United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-23 U.S. Government Publishing Office 1996-03-15 monographic deposited born digital 7 p. GA 1.13:B-270504 https://www.govinfo.gov/app/details/GAOREPORTS-B-270504 P0b002ee18fd48e9c f:270504 DGPO 2016-06-23 2016-06-23 GAOREPORTS-B-270504 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-270504 B-270504 Comptroller General Decision

1. Protest contention that a contract clause reflecting the statutory mandate of the McCumber Amendment to the Cargo Preference Act of 1904, 10 U.S.C. sec. 2631 (1994)--restricting shippers dealing with the Department of Defense to charges not higher than those charged private persons--is ambiguous is denied where the clause at issue merely establishes a price ceiling for such services, and shifts some of the responsibility for assuring that this ceiling is not breached to the potential offeror, who is in the best position to be aware of its own commercially available tariffs for such services. <p/>2. Liquidated damages provisions in a solicitation are unobjectionable where the record shows that the stated amounts represent a reasonable assessment of the damges to the government due to the contractor's failure to perform, and thus are not punitive, excessive, or otherwise unreasonable. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-270504/html/GAOREPORTS-B-270504.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-270504/pdf/GAOREPORTS-B-270504.pdf GAO/B-270504 https://www.govinfo.gov/app/details/GAOREPORTS-B-270504 Comptroller General Decision GAO/B-270504; Sea-Land Service, Inc.; Title 10 Section 2631 10 U.S.C. 2631