B-156463, JUL. 11, 1966
Highlights
INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1. 000 POUNDS ON EACH PART LOT AND IN OUR AUDIT THE CHARGES WERE REDUCED TO THE BASIS OF ACTUAL WEIGHT ON EACH PART LOT BECAUSE THE TOTAL WEIGHT OF THE FOUR PART LOT SHIPMENT WAS OVER 23. IN YOUR LETTER YOU INDICATED THAT THE SITUATION AS TO THOSE BILLS OF LADING WAS IDENTICAL TO THAT RELATING TO GOVERNMENT BILLS OF LADING B- 7198853 AND B-7158856. WHICH WERE THE SUBJECT OF OUR LETTER OF NOVEMBER 16. IN THE ABSENCE OF CROSS REFERENCING INDICATING THAT THE LATTER TWO BILLS WERE TENDERED AS A VOLUME SHIPMENT THE ADMINISTRATIVE OFFICE ISSUED CORRECTION NOTICES (DD FORM 1352) WHICH. WERE NEVER ACKNOWLEDGED BY ANY OF YOUR REPRESENTATIVES.
B-156463, JUL. 11, 1966
TO STRICKLAND TRANSPORTATION COMPANY, INC.:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1, 1965, CLAIM FILE NO. GAO-22821, IN WHICH YOU REQUEST REVIEW OF OUR SETTLEMENT (TK 788961) OF OCTOBER 15, 1965, DISALLOWING YOUR SUPPLEMENTAL BILL NO. 12334-A FOR ADDITIONAL FREIGHT CHARGES FOR TRANSPORTATION SERVICES FURNISHED UNDER GOVERNMENT BILLS OF LADING B-7158378 AND B-7158386. THESE BILLS OF LADING COVERED 16,000 POUND LOTS OF METAL CONTAINERS MOVING IN MARCH 1963 FROM THE RED RIVER ARMY DEPOT, DEFENSE, TEXAS, TO ANDOVER, MASSACHUSETTS.
YOU ORIGINALLY BILLED AND COLLECTED CHARGES ON THE BASIS OF A VOLUME MINIMUM WEIGHT OF 23,000 POUNDS ON EACH PART LOT AND IN OUR AUDIT THE CHARGES WERE REDUCED TO THE BASIS OF ACTUAL WEIGHT ON EACH PART LOT BECAUSE THE TOTAL WEIGHT OF THE FOUR PART LOT SHIPMENT WAS OVER 23,000 POUNDS. IN YOUR LETTER YOU INDICATED THAT THE SITUATION AS TO THOSE BILLS OF LADING WAS IDENTICAL TO THAT RELATING TO GOVERNMENT BILLS OF LADING B- 7198853 AND B-7158856, WHICH WERE THE SUBJECT OF OUR LETTER OF NOVEMBER 16, 1965, B-156463, ALLOWING COMPUTATION OF CHARGES ON THE BASIS THAT THOSE BILLS OF LADING COVERED SEPARATE SHIPMENTS.
UPON REVIEW OF THE VARIOUS FILES PERTAINING TO THE SHIPMENTS WE FIND THAT THE SITUATION RELATING TO THE GOVERNMENT BILLS OF LADING INVOLVED IN THIS INSTANCE DIFFERS MATERIALLY FROM THAT RELATING TO THE BILLS OF LADING INVOLVED IN THE EARLIER CASE. THERE, IN THE ABSENCE OF CROSS REFERENCING INDICATING THAT THE LATTER TWO BILLS WERE TENDERED AS A VOLUME SHIPMENT THE ADMINISTRATIVE OFFICE ISSUED CORRECTION NOTICES (DD FORM 1352) WHICH, HOWEVER, WERE NEVER ACKNOWLEDGED BY ANY OF YOUR REPRESENTATIVES. BECAUSE OF THE ABSENCE OF BOTH CROSS-REFERENCING AND OF THE NECESSARY ACKNOWLEDGMENT BY YOUR AGENT THAT THE BILLS OF LADING COVERED PART LOTS OF A SHIPMENT WEIGHING MORE THAN 23,000 POUNDS, WE CONCLUDED THAT EACH OF THE BILLS OF LADING COVERED SINGLE SHIPMENTS SUBJECT TO THE MINIMUM WEIGHT OF 23,000 POUNDS.
THE SHIPMENTS MOVING ON BILLS OF LADING B-7158378 AND B-7158386 WERE BOTH RECEIVED AND SIGNED FOR ON BEHALF OF YOUR COMPANY BY D. E. SIMMONS. THE COVERING CORRECTION NOTICES SHOW THAT THEY WERE THE SECOND AND THE FINAL BILLS OF LADING ISSUED TO COVER A VOLUME SHIPMENT OF APPROXIMATELY 67,000 POUNDS (OF METAL SHIPPING CONTAINERS) TENDERED ON MARCH 6, 1963, AND BEAR THE ACKNOWLEDGMENT SIGNATURE OF THE SAME D. E. SIMMONS, WHOSE SIGNATURE ALSO APPEARS ON THE BILLS OF LADING. CORRECTION NOTICES FOR GOVERNMENT BILLS OF LADING B-7158377 ON THE FIRST PORTION AND B-7158379 ON THE THIRD PORTION OF THE FOUR-PART VOLUME SHIPMENT ALSO BEAR THAT SIGNATURE. IN THE LIGHT OF THIS ACKNOWLEDGMENT OF VOLUME SHIPMENT TENDER BY YOUR AGENT, THE SAME EMPLOYEE WHO SIGNED THE BILLS OF LADING, THE VOLUME CHARGE BASIS IS APPLICABLE TO THE ACTUAL WEIGHT (RATHER THAN 23,000 POUNDS) OF EACH PART LOT.
ACCORDINGLY, THE SETTLEMENT OF OCTOBER 15, 1965, DISALLOWING YOUR CLAIM, WAS CORRECT, AND IT IS HEREBY SUSTAINED.