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101-41.606 Effect of GSA claim settlements. 101-41.606-1 Finality of action.

101-41.808-1 New or discontinued agency sta

tions.

Subpart 101-41.7-Reconsideration and Subparts 101-41.9-101-41.48 [Reserved)

Review of General Services Administration Transportation Claim Settle- Subpart 101-41.49-Illustrations of Forms ments

101-41.4900 Scope of subpart. 101-41.700 Protest to settlement action.

101-41.4901 Standard forms. 101-41.701 Review by the Comptroller Gen- 101-41.4301-1103 Standard Form 1103, U.S. eral of the United States.

Government Bill of Lading (Original). 101-41.4901-1103-A Standard Form

Form 1103-A, Subpart 101-41.8-Transportation

U.S. Government Bill of Lading (MemoDisbursement Procedures

randum Copy). 101-41.4901-1103-B Standard

B

Form 1103-B, 101-41.800 Scope and applicability of sub- U.S. Government Bill of Lading (Memopart.

randum Copy-Consignee). 101-41.801 [Reserved]

101-41.4901-1104 Standard Form 1104, U.S. 101-41.802 Standard forms for scheduling

Government Bill of Lading (Shipping transportation vouchers for payment.

Order). 101-41.803 Scheduling procedures.

101-41.4901–1105 Standard Form 1105, U.S. 101-41.803-1 Classification of basic transpor

Government Freight Waybill (Original). tation vouchers for purposes of separate

101-41.4901–1106 Standard Form 1106, U.S. scheduling.

Government Freight Waybill (Carrier's 101-41.804 Preparation of SF 1166 OCR,

Copy). voucher and schedule of payments.

101-41.4901-1109 Standard Form 1109, U.S. 101-41.804–1 Assignment of schedule num

Government Bill of Lading Continuation bers.

Sheet (Original). 101-41.804_2 Listing of items on SF 1166

101-41.4901-1109-A Standard Form 1109-A, OCR.

U.S. Government Bill of Lading Continu101-41.804-3 Combining payments due a sin

ation Sheet (Memorandum Copy). gle payee.

101-41.4901-1109-B Standard Form

1109-B, 101-41.8044 Name and address space.

U.S. Government Bill of Lading Continu101-41.804-5 Amount column.

ation Sheet (Memorandum Copy-Con101-41.804–6 Appropriation summary block.

signee). 101-41.805 Scheduling specific types of

101-41.4901–1110 Standard Form 1110, U.S. transportation vouchers.

Government Bill of Lading Continuation 101-41.805-1 No-check vouchers.

Sheet (Shipping Order). 101-41.805–2 Deductions from disbursement

101-41.4901-1111 Standard Form 1111, U.S. vouchers.

Government Freight Waybill Continu101-41.805-3 Vouchers payable in foreign

ation Sheet (Original). currency.

101-41.4901-1112 Standard Form 1112, U.S. 101-41.8054 Certificate of settlement issued

Government Freight Waybill Continuby the General Services Administration.

ation Sheet (Carrier's Copy). 101-41.806 Processing of SF 1166 OCR.

101-41.4901-1113 Standard Form 1113, Public 101-41.806-1 Makeup and initial distribution

Voucher for Transportation Charges of forms.

(Original). 101-41.806-2 Information to be furnished by

101-41.4901–1113-A Standard Form 1113-A, the disbursing office.

Public Voucher for Transportation 101-41.8063 Disposition of forms after pay

Charges (Memorandum Copy). ment. 101-41.807 Identification and submission of

101-41.4901-1169 Standard Form 1169, U.S.

Government transportation vouchers and supporting

Transportation Request documents to GSA.

(Original). 101-41.807-1 Identification of basic transpor

101-41.4901-1169-A Standard Form 1169-A, tation payment documents.

U.S. Government Transportation Re101-41.807-2 Submission of transportation

quest (Memorandum Copy). vouchers.

101-41.4901-1170 Standard Form 1170, Re101-41.807-3 Transportation vouchers with

demption of Unused Tickets. held or delayed.

101-41.4901-1170-1 Standard Form 1170-EDP 101-41.807-4 Submission of paid freight bills/

(Electronic Data Processing), Redempinvoices, commercial bills of lading, pas

tion of Unused Tickets (computer-gensenger coupons, and supporting docu

erated). mentation covering transportation serv

101-41.4901-1186 Standard Form 1186, Transices by contracts under a cost-reimburse- mittal for Transportation Schedules and ment contract.

