1
 
                       Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
                             _____________
 
                             April 1, 1998
                             _____________
 
 
                            GSBCA 14112-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 seeks additional payment for use of a
        tarpaulin for  security purposes.   The record  reveals
        that  the shipper  requested  such  use  and  that  the
        claimant furnished the tarpaulin.  The agreement of the
        claimant with  the Government entitles  the claimant to
        $100 for providing such a service.
 
        Under one remaining  theory, the  claimant, Tri-State  Motor
   Transit  Co., seeks  additional  payment  for  a  shipment  under
   Government bill of lading (GBL)  D-1,655,764.  A term under which
   the shipment occurred  specified that when "requested  by shipper
   for  security  purposes,  carrier will  cover  the  shipment with
   tarpaulin(s).  . . .    Shipper will annotate the Government bill
   of lading, 'PROTECTIVE TARPING FOR SECURITY PURPOSES REQUESTED.'"
   The charge for such service was $100.
 
        The GBL did not contain the annotation.  However, the senior
   traffic specialist and certifying official for the shipper stated
   in  a memorandum to  the claimant: "Please  use this  fax as your
   correction on GBL D-1,655,764.  This movement to Patrick AFB, did
   require tarps for  security purposes and Tri-State  Motor Transit
   furnished tarps."  The record  provides no basis to discredit the
   statement;  rather, the  record  supports  the  accuracy  of  the
   statement.  Although the GBL was not corrected with standard form
   1200, 41 CFR 101-41.302-7 (1991), the record provides no basis to
   discredit the memorandum.
 
 
        The  claimant provided  tarpaulins for security  purposes at
   the   request   of   the   shipper;  the   shipper   subsequently
   constructively amended the GBL.   The claimant is entitled to the
   $100 sought.
 
 
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge