Board of Contract Appeals General Services Administration Washington, D.C. 20405 _______________________________ February 19, 1998 _______________________________ GSBCA 14110-RATE In the Matter of C. I. WHITTEN TRANSFER CO. Robert D. Norcom, Auditor, C. I. Whitten Transfer 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. DeGRAFF, Board Judge. Findings of Fact On March 9, 1993, the Department of Defense (DoD) tendered a shipment of goods to C. I. Whitten Transfer Company (Whitten). Block 18 of the Government Bill of Lading (GBL C-0,983,084) states that the size of the shipment was 208 cubic feet. Block 24 of the GBL contains a space to describe the "Length/Cube" ordered and another space to describe the "Length/Cube" furnished. Block 24 contains a space to describe the "Marked Capacity" ordered and another space to describe the "Marked Capacity" furnished. All of these spaces contain the code "AD4," which is a dromedary box code. The Whitten tender listed on the face of the GBL applies to code AD4 dromedary box service. Military Freight Traffic Rules Publication No. 1A (MFTRP 1A) governs freight services provided to DoD by motor carriers. Item 325 of MFTRP 1A in effect for this shipment described a dromedary box identified by code AD4 as follows: 90"-L, 70"-H, 57 "-W, 200 cubic feet." Item 325 said that shipments exceeding these dimensions would not be transported at dromedary service rates. Whitten hauled the shipment and billed DoD $2,096.67, applying a rate found in the Whitten tender applicable to code AD4 dromedary box service. Later, Whitten submitted a supplemental bill for $42.59 because, said Whitten, the shipment exceeded the dimensions of a code AD4 dromedary box and so Whitten should have billed at a higher rate. Whitten says that it often substituted larger available equipment in place of the equipment ordered, and that it must have furnished a container larger than a code AD4 dromedary box. Whitten s evidence that the dimensions of the shipment exceeded the dimensions of a code AD4 dromedary box and that it provided a larger container is that the GBL said the shipment was 208 cubic feet, while MFTRP 1A describes a code AD4 dromedary box as holding only 200 cubic feet. The Office of Transportation Audits decided to deny Whitten s claim for the additional $42.59. Whitten asks us to review this decision. Discussion Whitten bears the burden of establishing that the dimensions of the shipment exceeded the dimensions of a code AD4 dromedary box, and that it provided a container larger than a code AD4 dromedary box. Rule 301. Whitten has not met its burden. The only evidence that the shipment exceeded the dimensions of a code AD4 dromedary box and that, therefore, Whitten provided something larger than a code AD4 dromedary box is the statement on the face of the GBL that the size of the shipment was 208 cubic feet. The GBL also states, however, that a code AD4 dromedary box was ordered and that a code AD4 dromedary box was furnished, and that the Whitten tender applicable to code AD4 dromedary boxes was applicable to the shipment. There is no reason to believe that the GBL s statement as to the size of the shipment is any more reliable than the GBL s statements that an AD4 dromedary box was furnished and provided, and that Whitten s tender applicable to AD4 dromedary boxes was applicable to the shipment. The GBL does not state the dimensions of the shipment and Whitten has offered no proof of either the true dimensions of the shipment or the actual container it provided to haul the shipment. Whitten s claim fails for lack of proof. We agree with the decision to deny Whitten s claim. ______________________________ MARTHA H. DeGRAFF Board Judge