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B-229309 1 (1988-06-21)

handle is hein.gao/gaobadndc0001 and id is 1 raw text is: 04t, The Comptroller General of the United States Washington, D.C. 20548 Decision United Carriers, Inc.--Special Equipment Charges Matterof. and Lowest Applicable Rates File: B-229309 Date: June 21, 1988 DIGEST 1. Where notations on the Government Bill of Lading showed that standard equipment was ordered by the shipper but special equipment was furnished by the carrier, the carrier may offer evidence to show that government shipping agents ordered the special equipment. However, to refute the bill of lading notations the evidence must clearly show that the notations were mistaken. Since it did not, the General Services Administration's (GSA) actions in recovering over- charges from the carrier for the special equipment are sustained. 2. General equitable considerations concerning the interpretation of government contracts do not affect a carrier's obligation under the Interstate Commerce Act, 49 U.S.C. S 10101 et seg. (1982), to collect only the applicable charges shown in the carrier's tender or tariff filed with the Interstate Commerce Commission. Where the carrier files two tenders, both of which are in effect and contain applicable rates for the same shipments, the government is entitled to use the lower rates. Therefore, there is no basis to reverse GSA's collection of over- charges, which was based on alternation provisions in both tenders giving the government the benefit of the lower rates. 3. The General Accounting Office allows payment for transportation charges on a quantum meruit basis only where there is no valid transportation contract or applicable tariff or tender which dictates the proper amount due. In a case where neither condition obtains payment on a quantum meruit basis would be inappropriate; the lowest applicable charges must be collected. 4. The General Accounting Office has no jurisdiction under 50 U.S.C. S 1431 to reform executive agency transportation contracts to facilitate national defense.

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