B-175517, AUG 3, 1972

B-175517: Aug 3, 1972

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NO. 70 WAS ERRONEOUSLY APPLIED TO DETERMINE THE AMOUNT OF THE OVERCHARGE. WE HAVE TODAY INSTRUCTED OUR TRANSPORTATION AND CLAIMS DIVISION TO REOPEN AND REEXAMINE THE SETTLEMENT AND TO ALLOW YOUR CLIENT THE AMOUNT CLAIMED. YOU INDICATED THAT YOUR REQUEST FOR REVIEW WOULD GOVERN OTHER OVERCHARGE DISPUTES WHICH ARE NOW PENDING HERE. IN THOSE SITUATIONS WHERE WE HAVE ALREADY COLLECTED THE OVERCHARGE. THAT IS. IT WILL BE WITHDRAWN BY OUR TRANSPORTATION AND CLAIMS DIVISION.

B-175517, AUG 3, 1972

TRANSPORTATION CHARGES - APPLICATION OF PROPER TARIFF - CONTRACT RATE AS QUANTUM MERUIT DECISION REGARDING THE CLAIM OF NEWMAN BROTHERS TRUCKING COMPANY FOR ADDITIONAL FREIGHT CHARGES OF $1,165.59 FOR TRANSPORTATION SERVICES RENDERED ON SIX SHIPMENTS OF GOVERNMENT PROPERTY WHICH MOVED FROM RED RIVER ARMY DEPOT, TEX., TO KELLY AFB, TEX. SINCE IT HAS BEEN DETERMINED THAT OIL FIELD HAULERS ASSOCIATION, INC., TARIFF 10-E, MF-I.C.C. NO. 70 WAS ERRONEOUSLY APPLIED TO DETERMINE THE AMOUNT OF THE OVERCHARGE, THE CLAIM MAY BE ALLOWED USING THE CONTRACT RATE AS A QUANTUM MERUIT PAYMENT.

TO RAWLINGS, SAYERS & SCURLOCK:

WE REFER AGAIN TO YOUR LETTER OF MARCH 20, 1972, WITH ENCLOSURES, IN WHICH YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE OF FEBRUARY 17, 1972 (OUR CLAIM NO. TK 942919). THE SETTLEMENT DISALLOWED YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES OF $1,165.59 FOR TRANSPORTATION SERVICES RENDERED ON SIX SHIPMENTS OF GOVERNMENT PROPERTY WHICH MOVED FROM RED RIVER ARMY DEPOT, DEFENSE, TEXAS, TO KELLY AIR FORCE BASE, SAN ANTONIO, TEXAS, UNDER GOVERNMENT BILLS OF LADING F-3828672, F-3828766, F 3829113, F -3829202, F-3829516, AND F-3829515.

WE HAVE TODAY INSTRUCTED OUR TRANSPORTATION AND CLAIMS DIVISION TO REOPEN AND REEXAMINE THE SETTLEMENT AND TO ALLOW YOUR CLIENT THE AMOUNT CLAIMED, IF OTHERWISE CORRECT.

YOUR CLIENT SHOULD RECEIVE NOTICE OF ANY ADDITIONAL AMOUNT THAT MAY BE FOUND DUE IN DUE COURSE.

YOU INDICATED THAT YOUR REQUEST FOR REVIEW WOULD GOVERN OTHER OVERCHARGE DISPUTES WHICH ARE NOW PENDING HERE. IN THOSE SITUATIONS WHERE WE HAVE ALREADY COLLECTED THE OVERCHARGE, UNDER THE USUAL PROCEDURES CARRIERS SUBMIT FORMAL CLAIMS FOR SUCH AMOUNTS AS THEY BELIEVE TO BE DUE. SEE 4 CFR 54. ACCORDINGLY, YOUR CLIENT IN SUCH CASES SHOULD PRESENT ITS CLAIMS FORMALLY SO THAT OUR TRANSPORTATION AND CLAIMS DIVISION CAN IDENTIFY THE TRANSACTION; WHERE AN OVERCHARGE HAS NOT BEEN COLLECTED, THAT IS, WHERE YOUR CLIENT HAS PROTESTED THE NOTICE OF OVERCHARGE, AND IF NO OTHER ISSUE EXISTS, IT WILL BE WITHDRAWN BY OUR TRANSPORTATION AND CLAIMS DIVISION.