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B-195297 1 (1979-11-14)

handle is hein.gao/gaobadhsp0001 and id is 1 raw text is: 

                 1f)' f*IE COMPT7ROLLERGE'NERAL
DECISION                 OF  THE   UNITED STATES
                         WASHINGTON, D.C. 20549
                 VN ITVSD


FILE:  B-195297               DATE:  November 14, 1979

MATTER   OF:  Seaboard Coast Line Railroad Company

01-r/ 01-,Sf              4  P.aa&,     4~ /7c 7
DIGEST:

1.   Source of freight rates and charges on
     original carrier bills presented to
     Government for payment before audit
     does not determine Government's obli-
     gations for payment at law.

 2.  Section 22 quotations apply to Govern-
     ment foreign military sales (FMS) ship-
     ments where-carrier fails to carry its
     burden of producing evidence proving
     Government did not bear cost and receive
     entire benefit of lower rates.

     Seaboard Coast Line  all 10ad Company (SCL) requests
review of acti   taken by the General Services Adminis-
tration  (GSA) in which $8,526.21 was deducted from other
monies due the carrier.  See, 49 U.S.C. 66(b) (1976) and
4 C.F.R. 53  (1978).

     The record relied on by GSA shows that during Novem-
ber 1977, SCL and its connecting carrier transported un-
der Government bill of lading (GBL) No. M-2109343 a ship-
ment consisting of five carloads of ammunition for cannon
with solid projectiles, class B explosives, from Milan
Army Ammunition Plant, Tennessee, to the Military Ocean
Terminal, Sunny Point, North Carolina.  The GBL was en-
dorsed FOREIGN MILITARY SALES SHIPMENT, SECTION 22 DOES
NOT APPLY, and the Marks section of the GBL showed
ISRAEL-VYD; BIS085 2 A23; PROJECT: 4M VESSEL: ESHKELL
A-0314.  FOR EXPORT.

     Freight charges of $20,926.04 were collected on
SCL bill No. 320428.  The Government paid the carrier's
bill upon presentation and prior to audit as required
by  49 U.S.C. 66(a). GSA's audit determined that SCL

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