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B-199927 1 (1981-05-12)

handle is hein.gao/gaobadjjs0001 and id is 1 raw text is: 





                 THE COMPTROLLER GENERAL
DECISION                OF THE UNITED STATES
                        SWASHINGTON. 0. C. 20546



FILE:    B-199927             DATE:   May 12, 1981

MATTER OF:      American Farm Lines


DIGEST:

      Horizontal lines inadvertently placed
      between each destination point, rate
      and minimum weight in tender does not
      eliminate alternating rates (with
      higher rate applicable to lowest mini-
      mum weight and lowest rate applicable
      to highest minimum weight) previously
      reflected in tender.


      American Farm Lines (AFL)requests review of settle-
 ment action taken by the General Services Administration
 (GSA) relating to two shipments-tf F-eightAll Kinds that
 were transported from Defense, Texas, to- Lathrop, Cali-
 fornia, in February 1978. See 31 U.S.C. S 244(b) (Supp.
 III, 1979), and 4 CFR 53 (1980).LAFL presented two claims
 to the GSA)for $444 each as additional allowances for
 transporting on-e shipmenon Government bill of lading
 (GBL) M-6121306, weighing 23,833 pounds, and another on
 GBL M-6120469, which weighed 19,847 pounds. he GSA dis-
 allowed these claimsby issuance of Settlement Certifi-
 cates on May 27, 1980 (TK-035679) and June 2, 1980
 (TK-035696), on the respective GBLs.

      AFL and the GSA agree that the general commodity
 rates in item 1257 of AFL's Tender ICC 266 apply to the
 shipments. The relevant part of item 1257 contains rates
 from Defense, Texas, to various California points. There
 is also apparent agreement that the Government requested
 exclusive use of vehicle service; that the servicewas
 furnished, and the exclusive-use rule in item 130 of the
 tender (original page 8 and 6th revised page 9) requires
 that the charges be based on a minimum weight of 40,000
 pounds. The parties disagree over the applicable truckload
 rate.)The carrier's claims are based on a rate of $5.20 per
 100 pounds, while the GSA adheres to the rate on AFL's
 original bills of $4.09 per 100 pounds.

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