Request for Review of Deduction Action

A company requested review of a deduction action taken by the General Services Administration (GSA) to recover an overcharge collected by the company on a shipment of household goods owned by a military employee. The company contended that the audit action was unfair in the context of the circumstances surrounding the assessment of the bridge charge on intrastate traffic traversing the Florida Keys. The company also contended that the rates and charges were applicable despite the fact that they were higher than those derived from the intrastate tariff. The action by GSA was sustained because: (1) the United States and a carrier may contract independent of a tariff filed with a state regulatory commission although, in absence of a contract, the tariff applies; (2) rates and charges in intrastate tariffs are "otherwise applicable" within the meaning of the alternation provision in the tender; and (3) government officers have no authority to contract for intrastate or interstate transportation at rates higher than those available to the general public for the same or similar services.