_______________________________________________
 
                           November 18, 1997
            _______________________________________________
 
 
                            GSBCA 13735-RATE
 
 
              In the Matter of TRI-STATE MOTOR TRANSIT CO.
 
 
        Robert D. Norcom, Auditor, Tri-State Motor Transit Co.,
   Joplin, MO, appearing for Claimant.
 
        Jeffrey J. Thurston, Director, Office of Transportation
   Audits, General Services Administration, Washington, DC,
   appearing for General Services Administration.
 
        Col. James F. Quinn, Staff Judge Advocate, Headquarters,
   Military Traffic Management Command, Department of the Army,
   Falls Church, VA, appearing for Department of Defense.
 
   BORWICK, Board Judge.
 
        Tri-State Motor Transit Company (Tri-State) filed a request
   for review with the General Accounting Office of the General
   Services Administration s (GSA) denial of claims for reimburse-
   ment for alleged excess released value on thirty-seven shipments
   sent by government bills of lading (GBLs).[foot #] 1 
   GSA denied each claim for the same reason, essentially that the
   Government had no intention of declaring a released value in
   excess of the default released value of $20,000 established for
   the shipped goods by Military Traffic Freight Rules Publication
   No. 1A (MTFRP 1A) Item 190.  For the reasons stated below, we
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1    Congress  transferred   the  review   function
   formerly  performed by  GAO  to  the Director  of  the Office  of
   Management and Budget (OMB) and  authorized him to delegate it to
   any  other agency or  agencies.  Pub.  L. No.  104-53,   211, 109
   Stat. 514, 535 (1995).  The Acting Director of OMB delegated this
   function to GSA  (Delegation, June 28, 1996), and  the Acting GSA
   Administrator  redelegated it to this Board (Delegation, July 17,
   1996).   Later, Congress  made permanent  the assignment  of this
   duty to the Administrator.  Pub. L. No. 104-316,   202(o)(2), 110
   Stat. 3826, 3844 (1996).  
 
                   ----------- FOOTNOTE ENDS -----------
 
 
   conclude that GSA erred in denying the claims.  
 
 
        The GBLs (in the order presented by claimant in its appen-
   dix) and claimed amounts (derived from the settlement certifi-
   cates) are: 
 
                  C-7,864,651      $65.70
                  C-7,864,650       65.70
                  C-7,864,652       65.70
                  C-7,658,396        8.55
                  D-0,649,997      213.60
                  C-7,658,639        4.50
                  C-1,401,683       84.00
                  C-7,658,680        4.50
                  D-1,401,685      114.32
                  D-1,401,686       84.00
                  C-7,180,015       83.45
                  C-8,089,281      125.00
                  C-1,139,396       73.75
                  D-0,525,438       30.30
                  C-2,078,357       38.25
                  C-2,078,368       60.60
                  C-1,139,402       42.30
                  C-1,139,395       73.35
                  D-0,973,076       99.15
                  D-0,973,073       99.15
                  E-2,038,263       40.80
                  E-2,038,246       40.05
                  C-9,072,785      166.50
                  C-7,658,344        4.50
                  C-7,658,347        4.50
                  C-7,658,346        4.50
                  C-7,658,345        4.50
                  E-2,038,243       75.00
                  D-1,010,393       59.25
                  C-7,658,638        4.65
                  C-7,658,418      281.81
                  D-1,364,034       73.65
                  D-0,691,408       37.50
                  D-1,364,032       72.15
                  C-0,933,384       64.80
                  C-9,531,449       30.00
                  D-1,023,099       45.00
 
        We use the claim for GBL C-7,864,651 as a typical example. 
   Under that GBL, Tri-State carried a motor vehicle/truck, weighing
   25,550 pounds, from Tobyhanna Army Depot, Tobyhanna, Pennsylva-
   nia, to Phoenix, Arizona.  The truck was shipped as "freight all
   kinds," and the GBL contained the following notation: "RVNE
   [released value not to exceed] $2.50 [per pound]."  
 
        Tri-State charged the Government $4,479.35, which the
   Government paid.  Then, Tri-State filed a claim for the excess
   declared value, which it calculated as follows.  Tri-State
   derived the declared value of $63,750 (25,550 (the weight of the
   truck) x $2.50).  The excess declared value above the default
   released value of $20,000 established by MTFRP 1A) Item 190 was
   therefore $43,750.  Tri-State rounded that amount to $43,800 and
   applied the rate of $.15/$100 to arrive at an amount due of
   $65.70 ($43,800/100) x $.15).  The Government did not contest the
   rounding.  
      
 
        The Government maintains the released value statements on
   the GBLs such as "RVNE $2.50 per lb.," do not entitle claimant to
   payment beyond the FAK rates.  Both this Board and the General
   Accounting Office have considered this "released valuation" issue
   and have concluded that the Government is wrong.  Tri-State Motor
   Transit Co., GSBCA 13839-RATE, 97-1 BCA   28,953; Tri-State Motor
   Transit Co., GSBCA 13746-RATE, 97-1 BCA   28,951; Tri-State Motor
   Transit Co.--Reconsideration, B-254378.2, et al. (July 5, 1995). 
   We follow our earlier decisions.  Tri-State is entitled to
   payment on its claims.
 
                                 __________________________
                                 ANTHONY S. BORWICK
                                 Board Judge