B-143124, AUG. 11, 1960

B-143124: Aug 11, 1960

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF MAY 27 AND JULY 20. IT IS YOUR CONTENTION THAT EXCLUSIVE USE OF THE VEHICLE WAS REQUESTED AND FURNISHED IN EACH INSTANCE. WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO ALLOW YOUR CLAIMS NUMBERED O.C. 3304 AND O.C. 3278. SINCE IT APPEARS THAT EXCLUSIVE USE OF THE VEHICLES WAS REQUESTED. THAT THE SERVICE WAS PERFORMED IN EACH INSTANCE. THAT THE CHARGES ASSESSED FOR EACH SHIPMENT WERE THOSE PUBLISHED IN UNIFORM TENDER NO. 401 (LEE WAY MOTOR FREIGHT. ARE APPLICABLE. WE FIND THAT LOWER CHARGES FOR THIS SHIPMENT ARE PUBLISHED IN ITEM 15-J SUPPLEMENT 79 OF MIDDLEWEST MOTOR FREIGHT BUREAU AGENT'S TARIFF NO. 45-A. THE RECORD INDICATES THAT EXCLUSIVE-USE SERVICE OF BOTH VEHICLES WAS REQUESTED AND THAT THE SERVICES WERE PERFORMED.

B-143124, AUG. 11, 1960

TO RUSMANN AND ROPER FREIGHT LINES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF MAY 27 AND JULY 20, 1960, IN WHICH YOU REQUESTED A REVIEW OF OUR DISALLOWANCE OF YOUR CLAIMS NUMBERED O.C. 3304 (TK-686945), O.C. 3278 (TK-686944) AND O.C. 3256 (TK-686943). IT IS YOUR CONTENTION THAT EXCLUSIVE USE OF THE VEHICLE WAS REQUESTED AND FURNISHED IN EACH INSTANCE.

ON THE BASIS OF OUR REVIEW, WE HAVE INSTRUCTED OUR TRANSPORTATION DIVISION TO ALLOW YOUR CLAIMS NUMBERED O.C. 3304 AND O.C. 3278, IF OTHERWISE PROPER, SINCE IT APPEARS THAT EXCLUSIVE USE OF THE VEHICLES WAS REQUESTED; THAT THE SERVICE WAS PERFORMED IN EACH INSTANCE; AND THAT THE CHARGES ASSESSED FOR EACH SHIPMENT WERE THOSE PUBLISHED IN UNIFORM TENDER NO. 401 (LEE WAY MOTOR FREIGHT, INC., SERIES).

AS FOR CLAIM O.C. 3256 FOR $484, WHICH COVERED A SHIPMENT OF THREE CANS "ENGINES, INTERNAL COMBUSTION NOI (JET PROP. TYPE) FOR AIRCRAFT" UNDER GOVERNMENT BILL OF LADING AF-6963745, CARRIED IN TWO VEHICLES, AND FOR WHICH YOU CONTEND THAT THE EXCLUSIVE-USE CHARGES UNDER SECTION 22 QUOTATION, UNIFORM TENDER NO. 401, ARE APPLICABLE, WE FIND THAT LOWER CHARGES FOR THIS SHIPMENT ARE PUBLISHED IN ITEM 15-J SUPPLEMENT 79 OF MIDDLEWEST MOTOR FREIGHT BUREAU AGENT'S TARIFF NO. 45-A, MF I.C.C.NO. 241. THE RECORD INDICATES THAT EXCLUSIVE-USE SERVICE OF BOTH VEHICLES WAS REQUESTED AND THAT THE SERVICES WERE PERFORMED. HOWEVER, IT APPEARS THAT THE MINIMUM TARIFF CHARGES OF $664 FOR EXCLUSIVE-USE SERVICE FOR EACH VEHICLE, AS SHOWN IN ITEM 15-J OF THE MIDDLEWEST MOTOR FREIGHT BUREAU AGENT'S TARIFF NO. 45-A, MF-I.C.C.NO. 241, OR TOTAL CHARGES OF $1,328 FOR THE USE OF BOTH VEHICLES, RATHER THAN CHARGES OF $1,352 AS SPECIFIED IN UNIFORM TENDER NO. 401, ARE FOR APPLICATION IN THIS SHIPMENT. IT IS WELL SETTLED THAT THE GOVERNMENT OF THE UNITED STATES, BEING A PART OF THE GENERAL PUBLIC, IS ENTITLED TO TRANSPORTATION AT RATES NOT IN EXCESS OF THOSE AVAILABLE TO THE PUBLIC FOR LIKE SERVICE. 15 COMP. GEN. 303; 20 ID. 870; 21 ID. 1039; AND 22 ID. 22. ALSO, GOVERNMENT OFFICERS ARE WITHOUT AUTHORITY TO CONTRACT FOR RATES HIGHER THAN THOSE TENDERED TO THE PUBLIC IN DULY PUBLISHED AND AUTHORIZED TARIFFS. MISSOURI PACIFIC RAILROAD CO. V. UNITED STATES, 71 CT.CL. 650 (1931). THEREFORE, SETTLEMENT ON THIS CLAIM WILL BE MADE, IF OTHERWISE PROPER, ON THE BASIS OF THE LOWEST APPLICABLE CHARGES AVAILABLE TO THE GENERAL PUBLIC. SETTLEMENTS, AS INDICATED, SHOULD BE RECEIVED BY YOU IN DUE COURSE.