B-188229, MAY 4, 1977
Highlights
THE VOUCHERS WERE PRESENTED FOR PAYMENT BY DISTRICT CONTAINERIZED EXPRESS (DISTRICT) AND COVER THE FREIGHT CHARGES ALLEGEDLY DUE ON TWO SHIPMENTS OF "PRINTED FORMS. DISTRICT'S BILL NUMBERS ARE DCE-1090 AND DCE-1076. IS ENTITLED TO AN ADVANCE DECISION BY THE COMPTROLLER GENERAL ON THE QUESTION OF LAW WHETHER THE FREIGHT CHARGES SHOULD BE CERTIFIED FOR PAYMENT. 31 U.S.C. 82D(1970). INSIDE DELIVERY WAS REQUESTED AND AUTHORIZED AT DESTINATION. FURTHER DEVELOPMENT OF THE RECORD IN THE FORM OF A REQUEST FOR RATE INFORMATION FROM THE GENERAL SERVICES ADMINISTRATION (GSA) REVEALS THAT DISTRICT DOES NOT HAVE THE REQUIRED OPERATING AUTHORITY TO HANDLE THIS TYPE OF SHIPMENT. THAT THE BILLED RATES WERE EXCESSIVE.
B-188229, MAY 4, 1977
WHERE A CARRIER TRANSPORTS GOODS WITHOUT OPERATING AUTHORITY, CARRIER CAN BE PAID QUANTUM MERUIT BASED ON THE USUAL OR GOING RATES OF OTHER DULY AUTHORIZED CARRIERS FOR THE SAME SERVICES.
DISTRICT CONTAINERIZED EXPRESS:
MRS. LAURA C. PALMER, AN AUTHORIZED CERTIFYING OFFICER OF THE U.S. GENERAL ACCOUNTING OFFICE (GAO), HAS REQUESTED AN ADVANCE DECISION ON THE PROPRIETY OF CERTIFYING FOR PAYMENT VOUCHERS TOTALING $1,279.96. THE VOUCHERS WERE PRESENTED FOR PAYMENT BY DISTRICT CONTAINERIZED EXPRESS (DISTRICT) AND COVER THE FREIGHT CHARGES ALLEGEDLY DUE ON TWO SHIPMENTS OF "PRINTED FORMS, PAPER" TENDERED TO DISTRICT FOR TRANSPORTATION FROM WASHINGTON, D.C., TO SAN FRANCISCO, CALIFORNIA. DISTRICT'S BILL NUMBERS ARE DCE-1090 AND DCE-1076.
MRS. PALMER, AS AN AUTHORIZED CERTIFYING OFFICER, IS ENTITLED TO AN ADVANCE DECISION BY THE COMPTROLLER GENERAL ON THE QUESTION OF LAW WHETHER THE FREIGHT CHARGES SHOULD BE CERTIFIED FOR PAYMENT. 31 U.S.C. 82D(1970). AND AS REQUIRED BY OUR PROCEDURES, MRS. PALMER HAS SUBMITTED THE ORIGINAL VOUCHERS PRESENTED FOR CERTIFICATION. 52 COMP.GEN. 83(1972).
THE RECORD SHOWS THAT DISTRICT PICKED UP IN AUGUST 1976, TWO SHIPMENTS OF PRINTED FORMS FOR TRANSPORTATION FROM GAO, WASHINGTON, D.C., TO GAO, SAN FRANCISCO, CALIFORNIA, UNDER GOVERNMENT BILLS OF LADING NOS. K-0283719 AND K-0283727. INSIDE DELIVERY WAS REQUESTED AND AUTHORIZED AT DESTINATION.
FURTHER DEVELOPMENT OF THE RECORD IN THE FORM OF A REQUEST FOR RATE INFORMATION FROM THE GENERAL SERVICES ADMINISTRATION (GSA) REVEALS THAT DISTRICT DOES NOT HAVE THE REQUIRED OPERATING AUTHORITY TO HANDLE THIS TYPE OF SHIPMENT, AND THAT THE BILLED RATES WERE EXCESSIVE. THERE IS NO EVIDENCE TO INDICATE THAT THE SERVICE PERFORMED FOR GAO WAS OTHER THAN ORDINARY COMMON CARRIER SERVICE.
WE HAVE HELD IN THE PAST THAT THE CONTRACT OF CARRIAGE IS UNENFORCEABLE WHERE A CARRIER DOES NOT HAVE THE REQUISITE OPERATING AUTHORITY BUT THAT THE CARRIER COULD RECOVER A QUANTUM MERUIT FOR ITS SERVICES BECAUSE THE SHIPPER HAD RECEIVED THE BENEFIT OF THOSE SERVICES. THE QUANTUM MERUIT SHOULD BE BASED ON THE USUAL OR GOING RATES OF OTHER DULY AUTHORIZED CARRIERS FOR THE SAME OR SIMILAR SERVICES. B-186917, MARCH 9, 1977; B-181137, JULY 5, 1974.
BASED ON THE INFORMATION FURNISHED BY GSA, THE LOWEST RATES AVAILABLE TO THE GOVERNMENT ON THESE TWO SHIPMENTS ARE FOUND IN UNITED STATES GOVERNMENT QUOTATION I.C.C. 2-A, ITEM 680, AS FOLLOWS:
INSIDE
VOUCHER WEIGHT RATE CHARGES DELIVERY TOTAL
DCE-1076 1,612 LBS. $9.67 CWT. $155.88 $18.22 $174.10
DCE-1090 2,582 LBS. $9.48 CWT. $244.77 $29.18 $273.95
THE VOUCHERS ARE BEING RETURNED TO THE CERTIFYING OFFICER AND MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNTS SHOWN ABOVE.
SIMILAR SHIPMENTS MAY ALSO BE PAID ON A QUANTUM MERUIT BASIS, AFTER VERIFICATION AND DETERMINATION OF THE AVAILABLE RATES BY GSA.