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(2) For passenger transportation, the reasons when notified by GSA or any proper ticket, coupon, or equivalent other interested Government agency; document covering the involved service (d) Payees who without good cause has been furnished by the carrier in ex- fail to make timely disposition or setchange for the GTR.

tlement of loss or damage or other (e) For the purposes of determining

claims asserted by agencies of the whether interest penalties under the

United States; Prompt Payment Act, 31 U.S.C. 1801,

(e) Payees owing substantial sums of are due, the date on which payment is

money to the United States for which due is 30 days after receipt of a proper

no adequate arrangements for settlecarrier bill or claim.

ment have been made; (31 US.C. 952, 31 U.S.C. 3726, 31 U.S.C. 1801, (f) Payees in such bad financial conand 40 U.S.C. 486(c))

dition as to justify a determination (46 FR 42665, Aug. 24, 1981, as amended at 48 that the Government's best interests FR 27725, June 17, 1983; 48 FR 35650, Aug. 5,

require consideration of special pay1983; 50 FR 30709, July 29, 1985; 53 FR 25166,

ment rules for their account; July 5, 1988]

(g) Payees who do business with the § 101-41.402 Payment prior to Govern- United States infrequently and who

ment confirmation of satisfactory previously have not been administraservice.

tively approved for payment upon pres

entation of bills; or § 10141.402–1 Joint standards for ad. vance payment of charges for trans

(h) Any other person or business orportation services.

ganization determined administraStandards issued jointly by the

tively for valid reasons to be ineligible Comptroller General of the United

for payment, unless, after review of the States and the Secretary of the Treas

facts and in the absence of objection by ury (4 CFR part 56) under the authority

the U.S. General Accounting Office, it of 31 U.S.C. 3726(c) prescribe the pay

is determined administratively that ment of carrier or forwarder charges

the best interests of the United States for transportation services in advance will not be jeopardized by such payof completion of service subject to lim- ment. itations prescribed by the Adminis

(31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c)) trator of General Services or his designee: Provided, the carrier or for

[42 FR 36672, July 15, 1977, as amended at 46 warder has issued the usual ticket, re

FR 42666, Aug. 24, 1981; 48 FR 27725, June 17, ceipt, bill of lading, or equivalent docu

1983] ment covering the service involved. The joint standards also place respon- $ 101-41.402-2 Limitations on advance sibility upon each agency that adopts payment of charges for transporprocedures for the payment of charges

tation services. for transportation services prior to

The payment of charges in advance of Government confirmation of the satis

completion of service is authorized for: factory completion of such services to

(a) Passenger transportation services ensure that advance payments are not

procured through the use of cash as set made to: (a) An assignee bank or financial in

forth in $ 101–41.203–2; and stitution under the authority of 31

(b) Freight transportation services U.S.C. 3727 and 41 U.S.C. 15;

procured through the use of commer(b) Payees who are in bankruptcy

cial forms and procedures as set forth proceedings or are subject to the con- in $101-41-304–2. trol of a receiver, trustee, or other

(31 U.S.C. 3726, 31 U.S.C. 1801, and 40 U.S.C. similar representative;

486(c)) (c) Payees who consistently fail to refund overcharges without assertion

[42 FR 36672, July 15, 1977, as amended at 48 FR 35650, Aug. 5, 1983)

of substantial defense or other valid

Subpart 101-41.5-Claims by the

United States Relating to
Transportation Services

§ 101-41.500 Scope and applicability of

subpart. This subpart sets forth procedures applicable to the assertion of claims by the United States that arise our of freight and passenger transportation services furnished for the account of the United States, the consideration and disposition of protests thereto, the collection of claims by administrative offset and by other means, the imposition of interest, penalties, and the disposition of amounts collected.

(50 FR 49847, Dec. 5, 1985]

§ 101-41.501 Definitions.

(a) The term overcharges as used herein means charges for transportation services in excess of those applicable thereto under tariffs lawfully on file with Federal or State transportation regulatory agencies, and charges in excess of those applicable thereto under rates, fares, and charges established pursuant to section 10721 of the Revised Interstate Commerce Act, as amended (49 U.S.C. 10721), or other equivalent contract, arrangement, or exemption from regulation.

