Determination of Applicability of Carrier's Rate Tender to Shipments

B-190955: Oct 13, 1978

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A carrier requested review of a General Services Administration (GSA) collection action on overcharges. GSA determined that lower tariff rates derived from the carrier's tenders applied to the shipments in question. The carrier's tender specified a delivery point of Portsmouth, New Hampshire, for items for the Portsmouth Naval Shipyard, located one and one half miles from Portsmouth, New Hampshire, in Kittery, Maine. Extrinsic evidence was required to ascertain whether the carrier's intent was to include Kittery, Maine, within the destination. This was the carrier's intent when analyzed in terms of circumstances, including mailing and delivery addresses, type of items shipped, the conduct of agents, and communications between parties. Therefore, GSA validly determined that the carrier's rate tender was applicable to the shipments.