Claims are settled on the basis of the contract of carriage as evidenced by the bill of lading, transportation request, or other contractual agreement; the payment record; reports from agencies; information available to the General Services Administration; and the written and documentary record submitted by the claimant. Oral presentations are not acceptable to supplement the written record. Settlements are founded on a determination of the legal liability of the United States under the factual situation disclosed by the record. The burden is on the claimant to establish the liability of the United States and the claimants' right to payment. § 101-41.605 Processing claims. Each claimant is advised of the number assigned to his claim upon its receipt in the General Services Administration. Claimants should withhold inquiries for at least 6 months after receipt of acknowledgments as inquiries merely delay settlement action on the claims. § 101-41.605-2 Processing claims certified for payment. (a) The General Services Administration certifies claims for payment by use of a certificate of settlement, which includes a complete explanation of any amounts disallowed. Such certificates are forwarded to agencies for processing and prompt payment. Where setoff actions are to be taken, agencies shall process the certificates of settlement immediately to preclude the setoff actions being barred by expiration of the statutory time period. (b) The General Services Administration will forward an advance notice of the settlement to the claimant at the time it forwards the certificate to the paying agency. The paying agency shall forward a second copy to the payee with any check issued. Each agency shall keep the General Services Administration (FZAPA) advised of any change of address to which certificates of settlement are to be forwarded. 101-41.605-3 Disallowed claims. When a claim is wholly disallowed, the claimant is furnished a settlement certificate completely explaining the disallowance. One copy of the settlement certificate is furnished to the agency concerned. Subpart 101-41.7-Reconsideration and Review of General Services Administration Transportation Claim Settlements § 101-41.700 Protest to settlement action. A claimant who disagrees with the action taken upon his claim in the transportation audit may write to the Administrator of General Services, General Services Administration (FZA), Chester A. Arthur Building, Washington, DC 20406, requesting reconsideration of such action. Such letter shall set forth in detail the legal, technical, or factual data or such additional information or documentation relied upon by the carrier to raise substantive doubt as to the correctness of the claim settlement. 101-41.701 Review by the Comptroller General of the United States (4 CFR 55). (a) A claimant desiring a review of an action taken by the General Services Administration that constitutes a settlement action may request such review by the Comptroller General of the United States. "Settlement" means any action taken by the General Services Administration in connection with the audit of payments for transportation and related services furnished for the account of the United States that has a dispositive effect, including: (1) Deduction from moneys otherwise due a carrier (or refund by carrier) to adjust asserted transportation overcharges; or (2) Disallowance, either in whole or in part, of a claim or a supplemental bill for charges for transportation and related services; or (3) Any other action that entails finality of administrative consideration. (b) Such request shall be forever barred unless received in the Ge..eral Accounting Office within 6 months (not including time of war) from the date the General Services Administration ac tion was taken or within the periods of limitation specified in 49 U.S.C. 66, whichever is later. The request should be addressed to the Comptroller General of the Uited States, U.S. General Accounting Office, Washington, DC 20548. SUBCHAPTER H-UTILIZATION AND DISPOSAL PART 101-42-PROPERTY REHABILI- Sec. 101-42.303-2 Utilization of DOD-recovered precious metals as Government-furnished material (GFM) in Federal procurements. Subpart 101-42.4-101-42.48 [Reserved] Subpart 101-42.49-Illustrations Scope of subpart. Subpart 101-42.1-Sources of Property Rehabilitation Services [Reserved] General. 101-42.4900 101-42.4901 101-42.100 101-42.101 101-42.4902 Intra-agency survey format for evaluating the recovery potential of activities not now recovering precious metals. Format for annual consolidated report to GSA on activities generating precious metals. AUTHORITY: The provisions of this Part 101-42 issued under sec. 205 (c) 63 Stat. 390; 40 U.S.C. 486 (c). SOURCE: The provisions of this Part 101-42 appear at 34 F.R. 11494, July 11, 1969, unless otherwise noted. § 101-42.000 Scope of part. This part prescribes the policies and procedures governing the use by executive agencies of GSA regional term contracts, Federal Prison Industries, Inc., and Workshops for the Blind and Other Severely Handicapped for the maintenance, repair, rehabilitation, and reclamation of personal property and for the operation of facilities located within the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin Islands performing such services. Military weapons systems, Specialized military support equipment, and specialized technical and scientific equipment are exempt from this part. [41 FR 22268, June 