1
 
                       Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
                             _____________
 
                             June 30, 1998
                             _____________
 
 
                            GSBCA 14330-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.
 
             Three Government bills of lading (GBLs) identified
        a carrier other than the claimant, and a rate authority
        of that  carrier, not of  the claimant.   The claimant,
        which  had  purchased  some assets  of  the  identified
        carrier,  transported the goods.  The Government is not
        obligated to  pay the claimant  at a rate  greater than
        that of the carrier identified in the GBLs.
 
        The claimant,  Tri-State Motor Transit Co., seeks additional
   payment  for shipments under  GBLs D-1,029,274,  D-1,029,277, and
   D-1,029,279.  Each  GBL identifies the transportation  company as
   Lucas Trucking  & Leasing Inc. (LTAL) and the tariff/special rate
   authority as  LTAL 0318.   The "signature  and tally  record" for
   each action specifies Lucas Trucking  as the name of the carrier,
   and  for routing  identifies  Lucas  Trucking.   At  the time  of
   transportation  under each GBL,  the claimant had  purchased some
   assets of  LTAL.   The claimant initially  invoiced and  was paid
   based upon the identified LTAL tender.  Maintaining that the LTAL
   rates  do not  apply to  its  shipments, the  claimant has  since
   sought  additional  payment  based  upon  its  own  rates.    The
   Government denied additional payment.
 
        The  claimant has  not demonstrated  any error  in the  GBLs
   which identified LTAL as the  carrier and the LTAL rate authority
   to  be  utilized  for reimbursement  purposes.    Presumably, the
   claimant transported the goods as  an agent for LTAL.  The  rates
   of  LTAL  would remain  operative.    Such  an action  would  not
   obligate the  Government to pay  more than indicated in  the GBLs
   and  appropriate  rate authority.    Alternatively,  the claimant
   transported the  goods without the knowledge or  consent of LTAL,
   while aware of  the conditions of payment contained  in the GBLs.
   The claimant  has not set  forth a basis which  would require the
   Government  to pay  the  claimant  at a  rate  greater than  that
   determined in accordance with the GBLs.
 
        The  Government  properly  has  disallowed  the  claims  for
   additional payment under the GBLs.
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge