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B-221075 1 (1986-05-13)

handle is hein.gao/gaobadmia0001 and id is 1 raw text is: OUCISION FILE: B-221075 THE COMPTROLLER GENERAL OP THE UNITEO STATES WASHINGTON. D.C. 20548 DATE: May 13, 1986 MATTER OF: Retroactive Modification of Rate Tender DIQEST: 1. A provision of a tender negotiated under the Military Traffic Management Command's Guaranteed Traffic program permits otherwise applicable rates to be used. This permits lower rates in the motor carrier's existing non-negotiated rate tender which are lower than the negotiated rates to be applied in the absence of evidence that special services were requested and performed on specific shipments. 2. Rates applicable on the date that transpor- tation services are performed are binding on the parties. In the absence of a benefit to the Government, the applicable tender may not be retroactively modified to nullify its application to a particular point of origin which would result i.n higher charges being due the carrier. A carrier submitted supplemental claims to the General Services Administration (GSA) for payment for certain trans- portation services at higher rates quoted in one of the carrier's tenders.l/ Based on the record before us, in- cluding GSA's administrative report and a report from the Military Traffic Management Command, we find that lower rates in another of the carrier's tenders apply to the service performed. 1/ A certifying officer, Michael D. Hipple, Director, Transportation Audit Division, General Services Admin- istration, has asked for an advance decision on the question of whether he properly disallowed eight claims presented by a motor carrier for additional charges for transportation services performed for the Department of Defense. .01 0354C9

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