2, 1976] § 101-42.001 Definitions. For the purposes of this Subchapter H the following terms shall have the meanings set forth in this section. [41 FR 22268, June 2, 1976] "Rehabilitation" means the restoration, reconditioning, renovation, or repair of serviceable/unserviceable or operable/inoperable articles to a near new condition. The word "rehabilitation" is also used in a generic sense to encompass services covered by this Part 101-42. [41 FR 22268, June 2, 1976] § 101-42.001-4 Reclamation. "Reclamation" means the recovery from articles of personal property of precious metals or critical materials having intrinsic value. [41 FR 22268, June 2, 1976] Subpart 101-42.1-Sources of Prop. erty Rehabilitation Services GSA regional property rehabilitation organizational elements assist agencies in furthering maximum utilization of personal property by providing maintenance, repair, rehabilitation, and reclamation services. These services are made available through contracts with commercial firms, and through agreements with the National Industries for the Blind and with Federal repair facilities such as those operated by the Federal Prison Industries. The services provided are primarily for domestic application but may be utilized to provide support for foreign assistance programs. (a) The GSA Supply Catalog is published by the Federal Supply Service, GSA, to indicate sources of supply and service provided by GSA for the use of Federal agencies, including property rehabilitation type service contracts. The GSA Supply Catalog is issued in accordance with Subpart 101-30.6. (b) GSA regional Federal Supply Service offices periodically issue bulletins to heads of Federal agencies to provide information concerning GSA service support for the maintenance, repair, rehabilitation, and reclamation of Government-owned personal property. (c) A GSA regional Federal Supply Service office will, upon receipt of a written request from a Federal agency serviced by that office, develop sources of services, evaluate contractor capabilities, and conduct surveys or studies to justify establishing term contracts for services not available at the time the needs arise. [34 FR 11494, July 11, 1969, as amended at 39 FR 44753, Dec. 27, 1974] (a) GSA establishes regional term contracts; prepares and issues regional term contract price schedules on a zonal, regional, or other area basis; and performs contract administration. (b) Agency offices may be placed on a distribution list to receive term contracts in the form of price schedules applicable within specified areas upon request to the GSA regional office administering the contracts. (c) Regional term contract price schedules are published in catalog style and list services available from contractors named therein. Notices of changes in the price schedules are furnished all agency offices receiving the schedules. (d) The price schedules specify that agencies of the Federal Government will, unless excepted, issue purchase orders direct to contractors listed in the schedules; receive and inspect the shipments; and make payments direct to such contractors without referring the transactions to GSA. The price schedules provide for appropriate action in the event of delinquency or default on the part of any contractor. are published, will continue to be in effect until completion of such existing contracts. (b) When an agency determines that services available from an existing term contract price schedule will not fill its required needs, a request to waive the requirement shall be submitted to the GSA regional Federal Supply Service office administering the contract. These requests shall specify the quantities involved, describe the difference between the services required and those listed in the price schedule, and give the reasons why the services will not meet the requirements. Waivers are not required in the case of public exigencies. [34 FR 11494, July 11, 1969, as amended at 39 FR 44753, Dec. 27, 1974] § 101-42.102-2 sions. Optional use provi Each GSA regional term contract price schedule contains provisions whereby, in addition to the agencies included under the primary source provision, all agencies and activities of the Federal Government, including the legislative and judicial branches, and other activities for which GSA is authorized by law to procure, may place orders under such schedules. facilities to determine if it is more economical to use established GSA sources as shown in § 101-42.101. § 101-42.202 Establishment, continuation, or expansion of repair facilities. The establishment, continuation, or expansion of in-house commercial type repair and reclamation facilities shall be governed by the criteria set forth in Office of Management and Budget Circular No. A-76, Revised. [38 FR 3046, Feb. 1, 1973] § 101-42.203 Notifications. (a) Each executive agency shall furnish, if it has not already done so, to the appropriate GSA regional office serving that agency, information as to each Government-owned facility operated by it for the repair, maintenance, rehabilitation, or reclamation of personal property. Such information shall include the type of facility, personnel complement, capability, and geographical area served. Information as to Department of Defense facilities will pertain only to reconditioning or depot maintenance facilities for nonmilitary equipment. (b) Before establishing or substantially expanding facilities for repair, maintenance, rehabilitation, or