(b) The term ordinary debt as used herein means any administratively determined transportation-related debt other than an overcharge. Ordinary debts include, but are not limited to, payments for transportation services ordered and not furnished duplicate payments, and those involving loss and/or damage to property transported by carriers.

(c) The term claim as used herein means any demand by the United States for the payment of overcharges, ordinary debts, fines, civil penalties, special charges, or interest.

be forwarded to the General Services Administration (BWAA/C), Washington, DC 20405, for audit. For the purpose of determining whether a claim exists, GSA will consider:

(1) The document ordering the services furnished to determine the contractual basis upon which the rights of the Government and the carrier are based;

(ii) The pertinent tariffs, special or reduced rate quotations, contracts, or agreements, to determine the proper charge for the services rendered;

(iii) Decisions of the courts, regulatory bodies, and the Comptroller General affecting the rates, fares, and charges; and

(iv) Information furnished by transportation officers, travelers, or agencies.

(2) The General Services Administration is obligated to honor a carrier bill for charges properly due. However, GSA has a concurrent responsibility to question or disapprove that part of a payment to a carrier which is found to be illegal or mathematically incorrect or which is not accompanied by documented support establishing an obligation of the United States.

(b) Notice of overcharge. (1) A GSA notice of overcharge is issued when it is determined that a carrier has been paid a sum in excess of that proper for the services rendered. This notice, which states a debt owned to the United States, sets forth; the amount paid; the basis for the proper charge for each Government bill of lading or Government transportation request; and cites applicable tariff references and other data relied upon to support the statement of difference. A separate notice of overcharge is stated for each Government bill of lading or Government transportation request and mailed to the billing carrier.

(2) If the GBL or the GTR contains a contract provision relating to the assessment of interest, then interest shall be charged under the contract terms thereof. If neither contains such a provision, then interest shall be assessed under the Debt Collection Act (31 U.S.C. 3717) and the Federal Claims Collection Standards, 4 CFR parts 101– 105, and regulations published in 41 CFR parts 105-55.

(50 FR 49847, Dec. 5, 1985)

§ 10141.502 Examination of payments

and initiation of collection action

and assertion of claims. (a) Examination of payments. (1) Carrier bills and supporting documents that represent payments made by agency disbursing officers for freight and passenger transportation services shall

(c) Notice of indebtedness. A GSA notice of indebtedness is issued when it is determined that an ordinary debt is due the United States. This notice sets forth the basis for the debt, the debtor's rights, interest, penalty and other consequences of nonpayment. The debt is due immediately. Interest accrues 30 calendar days after the mailing of the notice of indebtedness and is subject to interest charges, penalties and administrative costs as prescribed by 31 U.S.C. 3717.

(50 FR 49848, Dec. 5, 1985]

8 101-41.503 Refunds and/or protests to

claims. (a) Carriers are requested to promptly refund amounts due the United States. Checks shall be made payable to the “General Services Administration" and mailed to the General Services Administration (BWCA), Washington, DC 20405.

(b) A carrier that disagrees with a claim may protest by letter to the General Services Administration (BWCA), Washington, DC 20405. Since each claim is processed as a separate account receivable, the carrier shall use a separate letter for each claim being protested. The carrier shall present the basis for its protest and submit either the original or a legible copy of all documents substantiating its position. If the carrier believes that an amount less than that claimed is due, it should submit a check for the amount due, together with a full explanation of the reasons for believing the balance is not due. With reference to an ordinary debt, which is the subject of a notice of indebtedness, the carrier may: Inspect and copy the Government's records related to the claim; seek review by GSA of the claim decision; and/or enter into a written agreement for the payment of the claim. GSA will acknowledge receipt of each letter containing a substantive protest and upon completion of consideration will notify the carrier whether the claim has been sustained, amended, or canceled. Repetitious letters of protest will not serve to preclude the collection of claims found due.

8 101-41.504 Collection action by other

means. When a carrier fails to pay or protest a claim and GSA determines that the amount is still due the United States, GSA will effect collection by other means, as set forth in paragraphs (a) through (d) of this section.

