_________________ November 26, 1997 _________________ GSBCA 13875-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. VERGILIO, Board Judge. The claimant, Tri-State Motor Transit Co., seeks payment of $651 as an exclusive use charge for a shipment under a specific Government bill of lading (GBL). Neither the General Services Administration nor the Department of Defense has put forward a basis to depart from Board precedent which establishes that a request on a GBL for a shipper applied seal with a seal number prefixed with "USDISC" constitutes a request for a cable lock which is, by the terms of the tariff, a request for exclusive use. Accordingly, having also established that exclusive use was provided, the claimant is entitled to the amount it seeks. The GBL underlying this shipment specifies in block twenty that the movement is to occur pursuant to Tri-State's tariff 4001B. The GBL states in block twenty-four that the shipper is to apply a seal with a number prefixed by "USDISC". The application of the tariff is not here at issue. However, Tri- State maintains that a provision of its tariff specifies that use of any method of sealing a dromedary, which requires the use of mechanical means to break, constitutes a request for exclusive use of the container and assessment of exclusive use charges. Tri-State also contends, with the support of an affidavit and other documentation, that the USDISC prefix connotes a request for a cable lock, which requires mechanical means to break, and that it provided exclusive use transportation. Nothing in the record contradicts and the record supports these assertions by Tri-State. The Board has established that the above facts constitute a request for exclusive use under the tariff. Tri-State Motor Transit Co., GSBCA 13948-RATE, 97-1 BCA 28,930; Tri-State Motor Transit Co., GSBCA 14262-RATE (Nov. 14, 1997). In light of this (and other) precedent, neither the GSA nor the Department of Defense has suggested a basis to conclude otherwise in this matter. Through the GBL, the Government requested exclusive use under the tariff. The Government obtained an exclusive use shipment. Tri-State is entitled to recover at its established, applicable rate, here the additional $651 it seeks. ____________________________ JOSEPH A. VERGILIO Board Judge