B-150500, APR. 4, 1963

B-150500: Apr 4, 1963

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TRUCKING COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12. FOR THESE SERVICES YOU CLAIMED AND WERE PAID THE SUM OF $1. THE APPLICABLE CHARGE WAS DETERMINED HERE TO BE THE MINIMUM CHARGE FOR AN EXCLUSIVE-USE-OF-VEHICLE SHIPMENT. A DEDUCTION IN THAT AMOUNT WAS MADE FROM FUNDS OTHERWISE DUE YOU FOR OTHER SERVICES. YOUR RECLAIM OF THE AMOUNT SO DEDUCTED WAS DISALLOWED BY THE CERTIFICATE OF SETTLEMENT IN QUESTION. ARE BASED ON THE ASSUMPTION THAT ALL OF THE ARTICLES IN THE SHIPMENT WERE PACKED IN CONAX CONTAINER NR 41208. THAT YOU THUS ARE ENTITLED TO CHARGES BASED ON THE HIGHEST-RATED ARTICLE IN THE CONTAINER IN ACCORDANCE WITH THE MIXED-PACKAGE RULE OF YOUR TARIFF. THIS ASSUMPTION IS NOT.

B-150500, APR. 4, 1963

TO M.R. AND R. TRUCKING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12, 1962, REQUESTING REVIEW OF SETTLEMENT CERTIFICATE DATED DECEMBER 6, 1962, DISALLOWING YOUR CLAIM FOR $309.09 ON BILL NO. 4122-61, FOR SERVICES ON GOVERNMENT BILL OF LADING B-0256033. THE SERVICES IN QUESTION CONSISTED OF EXCLUSIVE-USE-OF- VEHICLE TRANSPORTATION OF 69 BOXES OF FIREARMS OR PARTS, NOI, SMALL ARMS AMMUNITION, AND FIREWORKS, WEIGHING 10,758 POUNDS, FROM CAMP STANLEY, TEXAS, TO EGLIN AIR FORCE BASE, FLORIDA, IN FEBRUARY 1961.

FOR THESE SERVICES YOU CLAIMED AND WERE PAID THE SUM OF $1,023.09, BASED ON A CLASS 200 RATE OF $9.51 PER 100 POUNDS, APPLIED TO THE ACTUAL WEIGHT OF THE SHIPMENT. THE APPLICABLE CHARGE WAS DETERMINED HERE TO BE THE MINIMUM CHARGE FOR AN EXCLUSIVE-USE-OF-VEHICLE SHIPMENT, BASED ON A FIRST CLASS RATE OF $4.76 PER 100 POUNDS, APPLIED TO A MINIMUM WEIGHT OF 15,000 POUNDS. THE DIFFERENCE BETWEEN THIS CHARGE AND THE SUM PREVIOUSLY PAID TO YOU AMOUNTED TO $309.09, AND WHEN YOU FAILED TO REFUND THIS AMOUNT UPON REQUEST, A DEDUCTION IN THAT AMOUNT WAS MADE FROM FUNDS OTHERWISE DUE YOU FOR OTHER SERVICES. YOUR RECLAIM OF THE AMOUNT SO DEDUCTED WAS DISALLOWED BY THE CERTIFICATE OF SETTLEMENT IN QUESTION.

YOUR ORIGINAL BILLING FOR THESE SERVICES, AND YOUR PRESENT CLAIM, ARE BASED ON THE ASSUMPTION THAT ALL OF THE ARTICLES IN THE SHIPMENT WERE PACKED IN CONAX CONTAINER NR 41208, AND THAT YOU THUS ARE ENTITLED TO CHARGES BASED ON THE HIGHEST-RATED ARTICLE IN THE CONTAINER IN ACCORDANCE WITH THE MIXED-PACKAGE RULE OF YOUR TARIFF. THIS ASSUMPTION IS NOT, HOWEVER, CORRECT. THE BILL OF LADING SHOWS THAT ONLY 35 BOXES OF FIREARMS OR PARTS, WEIGHING 4,888 POUNDS (PLUS 250 POUNDS OF DUNNAGE) WERE SHIPPED IN THE CONTAINER, WHICH WEIGHED 1,480 POUNDS. THE BALANCE OF THE SHIPMENT, CONSISTING OF 17 BOXES OF SMALL ARMS AMMUNITION, 7 BOXES OF SPECIAL FIREWORKS, AND 10 BOXES OF FIREARMS OR PARTS, WEIGHING AN AGGREGATE OF 4,140 POUNDS, WAS NOT SHIPPED IN THE CONTAINER. SEE SHEET 2 OF BILL OF LADING B-0256033, COPY ENCLOSED FOR YOUR INFORMATION.

SINCE NO EXPLOSIVE ARTICLES WERE INCLUDED IN THE CONEX CONTAINERS, YOU ARE NOT ENTITLED TO THE CHARGES CLAIMED, BASED ON THE CLASS 200 RATE. THE LESS-THAN-TRUCKLOAD CHARGE FOR THE SHIPMENT WAS LESS THAN THE MINIMUM CHARGE FOR EXCLUSIVE-USE-OF-VEHICLE SERVICE AND YOU PROPERLY ARE DUE THE LATTER CHARGE. THE CERTIFICATE OF SETTLEMENT DISALLOWING YOUR CLAIM FOR $309.09 WAS CONSISTENT WITH THIS BASIS AND IS SUSTAINED.