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![handle is hein.gao/gaobadnvr0001 and id is 1 raw text is:
~, Comptrolier Genera]
of the United States
Washington, D.C. 20548
Decision
Matter of: Consolidated Freightways - Air Freight Tender
File: B-236618
Date: March 14, 1991
DIGEST
Alternation of rates, where the shipper treats a shipment as
if it weighs more than it actually does in order to take
advantage of a lower charge for the higher weight, is not
proper where it is not provided for in terms of the parties'
agreement, and there is no legal basis to read it into the
agreement.
.DECISION
Consolidated Freightways, Inc., requests our review of a
setoff made by the General Services Administration (GSA) to
recover $16 in alleged overcharges assessed in connection
with payment on a Government Bill of Lading (GBL).1/ We find
GSA's setoff to be improper.
Background
The rate publication applicable to the traffic in issue is
Consolidated's Air Freight Tender 262 for second day
freight all kinds service. Consolidated offered Tender 262
in response to a solicitation issued April 6, 1987, by the
Military Traffic Management Command. The solicitation was
intended to obtain competitive offers to satisfy recurring
traffic requirements from three origins, including the Naval
Supply Center in Norfolk, Virginia, to designated points in
the continental United States and Canada.
The solicitation, in Item 42, required competing carriers to
submit rates and charges for weights from 1 to 99 pounds, and
per hundred pounds for weights between 100 and 2,000 pounds.
Item 42b further divided the 1 to 99 pound range into a series
1/ GBL S-8,070,135 and associated airbills 262-369682 and
162-372073. The record provided by GSA indicates that
additional air bills are involved and that the total amount
of overcharges is $218.](ViewImageLocal?handle=hein.gao/gaobadnvr0001&div=1&collection=&method=preview&ext=.png&size=3)