[Decision Concerning GSA Recovery of Overcharges]

A firm requested a review of a General Services Administration (GSA) audit action to recover alleged overcharges for shipments it made for the Army, contending that, since it did not issue the tender containing the rates GSA used, the deductions were improper. GAO held that there was doubt concerning the government's liability, since the: (1) Army received the tender and returned it to the firm for revision; (2) firm made the required revisions; and (3) firm had notice that GSA intended to apply the tender, but failed to inquire about the rates. Accordingly, the GSA action was sustained.