Cargo Carriers, Inc. v. United States

40 Cont. Cas. Fed. 76,871, 34 Fed. Cl. 634, 1995 U.S. Claims LEXIS 235, 1995 WL 746564
CourtUnited States Court of Federal Claims
DecidedDecember 11, 1995
DocketNo. 93-712C
StatusPublished
Cited by6 cases

This text of 40 Cont. Cas. Fed. 76,871 (Cargo Carriers, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cargo Carriers, Inc. v. United States, 40 Cont. Cas. Fed. 76,871, 34 Fed. Cl. 634, 1995 U.S. Claims LEXIS 235, 1995 WL 746564 (uscfc 1995).

Opinion

OPINION

YOCK, Judge.

This transportation case involves a challenge by the plaintiff to the General Services Administration’s (“GSA”) determination that the plaintiff overcharged the Department of the Navy (“Navy”) for exclusive-use service in transporting freight between destinations within the United States. A trial was conducted in Washington, D.C., on June 7 and 8, 1995. For the reasons stated herein, and after careful consideration of the entire record and the parties’ post-trial briefs, the Court finds in favor of the plaintiff.

Statement of Facts

In 1985 and early 1986, through directives and solicitations issued by the Military Traffic Management Command (the “MTMC”), the plaintiff, Cargo Carriers, Inc. (“Cargo Carriers”), became interested in transporting freight for the Navy. The MTMC supervises all military transportation procurement. In order to perform this work, the plaintiff submitted rate tender No. 145 to the MTMC, which included proposals or bids on the types of transportation services offered by Cargo Carriers and the respective prices. Rate tender No. 145 conformed in all respects with the prescriptions of the MTMC. Included among these prescripts is the requirement that all rate tenders adopt the MTMC Freight Traffic Rules Publication No. 1A (“MFTRP No. 1A”) as a governing publication.

Rate tender No. 145 contained two types of pricing mechanisms. The first, a line-haul rate, relates to the transportation costs to move freight from the point of origin to the destination. This rate is expressed in terms of dollars and cents per hundred weight (“cwt”), and the rate varies depending on the distance the carrier is required to travel. The line-haul charge is the product of the line-haul rate multiplied by the minimum weight selected by the carrier in its rate tender or the actual weight of the shipment, whichever is greater.1 In the case at bar, [637]*637the plaintiff selected 40,000 pounds as the minimum weight to submit to the MTMC in its rate tender. Cargo Carriers also offered a second set of pricing mechanisms as a choice of ten accessorial services to which the Navy could choose to subscribe. Included among these additional services was an option to subscribe to “exclusive-use” service at a rate of $2.10 per mile. According to the MFTRP No. 1A, exclusive-use service entails a carrier devoting a trailer solely to the freight of that shipper, without the breaking of the seals or locks. If the seal is broken during transportation of the cargo, the carrier must provide the shipper with an accounting of how and why the seal was broken. As a result, the shipper is ensured that its cargo will not be commingled with freight different from its own, regardless of whether the shipment fills the trailer to full capacity. Further, the shipper is also guaranteed that the carrier will not transfer the freight to other trailers during the course of transportation.

The MTMC, after reviewing Cargo Carriers’ tender and those of other interested carriers, subsequently accepted Cargo Carriers’ rate tender and informed the Navy that the plaintiff was approved to transport freight from Charleston, South Carolina, to other points in the United States. Thereafter, the Navy tendered to Cargo Carriers between 40 and 50 shipments over any given ten-day period. Of those shipments, the Navy requested exclusive-use service on approximately 30 shipments. This litigation relates to 27 of those shipments, most of which occurred in 1990.2 Each of the shipments had a corresponding bill of lading with a series of boxes to indicate the weight and the cubic measurement of a shipment, and a block to be checked if the vehicle was fully loaded. Annotations on the bills of lading for the 27 exclusive-use shipments at issue indicate that the weights of the shipments ranged from 103 pounds to 28,200 pounds. By contrast, a standard semi-trailer has a full capacity of some 45,000 pounds. In addition, annotations on the bills of lading involved indicate that the cubic measurements of the 27 exclusive-use shipments were in the range of 600 cubic feet, much less than the standard semi-trailer cubic capacity of 2,700 cubic feet. Finally, not one of the bills of lading involved indicate that any of the vehicles were fully loaded. As a result, then, of the Navy’s request for exclusive-use service for these 27 shipments, the plaintiff was prohibited from utilizing the unused trailer space for freight from customers other than the Navy, despite the fact that the Navy shipments filled, at the most, half of a standard trailer’s capacity. Consequently, the plaintiff submitted charges to the Navy which reflected both the line-haul and exclusive-use charges, and the Navy proffered payment pursuant to these charges.

From October 23, 1991 through May 11, 1992, the GSA audited the charges submitted by the plaintiff with respect to the 27 shipments at issue. Upon completion of the audit, the GSA made a series of deductions from the amounts deemed due by Cargo Carriers. In determining the overcharges, the GSA recalculated the charges for each shipment by applying the line-haul rate included in Cargo Carriers’ rate tender to a 45,000 pound minimum weight. The GSA then concluded that any charge above the line-haul rate applied to 45,000 pounds was an overcharge. The result was total deductions of $21,357.32 from compensation the plaintiff had determined as due.3 As a basis for this action, the GSA first relied on ITEM 106 of MFTRP No. 1A (“Item 106”), which precludes a charge for exclusive use when:

a shipment is overdimensional and subject to ITEMS 415 and 417, or [2] when a vehicle is loaded to a full visible capacity * * *, or [3] when line-haul charges are based upon a minimum weight of 45,000 pounds or [4] actual weight in excess of 45,000 pounds, or [5] when tender rates are based on Rate Qualifiers PG, PJ, PL, [638]*638PM, PV, PY, ST, or [6] when exclusive use of vehicle or dromedary is required as part of a transportation protective service.

Specifically, the GSA relied on the third exception contained in Item 106 (the “minimum-weight exception”), which precludes a carrier from charging for exclusive use when “line-haul charges are based upon a minimum weight of 45,000 pounds.” The GSA, relying on the Comptroller General’s opinion in Advanced Distribution System, B-248291 (July 10, 1992), posited that Item 106 is not dependent on the minimum weight contained in the carrier’s rate tender and upon which a carrier’s line-haul charge is based. Rather, the GSA argued that Item 106 is concerned with what the Government would have paid if charged for a trailer’s full capacity anyway. Thus, the GSA argued that the minimum-weight exception allows the GSA to rerate a shipment as if it weighed 45,000 pounds, and then deduct any charges above the carrier’s line-haul rate applied to that 45,000 poundage. Alternatively, the GSA cited ITEM 140 of MFTRP No. 1A (“Item 140”) as a basis for the GSA’s deductions. Item 140 provides that:

[I]n no case shall the charge for any shipment from and to the same point, via the same route of movement, be greater than the charge for a greater quantity of the same commodity in the same shipping form * * *.

In other words, a carrier is prohibited from charging a greater amount to ship a lower quantity than a higher quantity of the same commodity via the same service.

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Cite This Page — Counsel Stack

Bluebook (online)
40 Cont. Cas. Fed. 76,871, 34 Fed. Cl. 634, 1995 U.S. Claims LEXIS 235, 1995 WL 746564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cargo-carriers-inc-v-united-states-uscfc-1995.