(a) When GSA has an indebted carrier's claim against the Government on hand for direct settlement, GSA will apply all or any portion of the amount determined to be due the carrier to the Government's outstanding claim, in accordance with the Federal Claims Collection Act.

(b) When the action outlined in paragraph (a) of this section cannot be taken, GSA will instruct one or more Government disbursing offices to deduct the amount due the United States from an unpaid carrier's bill. A 3-year limitation applies on the deduction of overcharges from amounts due a carrier or forwarder (31 U.S.C. 3726); and, a 10-year limitation applies on the deduction of ordinary debts (31 U.S.C. 3716).

(c) When collection cannot be effected through either of the above procedures, GSA normally sends two additional demand letters to the indebted carrier requesting payment of the amount due within a specified time. Lacking satisfactory response, GSA may place a complete stop order against amounts otherwise payable to the indebted carrier by placing the name of that carrier on the Department of the Army "List of Contractors Indebted to the United States."

(d) When actions to effect collection, as stated in the preceding paragraphs (a) through (c), are unsuccessful, GSA may report the debt to the Department of Justice for collection, litigation, and related proceedings, as prescribed in 4 CFR part 105.

(50 FR 49848, Dec. 5, 1985)

§ 101-41.505 Deposition of collections.

(a) Amounts collected by GSA to liquidate debts asserted in the audit of transportation accounts are generally deposited in the Treasury of the United States as a credit to the appropriation or fund accounts against which the original payments were charged. When

[50 FR 49848, Dec. 5, 1985)

) ,

the accounts are not readily identifiable on the basic procurement documents, the collected amounts are deposited to miscellaneous receipts. Collections identified with certain Department of Defense activities are deposited to the appropriate military management fund rather than to the account from which the original payment was made.

(b) GSA informs agencies of the amounts and account symbol numbers when collections are credited to the original payment appropriations or funds or to the military management fund but does not inform agencies of collections deposited to miscellaneous receipts. GSA records credits by account symbol numbers only to the basic appropriation level and requires no explanation by agencies regarding subsequent expenditure of the credited moneys. .

[42 FR 36672, July 15, 1977, as amended at 50 FR 49848, Dec. 5, 1985]

accounts arising from the payment for domestic and foreign freight and passenger transportation services furnished for the account of the United States under the provisions of 31 U.S.C. 3726 without regard to monetary limitations. He/she initiates actions on claims arising from his/her audit and settlement activities.

(d) Whenever feasible, debts owed to the United States, together with interest, administrative charges and penalty charges, should be collected in full. If the debtor requests installment payments, the Director, Office of Transportation Audits, shall determine the financial hardship of the debtor and may arrange installment payments.

(e) All liquidated or certain claims (those upon which all audit procedures under 31 U.S.C. 3726 have been completed) over $20,000, exclusive of interest, penalties and administrative charges which cannot be collected, shall be referred to the Department of Justice.

(f) The Director, Office of Transportation Audits, may terminate collection action on, or settle by compromise at less than the principal amount liquidated or certain claims not exceeding $20,000 exclusive of interest, penalties and administrative charges if:

(1) The debtor shows an inability to pay the full amount within a reasonable time;

(2) Complete collection is not enforceable within a reasonable time;

(3) The amount of the claim does not justify the foreseeable collection cost; or

(4) There are uncertain litigative probabilities.

(g) The Director, Office of Transportation Audits, shall prescribe internal regulations for the guidance of GSA personnel collecting claims arising from the audit of transportation accounts.

[graphic]

§ 101-41.506 Transportation debts ad

ministratively determined to be due

the United States, (a) Under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711, et seq.), the Comptroller General and the Attorney General have joint responsibility for promulgating standards for the collection, compromise, termination or suspension of collection action on any debts determined to be due the United States. Regulations defining agency responsibilities for collecting amounts determined to be due the United States, establishing principles governing agency collection procedures for reporting uncollectible debts to the General Accounting Office (GAO) or the Department of Justice, are found in 4 CFR parts 101 through 105 and in the GAO Policy and Procedures Manual for Guidance of Federal Agencies.

(b) Agencies shall refer all administratively determined transportation debts involving loss and/or damage to property to: Claims Group, Accounting and Financial Management Division, U.S. General Accounting Office, Washington, DC 20548.

(c) The Director, Office of Transportation Audits, has the authority and responsibility to audit and settle all

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

(46 FR 42666, Aug. 24, 1981, as amended at 50 FR 49849, Dec. 5, 1985)

$ 101-41.507 Disclosure to consumer

reporting agencies and referrals to

collection agencies. GSA may disclose delinquent debts to consumer reporting agencies and

may refer delinquent debts to debt col- equivalent contract, arrangements, or lection agencies under provisions of the exemption from regulation. Federal Claims Collection Act, and (b) A claim must be received by GSA $ 105–55.010 of these Regulations.

or its designee (the agency out of

whose activities the claim arose) with(50 FR 49849, Dec. 5, 1985)

in 3 years (not including any time of Subpart 101-41.6-Claims Against following dates:

war) from whichever is the latest of the the United States Relating to

(1) Accrual of the cause of action Transportation Services

thereon;

(2) Payment of charges for the trans§ 101-41.600 Scope and applicability of

portation involved; subpart.

(3) Subsequent refund for overpayThis subpart sets forth procedures ment of such charges; or applicable to the presentation, settle- (4) Deduction made under 31 U.S.C. ment, reconsideration, and review of

3726, as amended. claims against the United States relat

(c) Each claim of a carrier or foring to freight and passenger transpor

warder, whether filed with GSA or with tation services, and implementation of

its designee (the agency out of whose the Prompt Payment Act, 31 U.S.C.

activities the transaction arose), must 1801.

be clearly stamped with the month, (31 U.S.C. 3726, 31 U.S.C. 1801, and 40 U.S.C.

day, and year of receipt by GSA or the 486(c))

designee agency so that there will be (48 FR 35650, Aug. 5, 1983]

no question regarding the filing date

when the determination of compliance § 101 41.601 Definition.

with the 3-year limitation imposed

thereon by 31 U.S.C. 3726 is made and The word claims as used in this sub

for the purposes of the Prompt Paypart includes:

ment Act. (a) Requests by claimants for amounts not included in the original

(d) For the purposes of determining

whether interest penalties under the billing; (b) Requests by claimants

Prompt Payment Act are due, the date

for amounts deducted or set off by the

on which payment is due is 30 days Government;

after receipt of a proper carrier bill or

claim. (c) Requests by claimants for amounts previously refunded by car- (31 U.S.C. 952, 31 U.S.C. 3726, 31 U.S.C. 1801,

, , riers; or

and 40 U.S.C. 486(c)) (d) Unpaid original bills requiring di

[42 FR 36672, July 15, 1977, as amended at 46 rect settlement by GSA, including

FR 42666, Aug. 24, 1981; 48 FR 27725, June 17, those subject to doubt regarding the 1983; 48 FR 35650, Aug. 5, 1983) propriety of payment.

$ 101-41.603 Presentation of claims. § 101-41.602 Statutory limitations filing of claims.

8 101-41.603–1 Filing requirements for

claimants. (a) 31 U.S.C. 3726, as amended, imposes a limitation, generally 3-years, Claims shall be presented in writing: on the filing of claims cognizable by (a) Over the bona fide signature of GSA when such claims involve charges

the individual claimant or the claimfor transportation within the purview ant carrier's authorized official; or of 31 U.S.C. 3726, as amended. Claims in (b) Over the signature of the claimthis category are those which involve ant's agent or attorney accompanied transportation charges based on tariffs by a duly executed power of attorney lawfully on file with Federal and State or other documentary evidence of the transportation regulatory agencies or agent's or attorney's right to act for which involve rates, fares, and charges the claimant. established under section 10721 of the Revised Interstate Commerce Act, (49

§ 101-41.603–2 Form of claims. U.S.C. 10721), formerly section 22 of the (a) Charges claimed for passenger or Interstate Commerce Act, or other freight transportation services shall be

on

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