[Decision Concerning GSA Action To Recover Alleged Overcharges]

A motor carrier requested a review of the General Services Administration's (GSA) action to recover overcharges it allegedly collected for an Army shipment. GAO noted that the carrier filed a tender with the Army, which the Army returned requesting certain revisions. The carrier contended that, even though it did not refile the tender with GSA, GSA could not apply low tender rates to the shipments because the Army terminated the offer when it returned the tender more than 6 months before transportation. GAO held that: (1) although the Army returned the tender because of formal deficiencies, the return terminated its power to later accept lower rates; and (2) GSA could not apply the lower rates in its audit because the Army rejected the carrier's offer before any Department of Defense transportation agency could accept the terms. Accordingly, the GSA audit action was overruled.