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B-226246 1 (1988-03-25)

handle is hein.gao/gaobadnaw0001 and id is 1 raw text is: 


'The Comptroller General
           of the United States
           Washington, D.C. 20548
  IDecision




           Matterof: Consolidated Freightways, Inc. - Rate tenders
                      issued by a division of the carrier
           File:      B-226246

           Date:     March 25, 1988

           DIGEST

           A carrier argues that the General Services Administration's
           (GSA) audit action is improper where GSA applied rates from
           a rate tender issued by a specific division of the carrier
           to shipments tendered to the carrier but not to the specific
           division. GSA's audit action is sustained since the tender
           did not show a clear and unambiguous intent to restrict its
           application only to shipments tendered to the specific
           division. Also, the carrier's argument that the tender does
           not apply because it was actually issued by a separate
           corporation with the same name as the carrier's operating
           division is not accepted. The tender specifically states it
           was issued by the carrier's division operating under the
           carrier's Interstate Commerce Commission authority.

           DECISION

           Consolidated Freightways, Inc., requests review of deduction
           action taken by the General Services Administration (GSA) on
           the carrier's transportation bills. We conclude that the
           carrier has not shown that the tender basis for GSA's
           deduction action is invalid.

           BACKGROUND

           This request raises the issue of whether rate tenders
           issued by CF Arrowhead Services (Arrowhead), a division of
           Consolidated Freightways, are applicable to transactions
           where government shippers called Consolidated for service,
           the Government Bills of Lading (GBL) were issued to
           Consolidated and Consolidated performed the services.

           In its audit of Consolidated's bills GSA determined that
           the lower rates offered in Arrowhead's tenders were
           applicable to over 30 shipments transported by

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