_______________________________________________
 
                            January 9, 1998
            _______________________________________________
 
 
                            GSBCA 14249-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 S) denial of claims for reimburse-
   ment for alleged excess released value on five shipments sent by
   government bills of lading (GBLs).[foot #] 1  GSA had
   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.  
 
        In considering this matter, the GAO stated:
                                                                    
                   ----------- 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 -----------
 
 
 
        As you suggest, GSA's settlements appear to be contrary
        to our decision in Tri-State Motor Transit Company-
        Reconsideration, B-254378.2 et. al., July 5, 1995. 
        Your letter to the [Administrator of General Services],
        dated September 14, 1995, indicates that you are at-
        tempting to enforce our July 5, 1995, decision within
        GSA.  If you are unsuccessful with the Administrator,
        you may have to pursue other remedies.  We have clearly
        stated our position on the matter and have nothing
        further to add. We will maintain this letter as evi-
        dence of your request  for review, and will provide a
        copy of it with all enclosures to GSA and to the Mili-
        tary Traffic Management Command.  Please advise if you
        believe there are further steps we can take.
 
        We consider the last paragraph of this letter to be an
   indication that the matter remained pending and was not resolved
   by GAO.  Tri-State Motor Transit Co., GSBCA 14243-RATE (Nov. 4,
   1997).  We proceed to consider the claim on its merits.
 
        For the reasons stated below, we conclude that GSA erred in
   denying the claims.  
 
        The GBLs and claimed amounts are: 
 
                  D-2,408,998      $60.00
                  C-1,038,403        9.00
                  E-2,255,752       37.35
                  D-1,038,400        9.00
                  C-7,934,279       88.80
 
        The claim for GBL D-2,408,998 is typical of the five claims
   presented here.  Under that GBL, Tri-State carried a motor
   vehicle/truck, weighing 24,000 pounds, from Martin Marietta
   facilities in Orlando, Florida to the Redstone Arsenal in Ala-
   bama.  The truck was shipped as freight all kinds (FAK), and the
   GBL contained the following notation: "RVNX [released value not
   to exceed] $2.50 [per pound]."  
 
        Tri-State charged the Government $817.40, which the Govern-
   ment paid.  Then, Tri-State filed a claim for the excess declared
   value, which it calculated as follows.  Tri-State derived the
   declared value of $60,000 (24,000 (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
   $40,000.  Tri-State applied the rate of $.15/$100 to arrive at an
   amount due of $60.00 (($40,000/100) x $.15). 
      
        The Government maintains the released value statements on
   the GBLs such as "RVNX $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 14352-RATE (Jan. 6, 1998); Tri-Stae Motor
   Transit Co., GSBCA 14245-RATE (Nov. 26, 1997); 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 and the decisions of the GAO. 
   Tri-State is entitled to payment on its claims.
 
                                 __________________________
                                 ANTHONY S. BORWICK
                                 Board Judge