Related Basic Documents. 101-41.808 Agency stations.

§ 101-41.001 Applicability of part.

The provisions of this part are applicable to all agencies whose payments for transportation services are subject to audit as provided by section 322 of the Transportation Act of 1940, as amended (31 U.S.C. 3726).

(31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c)

(46 FR 42661, Aug. 24, 1981, as amended at 48 FR 27725, June 17, 1983]

§ 101-41.002 Definitions.

101-41.4901–1200 Standard Form 1200, Gov

ernment Bill of Lading Correction No

tice. 101-41.4901–1203 Standard Form 1203, U.S.

Government Bill of Lading-Privately

Owned Personal Property (Original). 101-41.4901–1203-A Standard Form 1203-A,

U.S. Government Bill of Lading--Privately owned Personal Property (Memo

randum Copy). 101-41.4901-1203-B Standard Form 1203-B,

U.S. Government Bill of Lading—Privately owned Personal Property (Memo

randum Copy-Consignee). 101-41.4901–1204 Standard Form 1204, U.S.

Government Bill of Lading-Privately
Owned Personal Property (Shipping

Order). 101-41.4901–1205 Standard Form 1205, U.S.

Government Freight Waybill—Privately

Owned Personal Property (Original). 101-41.4902 GSA forms. 101-41.4902–7931 GSA Form 7931, Certificate

of Settlement (Original) 101-41.4902–7931-1 GSA Form 7931, Certifi

cate of Settlement (Claimant's Notice). 101-41.4902-7931-2 GSA Form 7931, Certifi

cate of Settlement (Claimant's Notice in

Advance of Payment). 101-41.4902–7932 GSA Form 7932, Settlement

Certificate. 101-41.4902-7933 GSA Form 7933, Certificate

of Settlement Transmittal.

(a) Agency, as used in this part 101-41, means any department, agency, or establishment of the United States Government whose payments for transportation services are subject to the transportation audit provisions of section 322 of the Transportation Act of 1940, as amended (31 U.S.C. 3726).

(b) Carrier means any carrier or forwarder, or duly authorized agent of either, subject to the provisions of section 322 of the Transportation Act of 1940, as amended (31 U.S.C. 3726), offering to provide transportation services for the account of the United States. (c) Electronic data interchange (EDI)

the electronic exchange of transportation information by means of electronic transmission of the information in lieu of the creation of a paper document.

(d) Signature, in the case of an EDI transmission, means a discreet authenticating code intended to bind parties to the terms and conditions of a contract.

means

AUTHORITY: 31 U.S.C. 3726, and 40 U.S.C. 486(c).

SOURCE: 42 FR 36672, July 15, 1977, unless otherwise noted.

(31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c))

(46 FR 42661, Aug. 24, 1981, as amended at 48 FR 27725, June 17, 1983; 54 FR 15941, Apr. 20, 1989]

$ 101-41.000 Scope of part.

This part sets forth policies and procedures governing the documentation and audit of payments for domestic and foreign freight and passenger transportation services furnished for the account of the United States; provides for uniformity in the procurement of and payment for such services; and furnishes information and guidance to agencies, to common and contract carriers and forwarders as defined in 8 101– 41.002, and to all others concerned. It continues those regulations and other information formerly in title 4 CFR Subchapter D-Transportation, amended, pertinent to the transportation audit function for which relocation has been authorized by Pub. L. 93– 604, 88 Stat. 1959, approved January 2, 1975.

$ 101-41.003 Exceptions to regulations.

Exceptions to the regulations in this part 101-41 shall be granted only by the Administrator of General Services or his designee. Requests for exceptions shall be made in writing to the General Services Administration (BW), Washington, DC 20405. A copy of the authorizing statement for each deviation, including the nature of the deviation, the reasons for such special action, and the Administrator's approval, will be made

as

available for public inspection in accordance with subpart 105-60.3 of this title.

cilities available to locate, identify, and reproduce the records in readable form without loss of clarity.

(b) The transmission of records between the agency, the carrier, and the General Services Administration may be in an electronic media.

(31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c))

(46 FR 42661, Aug. 24, 1981, as amended at 48 FR 27726, June 17, 1983]

(54 FR 15941, Apr. 20, 1989)

$ 101-41.004 Agency implementation.

