B-153476, APR. 24, 1964

B-153476: Apr 24, 1964

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AGENT HANLY'S EFFECTS WERE MOVED FROM BALTIMORE. THE CARRIER ORIGINALLY BILLED AND WAS PAID CHARGES IN THE AMOUNT OF $1. WE UNDERSTAND THAT THERE ARE NO REGULARLY PUBLISHED JOINT TARIFF RATES IN EFFECT TO COVER MOVEMENTS OF HOUSEHOLD GOODS FOR THE GENERAL PUBLIC IN FREIGHT FORWARDER SERVICES TO FOREIGN COUNTRIES. SERVICES HERE WERE PROCURED BY THE GENERAL SERVICES ADMINISTRATION ON THE BASIS OF AN AGREED RATE OF $31.40 PER 100 POUNDS UNDER THE AUTHORITY GRANTED BY BUREAU OF THE BUDGET CIRCULAR NO. WAS ISSUED TO HAMPDEN MOVING AND STORAGE. NEITHER THE CONTRACT NOR THE GOVERNMENT BILL OF LADING SPECIFICALLY STATES THAT THE SHIPMENT WAS TO BE IN "DOOR-TO-DOOR" SERVICE. NOTWITHSTANDING THE FACT THAT SERVICES UNDER RATES IN "DOOR- TO-DOOR" TRANSPORTATION ARE USUALLY CONSIDERED ALL-INCLUSIVE.

B-153476, APR. 24, 1964

TO MR. HAROLD C. POLENZ, AUTHORIZED CERTIFYING OFFICER, UNITED STATES SECRET SERVICE:

ON FEBRUARY 10, 1964, YOU REQUESTED OUR DECISION WHETHER THERE SHOULD BE CERTIFIED FOR PAYMENT A VOUCHER FOR $149.06 IN FAVOR OF HAMPDEN MOVING AND STORAGE, INC., COVERING ADDITIONAL CHARGES INCIDENT TO THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF SPECIAL AGENT JOHN H. HANLY OF THE UNITED STATES SECRET SERVICE. SPECIFICALLY THE AMOUNT REPRESENTS A SUPPLEMENTAL BILLING FOR USE OF A VAN AND 9 MEN IN TRANSPORTING FURNITURE FROM THE STREET TO RESIDENCE ON THE SEVENTH FLOOR OF A BUILDING.

AGENT HANLY'S EFFECTS WERE MOVED FROM BALTIMORE, MARYLAND, TO PARIS, FRANCE, ON A GOVERNMENT BILL OF LADING NO. B-5129514. THE CARRIER ORIGINALLY BILLED AND WAS PAID CHARGES IN THE AMOUNT OF $1,634.37, ON D.O. VOUCHER NO. 11482, JANUARY 9, 1964.

WE UNDERSTAND THAT THERE ARE NO REGULARLY PUBLISHED JOINT TARIFF RATES IN EFFECT TO COVER MOVEMENTS OF HOUSEHOLD GOODS FOR THE GENERAL PUBLIC IN FREIGHT FORWARDER SERVICES TO FOREIGN COUNTRIES. SERVICES HERE WERE PROCURED BY THE GENERAL SERVICES ADMINISTRATION ON THE BASIS OF AN AGREED RATE OF $31.40 PER 100 POUNDS UNDER THE AUTHORITY GRANTED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56 (REGULATIONS GOVERNING PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES). CONTRACT NO. TR NO. 7-13 DATED AUGUST 1, 1963, WAS ISSUED TO HAMPDEN MOVING AND STORAGE, INC., TO FURNISH THROUGH CONTAINER SERVICE FROM BALTIMORE, MARYLAND, TO PARIS, FRANCE, AT A RATE OF $31.40 PER 100 POUNDS NET, TO BE SHIPPED VIA THE FIRST AVAILABLE AMERICAN FLAG VESSEL. NEITHER THE CONTRACT NOR THE GOVERNMENT BILL OF LADING SPECIFICALLY STATES THAT THE SHIPMENT WAS TO BE IN "DOOR-TO-DOOR" SERVICE. HOWEVER, HAMPDEN MOVING AND STORAGE'S FREIGHT BILL, ATTACHED TO THE BILL OF LADING, READS--

"PACKING, CRATING, BANDING, WEIGHING, MARKING, PREPARING FOR OVERSEAS DOOR TO DOOR CONTAINER SERVICE--- 5205 LBS AT $31.40 CWT. 1,634.37.'

DOOR-TO-DOOR CONTAINER SERVICE GENERALLY COVERS---

"ALL COMMERCIAL SERVICES UTILIZING CONTAINERS; I.E., WOODEN BOXES, PLYWOOD, STEEL, AND OTHER SUITABLE CONTAINERS AFFORDING ADEQUATE PROTECTION FROM ORIGIN RESIDENCE TO DESTINATION RESIDENCE; PLACING AND LEADING OF CONTAINERS AT RESIDENCE (FOR OVERSEAS AREAS: TRANSPORTATION OF LOADED CONTAINER TO PORT OF DEPARTURE; ARRANGING FOR OCEAN MOVEMENT ON COMMERCIAL VESSELS AND/OR IRCRAFT; TRANSPORTATION OF LOADED CONTAINERS BEYOND PORT OF DISCHARGE TO RESIDENCE AT ESTINATION); AND UNLOADING CONTAINERS AND PLACING HOUSEHOLD GOODS INTO RESIDENCE.'

FROM THE ABOVE IT APPEARS THAT RATES FOR A SHIPMENT OF HOUSEHOLD GOODS IN "DOOR-TO-DOOR" SERVICE WOULD GENERALLY ENCOMPASS ALL ACCESSORIAL CHARGES, BOTH PRIOR AND SUBSEQUENT TO THE TRANSPORTATION ITSELF, AND NO ADDITIONAL SERVICES WOULD BE REQUIRED. HOWEVER, THE SITUATION HERE SEEMS TO ENTAIL SERVICES THAT MIGHT BE CONSIDERED MORE THAN THOSE NORMALLY REQUIRED IN A SHIPMENT OF THIS TYPE. THE REQUIREMENT TO TRANSPORT THE HOUSEHOLD GOODS BY LIFT FOR SIX FLOORS AND THEN MANUALLY TO THE SEVENTH FLOOR OF A BUILDING DOES NOT APPEAR TO BE SERVICES THAT WOULD BE ENCOUNTERED EXCEPT UNDER VERY UNUSUAL CIRCUMSTANCES.

ACCORDINGLY, NOTWITHSTANDING THE FACT THAT SERVICES UNDER RATES IN "DOOR- TO-DOOR" TRANSPORTATION ARE USUALLY CONSIDERED ALL-INCLUSIVE, WE BELIEVE THAT, DUE TO THE UNUSUAL CIRCUMSTANCES ENCOUNTERED AT THE DESTINATION, THE FACT THAT THE APPLICABLE QUOTATION DOES NOT CLEARLY STATE WHAT SERVICES WERE ACTUALLY AUTHORIZED FOR THIS SHIPMENT AND THE FURTHER FACT THAT THE CHARGES ASSESSED BY THE CLAIMANT INCLUDING THE AMOUNT HERE CLAIMED DO NOT EXCEED THOSE CHARGED BY OTHER FREIGHT FORWARDERS, THE CARRIER IS ENTITLED TO THE ADDITIONAL CHARGE.

ACCORDINGLY THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.