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B-213773 1 (1984-07-23)

handle is hein.gao/gaobadluw0001 and id is 1 raw text is: f Pmce N THE COMPTROLLER GENERAL OSCISION * . OF THE UNITEO STATIES eWASHINGaTON, 0.0. 90548 FILE: B-213773 DATE: July 23, 1984 MATTER OF: Starflight Inc. DIGEST 1. Air Carrier is not entitled to charges for emergency air service when notations on the government bill of lading supported by the evidence of record indicate that the shipping agency requested deferred air service. 2. where the Army requested on the government bill of lading (GBL) deferred air service but also indicated on the GBL that the shipment was on pallets, on which deferred air service was not applicable by the terms of the governing rate tender, the carrier was obligated to notify the shipper of the conflict and, on failure to do so, is obliged to honor the lower deferred air service charges. Starflight, Inc. (Starflight), requests review of the audit action by the General Services Administration (GSA) on a shipment of one pallet of explosives, weighing 155 pounds, from the Army Depot, Pueblo, Colorado, to Fort Benning, Georgia, under government bill of lading (GBL) No. S-4048403, dated May 3, 1982. We sustain the original audit action. For the service performed, Starflight originally claimed, and was paid prior to audit, pursuant to 9 322 of the Transportation Act of 1940, as amended, 31 U.S.C. 3726 (1982), $6,800.83 for emergency air service in accordance with Starflight tender No. 16. On audit of the charges, GSA computed the applicable charges to be $784.73 on the basis of Starflight's deferred air service tender No. 11. Starflight requested review by the Comptroller General of this action alleging, first, that the deferred service charges are not applicable to palletized shipments, and, second, that the charges originally billed for emergency air service are applicable because a Mrs. Petrello, apparently an employee in the origin transportation office, orally requested delivery within 24 hours.

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