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B-226378 1 (1988-08-15)

handle is hein.gao/gaobadnee0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Consolidated Freightways, Inc. - Restriction Matterof: on Application of Rate Tender - Meaning of Vendor Ambiguous File: B-226378 Date: August 15, 1988 DIGEST A carrier's rate tender provides that its rates apply only when the vendor refers to the tender at time of shipment. A Government Bill of Lading (GBL), which did not refer to the tender, shows the U.S. Marine Corps as the shipper of members' personal effects, which were picked up at a commercial warehouse. The General Services Administration (GSA) applied the tender rates and deducted overcharges on the theory that vendor is limited in meaning to govern- ment contractors. GSA's action is sustained. Generally, vendor is defined as a seller of property, which neither the Marine Corps nor the warehouseman is. In any event, the use of the term creates an ambiguity, and ambiguities are construed against the carrier issuing the rate tender. DECISION Consolidated Freightways, Inc. (CF), requests review of audit action taken by the General Services Administration (GSA) on one of the carrier's bills. Based on GSA's determination that CF's tender was applicable to a shipment of personal effects, the agency deducted the amount of overcharges that CF had collected. GSA's action is sustained. BACKGROUND U.S. Government Bill of Lading - Privately Owned Personal Property No. DP-505,378 (GBL) shows that on December 28, 1984, the transportation officer at the Marine Corps Base, Camp LeJeune, North Carolina, shipped three pieces of personal effects belonging to two marines from a storage facility of Airway Moving & Storage, Inc., Jacksonville, North Carolina, via CF for transportation to Honolulu, Hawaii. There was no reference on the GBL to any tariff or other rate authority. &< CC 7//-? (

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