Propriety of Deduction by GSA for Alleged Carrier Overcharges

A firm requested a review of the General Services Administration (GSA) action on five of its bills for transportation charges. GSA had previously notified the protester of overcharges found in auditing the five bills. Thereafter, the overcharges were collected by deduction on subsequent bills. GSA maintained that the shipments should have been billed at the Tariff 12 rate rather than at a higher rate containing a bridge charge. First, the protester argued that the shipments were accepted under rate terms which included the bridge charge. Second, the protester contended that had the shipments been tendered under Tariff 12, it would not have accepted them except upon an exclusive use of vehicle or storage in transit basis. Third, the protester suggested that the Government was selectively applying the terms of Tariff 12; while utilizing the rate sections, the Government did not honor the 60-day storage in transit provision. The first argument had no merit. The tender and tariff covered substantially the same services. The protester's second allegation did not provide a legal basis for overturningan action by GSA. There is no tariff, law or regulation which permits a carrier to impose such conditions in disregard of its common carrier obligations. The third allegation was not relevant to the case. The deduction action by GSA was correct and was sustained.