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B-222927 1 (1987-07-21)

handle is hein.gao/gaobadmtq0001 and id is 1 raw text is: AThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof Riss International - Rates for San Antonio, Texas, are Applicable to Kelly Air Force Base File: B-222927 Date: Ju . 21, 1987 DIGEST A carrier contends that higher tariff rates are applicable to a shipment picked up at Kelly Air Force Base in lieu of a Freight All Kinds mileage-rate tender applied from San Antonio, Texas, to various points, since Kelly is a separate entity from the City of San Antonio. The General Services Administration collected overcharges by deduction on the basis that the tender rates apply to Kelly Air Force Base, which, although a separate entity, is adjacent to and surrounded by San Antonio. GSA's action is sustained since evidence indicates an understanding by the parties that tender rates would apply where the Government Bill of Lading referred to the tender, to the estimated tender charges, to the mileage between origin and destination, and the carrier's agent received the shipment with notice of the annotations without objection, and originally billed the government on the basis of the tender rates. DECISION This decision responds to a request made by Riss Interna- tional (Riss), a motor common carrier of property, that we review a deduction action taken by the General Services Administration (GSA) against the carrier's bills. See 31 U.S.C. § 3726 (1982). For reasons that follow, we conclude that Riss has not established that GSA's deduction action was improper. BACKGROUND The record shows that on March 16, 1982, the transportation officer of Kelly Air Force Base (AFB), Texas, tendered a truckload shipment of Freight All Kinds (FAK) to Riss for transportation to Groton, Connecticut. The carrier's agent

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