Board of Contract Appeals General Services Administration Washington, D.C. 20405 __________________ December 9, 1999 __________________ GSBCA 15099-RATE In the Matter of TRI-STATE MOTOR TRANSIT CO. Robert D. Norcom, Auditor, Tri-State Motor Transit Co., Joplin, MO, appearing for Claimant. James F. Fitzgerald, Director, Audit Division, Federal Supply Service, 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 Co. (claimant) seeks $293.28 in additional compensation for shipping internal combustion engines under Government Bill of Lading (GBL) G-1,752,757. By settlement certificate of June 2, 1999, the General Services Administration rejected the claim because the engines were shipped as freight all kinds (FAK) in a mixed shipment. For the reasons stated below, we sustain GSA s decision. On February 21, 1996, claimant signed and accepted GBL G- 1,752,757, for the shipment of goods from the Defense Distribution Depot, Anniston, Alabama, to the Consolidation and Containerization Point, New Cumberland, Pennsylvania. The GBL at block twenty, page one, referenced claimant s Tariff/Special Rate authority TSMT 1876," which is claimant s tender rate for goods shipped as FAK. The second page of the GBL contained the notation: Freight of All Kinds NMFC [National Motor Freight Classification] 999913. As specific items to be shipped, the GBL listed transmissions, clutches and parts, water coolers, auto steering gear assemblies without wheels, machinery parts, and internal combustion engines. Internal combustion engines, however, are not FAK. Internal combustion engines are classified under Department of Defense Unique Commodity (DODUC) code 120820 (sub classification 2 & 3) and are not subject to FAK rates. Military Traffic Management Command (MTMC) Freight Traffic Rules Publication (FTRP) No. 1A. The commodity description for internal combustion engines--NMFC 120820--was listed on the GBL. For the shipment, claimant invoiced the Department of Defense (DOD) $894.88 based on the FAK rate, and the DOD paid claimant the amount invoiced. On February 17, 1999, almost three years after the shipment, claimant sought an additional $293.28 for the engines claimant had transported under GBL G-1,752,757. The additional sum was based on claimant s Tariff T4066E for internal combustion engines. The DOD rejected the claim, and, after audit, by settlement certificate dated June 2, 1999, GSA denied it as well. GSA concluded that all items had been transported and noted as FAK on the GBL, and that claimant was not entitled to a further adjustment. Claimant filed a request for review of that determination with the Board. It is settled that although a shipper may prepare a GBL, the carrier is ultimately responsible for issuing the GBL and should not execute it if it is obvious that the GBL contains conflicting terms. In the event the carrier executes the GBL notwithstanding the obvious conflict, it cannot later benefit from corrections or clarifications. Tri-State Motor Transit Co., GSBCA 13869-RATE, 98-1 BCA 29,523; C.I. Whitten Transfer Co., GSBCA 13893-RATE, 97-1 BCA 29,060; see also Tri-State Motor Transit Co., GSBCA 13877-RATE, 98-1 BCA 29,406. Here, there was an obvious conflict. The first page of the GBL referenced claimant s FAK tender as applicable to the entire shipment, yet subsequent pages of the GBL contain accurate DODUC codes for internal combustion engines, which, under MTMC FTRP 1A, are not covered by FAK rates. The obvious inconsistency was sufficient to put claimant upon notice to inquire. See Tri- State Motor Transit Co., GSBCA 13869-RATE, 98-1 BCA 29,523. It chose not to inquire, but to accept the shipment at FAK rates. It is not entitled to any adjustment. __________________________ ANTHONY S. BORWICK Board Judge