reclamation of personal property, agencies shall furnish specific details of the proposal to the General Services Administration (FW), Washington, D.C. 20406. The details should include type of facility, personnel complement, capability, and geographical area to be served so that the proposal may be evaluated against existing contracts and facilities. Information regarding Department of Defense facilities will pertain only to reconditioning or depot maintenance facilities. [34 FR 11494, July 11, 1969, as amended at 39 FR 44753, Dec. 27, 1974] Subpart 101–42.3—Recovery of Precious Metals and Critical Materials SOURCE: 40 FR 31225, July 25, 1975, unless otherwise noted. § 101-42.300 Scope of subpart. This subpart prescribes the policy and procedures for recovery of precious metals and critical materials from articles of excess personal property. § 101-42.301 General. GSA has the responsibility for the initiation of Government-wide precious metals and critical materials recovery programs, and for the issuance and administration of applicable contracts, except those issued and administered by the Department of Defense for precious metal recovery and refinement of rations. Situations will occur where, in terms of economy, efficiency, and environmental quality, it is in the best interest of the Government to recover precious metals and critical materials from articles of excess personal property in lieu of other methods of disposal. GSA will determine when Government-wide recovery is appropriate based on the supply-demand factor, the price of the commodity, the cost of recovering the precious metal or critical material, and applicable guidelines or regulations on pollution control, each given proper weight. Precious metals that may be designated for recovery are gold, silver, and metals in the platinum group. Examples of silver-bearing scrap and waste include used photographic fixing (hypo) solution, photographic and X-ray film, silver alloys, and dental scrap. Strategic and critical materials, lists of which may be issued from time to time as provided in § 101-14.106, may also be designated for recovery. § 101-42.301 Guidelines for conduct ing intra-agency surveys. Each agency having activities that generate used hypo solution, scrap film, or other precious metal-bearing scrap, and which has no precious metal recovery program shall periodically survey each such activity to evaluate recovery potential and implement recovery procedures when economically feasible. A copy of the original or updated survey shall be made available upon request to the General Services Administration (FWR), Washington, D.C. 20406. Section 10142.4901 illustrates a suggested format for recording agency surveys. Each agency shall designate an individual to be responsible for coordinating the intraagency surveys, implementing recovery procedures, monitoring the recovery programs, and submitting the consolidated annual report prescribed in § 10142.301-2. § 101-42.301-2 Reporting to GSA. Each agency generating silver or other precious metals (including used hypo solution, scrap film, and other precious metal-bearing scrap) shall submit a consolidated annual report on its precious metal generating activities to the Gen eral Services Administration (FWR), Washington, DC 20406. Reports shall cover the entire fiscal year and be submitted within 45 calendar days after the close of each fiscal year. Section 10142.4902 illustrates a suggested format for the report (Interagency Report Control Number 1529-GSA-AN) to show the number of activities recovering silver from used hypo solution, scrap film, and other silver-bearing scrap; the number of activities recovering other precious metal-bearing scrap; the amounts recovered in terms of troy ounces; the method of recovery or disposal; and the agency estimate of savings for the report period. The first annual report shall be for fiscal year 1976. § 101-42.302 Recovery of silver from used hypo solution and scrap film. Heads of executive agencies shall be responsible for establishing, maintaining, and pursuing a program for silver recovery from used hypo solution and scrap film. § 101-42.302-1 Agency responsibility. Each agency shall consider recovering silver regardless of the quantity of used hypo solution generated. Installation of a silver recovery unit consistent with the quantity of used hypo solution generated or storage of used hypo solution until a processable quantity is obtained are two alternatives. Where an activity generates small quantities and tests show that there is a minimal amount of silver per gallon of solution, arrangements should be made with another activity in the area, which is using a recovery unit, to receive and process its used hypo solution to the extent feasible. When consolidation with other activities is not practicable, and information and assistance with regard to recovery techniques are required, the GSA regional office serving the area or DSA (in accordance with § 101-42.303) should be contacted. If it is determined that the silver cannot be recovered economically by Governmentowned equipment or by a commercial recovery contractor, the solution should be disposed of in accordance with Part 101-45, and in an environmentally acceptable manner. § 101-42.302-2 General guidelines for the recovery of silver from used hypo solution. The basic factors that determine the potential quantity of recoverable silver are: (a) The amount of used hypo solu |