(a) Agencies shall issue new or revise existing regulations and procedures to conform to the provisions of this part 101-41 and shall forward two copies of such new or revised regulations and procedures to the General Services Administration (BWCP), Washington, DC 20405.

(b) Government corporations may adopt all or part of the provisions of this part 101-41 only if advance notice of the extent of adoption and of the effective date of adoption is sent to the address shown in paragraph (a) of this section.

8 101-41.007 EDI policy.

When mutually agreeable to the procuring agency and the participating carrier, authorization is granted to use EDI for the procurement of transportation services, provided that there are sufficient procedures to safeguard the integrity of the billing and payment process. An authenticating signature will be used in each transaction as the equivalent of a signature to certify receipt, delivery of goods, and that the bill accurately reflects the services provided and that the carrier charged the lowest charges available for the service. Each carrier must also provide a sec. 10721 quotation or present a unilateral ordering agreement to GSA or other agency of the Government that is establishing an EDI program, binding the carrier to all the requirements of part 101-41 with the exception of the forms being used. EDI standards are prescribed in $ 101-41.104.

(31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c))

[42 FR 36672, July 15, 1977, as amended at 46 FR 42661, Aug. 24, 1981; 48 FR 27726, June 17, 1983)

§ 101-41.005 Forms.

Certain GSA and Standard forms required by the procedures governing the documentation and audit of payments for transportation services furnished for the account of the United States are illustrated in subpart 101-41.49.

(54 FR 15941, Apr. 19, 1989)

Subpart 101-41.1-General

8 101-41.006 Electronic data inter

change (EDI) records. (a) For the purposes of EDI only, a paper or microform record need not be created to satisfy the requiements of this part if the record is initially prepared in a coordinated electronic exchange medium. Each record kept in such a coordinated medium shall be accompanied by a statement clearly indicating the type of data included in the record and certifying that the information contained in it has been accurately duplicated. This statement shall be executed by the person duplicating the records. The records shall be indexed and retained in such a manner that they are easily accessible and the carrier or the agency shall have the fa

101-41.100 Scope of subpart.

This subpart provides guidance concerning the audit of transportation payments. The provisions shall be enforced and implemented by each head of an agency who has been delegated authority by the Administrator of General Services to perform, as his designee, the audit for which the General Services Administration has responsibility under 31 U.S.C. 3726, as amended, consistent with the delegation.

(31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c))

[46 FR 42661, Aug. 24, 1981, as amended at 48 FR 27725, June 17, 1983]

8 101-41.101 Examination of payments,

settlement of claims, and review of

requirements. Section 322 of the Transportation Act of 1940, as amended (31 U.S.C. 3726), permits transportation bills to be paid prior to audit by the Administrator of General Services or his/her designee in accordance with regulations that the Administrator shall prescribe.

(a) The authority vested in the Administrator of General Services by 31 U.S.C. 3726, as amended, enables the Administrator, or his/her designee, to:

(1) Audit selected transportation bills prior to payment;

(2) Examine, settle, and adjust accounts involving payment for transportation and related services for the account of the United States;

(3) Adjudicate and settle transportation claims by and against the United States;

(4) Deduct the amount of any overcharge by any carrier or forwarder from any amount subsequently found to be due such carrier or forwarder; and

(5) Delegate any authority conferred on the Administrator to another agency or agencies if the Administrator determines that such a delegation would be cost-effective, accurate, timely, or otherwise in the public interest.

(b) The Administrator of General Services, or his designee, will exercise such authority subject to:

(1) The direction of the President;

(2) Fiscal and policy control of the Office of Management and Budget; and

(3) Decisions of the Comptroller General of the United States resulting from Federal agency or common and contract carrier appeals involving disputed claims by and against the United States or issued under the authority vested in the Comptroller General by the Budget and Accounting Act of 1921, as amended (31 U.S.C. 702), and the ACcounting and Auditing Act of 1950, as amended (31 U.S.C. 3511). (31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(C))

, [42 FR 36672, July 15, 1977, as amended at 46 FR 42661, Aug. 24, 1981; 48 FR 27725, June 17, 1983; 53 FR 25165, July 5, 1988)

utory authority therefor, the Administrator of General Services or his designee is responsible for and will accomplish the functions set forth in paragraphs (a) (1) through (9) of this section.

