Request for Review of GSA Settlement Actions

A firm requested review of the amounts which the General Services Administration (GSA) paid for certain transportation operations on the basis of released valuation rates published in one of the protester's tenders. The protester contended that the rates in the tender were not applicable to specific commodities in the absence of any notation on the government bill of lading (GBL) as to their released value. There was agreement between the protester and GSA that the commodities discussed were among those contained in the tender's extensive commodity lists. GAO has stated that, if the commodities were designed for over-the-highway transportation of personnel and property and had a specific type of equipment mounted or contained thereon, the tender rates are not applicable where the shipper fails to annotate the GBL to show released valuation. If the articles in question are not covered by this item, the government would be relieved of the requirement of declaring the value on the GBL. Certain articles in question could not be considered over-the-highway vehicles used for the transportation of persons or property and, therefore, in these instances the government would be relieved of the requirement of declaring the value on the GBL. GAO held that certain other articles in question needed a government declaration of value on the GBL and requested that all claims involving these articles be paid. Accordingly, the GSA audit action was sustained in part and reversed in part. GSA should settle all of the claims concerning these articles in accordance with this decision.