B-165135, JUN. 5, 1969

B-165135: Jun 5, 1969

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INC.: FURTHER REFERENCE IS MADE TO YOUR FOUR LETTERS OF AUGUST 22. THE BASIS OF YOUR REQUEST FOR REVIEW SEEMS TO BE THAT ITEM 35 OF SECTION 22 QUOTATION 18 REQUIRES AN EXPRESS NOTATION TO THE EFFECT THAT THE SHIPMENT IS RELEASED TO A VALUE OF 50 CENTS PER POUND. 1959) AND CONTEND THAT CONDITION 5 ON THE REVERSE SIDE OF THE GOVERNMENT BILL OF LADING IS NOT CONTROLLING WHEN THE RATE IN QUESTION IS NAMED IN A SECTION 22 QUOTATION. THE QUESTIONS RAISED BY YOU HAVE BEEN EXPLAINED IN OUR DECISION TO YOUR COMPANY DATED NOVEMBER 20. IT IS OUR VIEW THAT CONDITION 5 OF THE GOVERNMENT BILL OF LADING SATISFIES THE SECTION 22 QUOTATION REQUIREMENT FOR A STATEMENT OF THE RELEASED VALUE IN ORDER TO OBTAIN THE LOWEST AVAILABLE CHARGES.

B-165135, JUN. 5, 1969

TO GEORGIA HIGHWAY EXPRESS, INC.:

FURTHER REFERENCE IS MADE TO YOUR FOUR LETTERS OF AUGUST 22, 1968, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATES DATED AUGUST 14 AND 15, 1968 (OUR CLAIMS NUMBERED TK-876821, TK-876005, TK-876006, AND TK 876929), DISALLOWING YOUR CLAIMS NUMBERED 16074, 15273, 14004 AND 16010 FOR ADDITIONAL FREIGHT CHARGES IN THE AMOUNTS OF $54.99, $23.49, $68.83 AND $27.31, RESPECTIVELY.

THE BASIS OF YOUR REQUEST FOR REVIEW SEEMS TO BE THAT ITEM 35 OF SECTION 22 QUOTATION 18 REQUIRES AN EXPRESS NOTATION TO THE EFFECT THAT THE SHIPMENT IS RELEASED TO A VALUE OF 50 CENTS PER POUND. YOU RELY ON 38 COMP. GEN. 768 (MAY 18, 1959) AND CONTEND THAT CONDITION 5 ON THE REVERSE SIDE OF THE GOVERNMENT BILL OF LADING IS NOT CONTROLLING WHEN THE RATE IN QUESTION IS NAMED IN A SECTION 22 QUOTATION. THE QUESTIONS RAISED BY YOU HAVE BEEN EXPLAINED IN OUR DECISION TO YOUR COMPANY DATED NOVEMBER 20, 1968, B-165265, COPY ENCLOSED FOR YOUR READY REFERENCE. AS THERE INDICATED, IT IS OUR VIEW THAT CONDITION 5 OF THE GOVERNMENT BILL OF LADING SATISFIES THE SECTION 22 QUOTATION REQUIREMENT FOR A STATEMENT OF THE RELEASED VALUE IN ORDER TO OBTAIN THE LOWEST AVAILABLE CHARGES.

THE SETTLEMENTS DISALLOWING THE PRESENT CLAIMS WERE CONSISTENT WITH THE PRINCIPLES EXPRESSED IN DECISION B-165265, AND, ACCORDINGLY, THEY ARE SUSTAINED.