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B-210740 1 (1983-09-27)

handle is hein.gao/gaobadliq0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL DECISION . .OP THU UNITED STATES WASHINGTON, 0.C. 20549 FILE: B-210740 DATE: September 27, 1983 MATTER OF: Starflight, Inc. DIGEST: 1. Not only do claimants generally bear the burden of proving their claims and estab- lishing the liability of the United States, but where the claimant is a carrier making a claim based upon a tender or tariff, then ambiguities in the terms of the tender or tariff are to be resolved against the claimant. 2. An agency is entitled to the shipper's applicable tender which affords the Govern- ment the most favorable rate. Starflight, Inc. requests our review of a General Services Administration notice of overcharge concerning the transportation of machine guns under Government Bill of Lading Nos. S-0,953,548 (GBL-548) and S-0,953,580 (GBL-580) issued by the Anniston Army Depot, Anniston, Alabama. Starflight admits to an overcharge but contends that it owes a lesser amount than that claimed by GSA. We disagree with Starflight's contentions concerning the amount of the overcharge and sustain GSA's findings. GBL-548 was issued for the shipment by air of machine guns from Alabama to Delaware. The GBL cited Starflight's Tender No. 3 as the applicable rate for the shipment. GBL-580 was issued for the shipment by air of machine guns from Alabama to California. The GBL cited Starflight's Tender No. 1 as the applicable rate. Both Starflight and GSA agree that the tenders cited in the GBLs were not applicable. Tender No. 3 cited in GBL-548 was restricted to shipments of weapons weighing 300 pounds or less while the shipment under this GBL weighed 330 pounds. Tender No. 1 cited in GBL-580 was not applicable to the shipment of weapons. In addition, Star- flight concedes that, as contended by GSA, the 5 percent airport charge for which Starflight billed the Government was inapplicable to these shipments.

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