. § 53.3 (1978). GSA's action was taken on a shipment described on Government bill of lading (GBL) No. K-2529044 as 2 CO (conex containers) ROCKET AMMUNITION WITH EXPLOSIVE PRO- JECTILES (NMFC 64300) CLASS 'A' EXPLOSIVES, weighing 7,300 pounds. The GBL noted that a 20-foot van was ordered and furnished (TRK # 23 LIC #Y52250 CA TRLR #N/A), that seals were applied, and that the volume of the shipment was 730 cubic feet. CCE Tender No. 22-B (Tender 22-B) was cited on the GBL. The shipment was transported by CCE on December 16, 1976, from SYcamore Annex, San Diego California, to Norton Air Force Base, California.

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