(1) Examine and analyze payments for freight and passenger transportation services furnished for the account of the United States to determine their validity, propriety, and conformity with tariffs, quotations, agreements, or tenders and make adjustments to protect the interests of the United States;

(2) Examine, adjudicate, and settle transportation claims by and against the United States;

(3) Collect from carriers by refund, setoff, or other means, amounts determined to be due the United States;

(4) Compromise, terminate, or suspend debts due on transportation overcharges;

(5) Prepare reports to the Attorney General of the United States setting forth recommendations regarding the legal and technical bases available for use in prosecuting or defending suits by or against the United States and provide technical, fiscal, and factual data from records relative thereto;

(6) Provide transportation specialists and lawyers to serve as expert witnesses, to assist in pretrial conferences, to draft pleadings, orders, and briefs, and to participate as requested in connection with transportation suits by or against the United States;

(7) Review agency policies, programs, and procedures to determine their adequacy and effectiveness insofar as they relate to the audit of freight and passenger transportation payments, and review related fiscal and transportation practices;

(8) Furnish information on rates, fares, routes, and related technical data to agencies upon request; and

(9) Inform agencies of irregular shipping and routing practices, inadequate commodity descriptions, excessive transportation cost authorizations, and unsound principles employed in traffic and transportation management.

(b) In carrying out the foregoing functions, a designee head of an agency, acting in substance as GSA's audit surrogate, shall forward direct to the

g 10141.102 GSA responsibilities and

functions. (a) With respect to the audit of transportation payments and under the stat

General Accounting Office (GAO) matters for consideration by the Comptroller General of the United States or by a division of the GAO or shall forward direct to the Department of Justice matters for its consideration of collection action, litigation, and related proceedings, as prescribed in 4 CFR part 105. A claimant who disagrees with the settlement of his claim by GSA's audit surrogate may request reconsideration by the agency head or review by the Comptroller General of the United States in accordance with the guidelines set forth in subpart 101-41.7. These matters need not be forwarded through GSA.

(c) GSA also makes technical examinations of payments to and claims by or against carriers for transportation services procured on commercial or Government documentation by certain Government agencies and corporations exempted from submitting transportation payment documents for centralized audit.

(d) GSA, independently or in cooperation with other agencies, will confer with individual carriers or carrier groups and associations representing specific modes of transportation to resolve mutual problems concerning technical and accounting matters and to acquaint them with the requirements of the Federal Government.

(e) Carrier accounting and traffic officials are welcome to visit the GSA transportation audit facilities to dis

transportation audit matters. These facilities are located in the GS Building, 18th and F Sts., NW, Washington, DC. The mailing address is General Services Administration (BW), Washington, DC 20405. Notice of an intended visit and, when necessary, an outline or a list of subjects for discussion should be furnished in advance so that necessary internal arrangements can be made and the required records assembled. (31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c)) [42 FR 36672, July 15, 1977, as amended at 46 FR 42661, Aug. 24, 1981; 48 FR 27726, June 17, 1983)

$ 101-41.103 Procedures, conditions,

and limitations relevant to the delegation of authority to perform prepayment audits of selected trans

portation bills. (a) Except for the authority exercised by GSA in $ 101-41.103(i), requests for a delegation of authority from the Administrator of General Services to conduct prepayment audits shall be accompanied by a specific and complete description of the organization to perform the audit and the manner whereby the audit will be conducted. Such requests shall demonstrate cost-effectiveness or other public benefits.

(b) Prepayment audits by GSA's Office of Transportation Audits on behalf of itself and/or other agencies, need not be approved by the Administrator because the authority to conduct prepayment audits is already provided by law.

(c) Each request shall include a detailed model of the audit process from receipt of carrier bills to disbursement and the subsequent submission of paid vouchers to GSA for postpayment audit.

(d) The requester shall demonstrate the capability not only to complete an accurate audit within 15 calendar days of receipt of a carrier's bill, but also evidence the ability to generate an accurate notice to the carrier which specifically describes the reason for any full or partial rejection of the carrier's charges, citing the rate authority applicable thereto.

(e) The request shall contain a mechanism to report savings, on a semiannual basis and in a manner acceptable to GSA, accomplished by identifying overcharges/overbillings, or other savings indicating the program is costeffective or otherwise in the public interest.

(f) Public notice of delegated authorities will be effected by publication in the FEDERAL REGISTER notices section. Such notices will specify the Government department/agency whose bills are subject to such audit and the organization or command; i.e., the activity which will conduct such audits.

(8) Authority delegated in accordance with this section is subject to

cuss

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