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B-221646 1 (1987-09-18)

handle is hein.gao/gaobadmvq0001 and id is 1 raw text is: oThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: ABF Freight System, Inc. File: B-221646 Date: September 18, 1987 DIGEST A motor carrier with a general commodities division that operates regular van equipment and a SCAT division that operates special equipment, including flatbeds, refrigerated, and temperature controlled units, issued tenders which offered special rates to the government. The tender rates were based on use of the special equipment. Government contractors called the general commodities division for transportation service that would protect from freezing 38 truckload shipments of pickles. The carrier transported 13 of the shipments in closed vans containing portable heaters, and 25 shipments in refrigerator equipment, and collected charges based on rates that were higher than the tender rates. GSA applied the lower tender rates and deducted overcharges. Held: Applicability of the tenders did not depend on whether shippers called a specific division but on the type of equipment used. The tenders were not applicable to the 13 shipments moved in closed vans; however, they were applicable to the other 25 ship- ments since special equipment reasonably can be viewed to include the refrigerator equipment used. DECISION ABF Freight System, Inc. (ABF) requests review of deduction actions taken by the General Services Administration (GSA) to recover alleged overcharges collected by ABF on 38 shipments of pickles. We conclude that GSA's actions were correct on some bills but incorrect on others. BACKGROUND ABF is a motor carrier which for operational purposes is divided into at least two divisions, a SCAT division, which performs transportation services exclusively with special equipment and operates from a separate office and

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