About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-195574 1 (1980-03-19)

handle is hein.gao/gaobadice0001 and id is 1 raw text is: I 7 ~ THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES VV ASHING Torh .C 210954 19 FILE: B-195574 DATE March 19, 1980 MATTER OF: Yellow Freight System, Inc. A C- C yj .- A45-e~ e --17 DIGEST: 1. Where carrier's rate tender specifies origin point of Los Angeles, California and/or Emeryville, California and destination point of Chicago, Illinois, for shipment of empty mailbags by United States Postal Service, and Mailbag Depositories. (MBDs) are actually located in Bell, California, and Forest Park, Illinois, highly unusual circumstances exist requiring resort to extrinsic evidence to ascertain whether carrier's intent was to include Bell, California, and Forest Park, Illinois, within tender's origin and destina- tion specifications. 2. Intent of carrier, when analyzed in light of circumstances of this case, which included locations of MBDs in terms of tender specifi- cations, intent of Government shipping agent and carrier's agent, Government Bill of Lading, supplements to tender and subsequent documents relating to contract, was to execute valid con- tract with Government for shipment of empty mailbags from commercial zone of Los Angeles to commercial zone of Chicago, and GSA validly determined that carrier's rate tender was for application. Yellow Freight System, Inc. (Yellow requests review of the General Services Administration's cGSA) action on 13 of its bills for transportation services. See 49 U.S.C. 66(b) (1976) and 4 C.F.R. 53.3 (1978). After auditing the bills, GSA notified Yellow of overcharges totaling $5,721.66, which in the absence of refund were collected by deduction from moneys otherwise due the carrier. 49 U.S.C. 66(a) (1976). 4/-4: -fK4 , -5,0,

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most