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quest, or other contractual agreement; the payment record; reports and information available to GSA and/or to the agency out of whose activities the transaction arose; and the written and documentary record submitted by the claimant.

Oral presentations supplementing the written record are not acceptable.

(b) 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 claimant's right to payment. Clear and detailed documentation by the claimant is essential to the claim settlement; bare assertions or conclusions are not acceptable.

billed on Standard Form 1113, Public Voucher for Transportation Charges, in the manner prescribed in $$ 101-41.214 and 101-41.310. Those claims for an amount in addition to that originally paid to the carrier for the same service, or for an amount collected by GSA or by another agency shall be presented on SF 1113 in the form of a supplemental bill (claim) bearing the same number as the original bill but with an alphabetical suffix. An alphabetical sequence of suffixes shall be used for any additional supplemental bills. Each supplemental bill (claim) for freight transportation services shall be accompanied by a copy of the GBL ordering the service and a copy of the original voucher which was submitted by the linehaul carrier. Generally only one supplemental bill shall be presented for all supplemental charges relating to the items paid on the original bill.

(b) Each supplemental bill shall cover charges relating to bills of lading or transportation requests paid on one original bill. However, if supplemental bills (claims) arise from asserted retroactive increases in charges or from currency fluctuations, GSA (BW) will consider a carrier's written request for the single billing of such charges applicable to multiple original bills, if such request bears the concurrence of the agency's paying office.

(c) Claims supplemental to passenger transportation charges previously paid under the automatic payment system set forth in $ 101-41.206 shall show the GTR number, ticket number, and period under which the original charges were paid.

g 101-41.603-4 Where to file transpor

tation claims. (a) Claims involving collection actions resulting from the transportation audit performed by the General Services Administration must be filed directly with GSA (BWCA). Any claims so submitted to GSA will be considered "disputed claims" under section 4(b) of the Prompt Payment Act. All other transportation claims generally shall be filed with the agency out of whose activities they arose; if that is not feasible (e.g. where the responsible agency cannot be determined or is no longer in existence) they may be sent to GSA (BWCA) for forwarding to the responsible agency or for direct settlement by GSA's transportation audit office. Claims for GSA processing shall be addressed to the General Services Administration (BWCA), Washington, DC 20405.

(b) A claimant who disagrees with the action taken on his claim by the agency's payment office may request reconsideration or review of that action, provided he meets applicable time limitations. (See § 101-41.602 of this subpart and subpart 101-41.7 of this part.) The levels for progression of claims not disposed of to the satisfaction of the claimant are as shown in the following table:

(31 U.S.C. 952, 31 U.S.C. 3726, 31 U.S.C. 1801, and 40 U.S.C. 486(c))

(42 FR 36672, July 15, 1977; 42 FR 41129, Aug. 15, 1977, as amended at 46 FR 42666, Aug. 24, 1981; 48 FR 27726, June 17, 1983; 48 FR 35650, Aug. 5, 1983)

8 101-41.603-3 Documentation

required for claim settlements. (a) A claim is settled on the basis of the contract of carriage as evidenced by the bill of lading, transportation re

179-165 0-98-17

Progressive Steps Available to Claimants Requesting Reconsideration or Review of Disputed

Claims

Disputed claims in

volving

Applicable to disputed claims

filed with

Agency action for reconsideration

by

Agency dispositive action for re

consideration or review by

Deductions for loss Agencies out of whose activities Claims Group, Accounting and Comptroller General of the or damage to the claims arose.

Financial Management Divi- United States.2 property.

sion, U.S. General Accounting

Office 1.
Other than loss or Agencies delegated authority to Head of agency delegated au- Do.

damage to prop- perform audit as GSA's des- thority.
erty.

ignee. (See note.). Agencies not delegated authority General Services Administration Administrator of General Servto perform audit as GSA's des- (BWA) 3

ices or Comptroller General ignee.

of the United States.2 NOTE: Authority to audit transportation bills was delegated effective Oct. 12, 1975, to the Department of State for bills paid at overseas offices and to the Department of Defense for bills paid at certain overseas offices and for bills paid by the Military Airlift Command for contract airlift services. Mailing addresses for those specifically named above as responsible for the reconsideration or review of transportation claims upon request of claimants are:

Claims Group, Accounting and Financial Management Division, U.S. General Accounting Office, Washington, DC 20548. 2 Comptroller General of the United States, U.S. General Accounting Office, Washington, DC 20548. 3 General Services Administration (BWCA), Washington, DC 20405. * Administrator of General Services, General Services Administration (BW), Washington, DC 20405.

(31 U.S.C. 952, 31 U.S.C. 1801; 31 U.S.C. 3726, 31 U.S.C. 1801, 40 U.S.C. 486(c)) (46 FR 42667, Aug. 24, 1981, as amended at 48 FR 27726, June 17, 1983; 48 FR 35650, Aug. 5, 1983)

g 101-41.604 Payment of transportation

claims.

to GSA (BWAA/C) separately from other paid transportation documents submitted for audit.

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

[47 FR 33960, Aug. 5, 1982, as amended at 48 FR 27726, June 17, 1983; 53 FR 25166, July 5, 1988)

g 101-41.604-1 Transportation claims

payable by agencies. Unless GSA'S Office of Transportation Audits determines that a prepayment audit is necessary under 41 CFR 101-41.103(i), each agency or department shall pay any properly documented bill (claim) for freight or passenger transportation charges that is not excepted by the provisions of $ 101– 41.604–2 provided the following guidelines are observed:

(a) The agency shall annotate each paid claim, other than a bill for air excess baggage charges, with the payment record on the related procuring Government bill of lading (GBL) or Government transportation request (GTR) including Disbursing Office (DO) voucher number, bureau voucher number, date of payment, and DO symbol number.

(b) The agency shall make an administrative examination of each claim to ensure that it is not a duplicate billing of a previous payment and that it is properly supported, presented in the name of the carrier to which the original charges were paid, and in agreement with agency records concerning the amount previously paid.

(c) Claims paid in accordance with this $ 101-41.604-1 shall be transmitted

8 101-41.604–2 Transportation claims

not payable by agencies. (a) Agencies shall not pay supplemental claims for amounts which have been administratively deducted from transportation payment vouchers in connection with loss and/or damage to property but shall forward such claims to: Claims Group, Accounting and Financial Management Division, U.S. General Accounting Office, Washington, DC 20548.

(b) Agencies shall not pay the following types of transportation claims:

(1) Any claim that is "time barred” by a statute of limitations as indicated in $ 101-41.602 or any claim on which there is doubt as to whether it is "time barred."

(2) Any claim that refers to a GSA file number or to a previously paid amount which is not in agreement with the agency's record of prior payment.

(3) Any claim that is doubtful. A claim is doubtful when in the exercise

of fair judgment of the person responsible for deciding appropriate administrative action or the person who, in accordance with applicable statutes, will be held accountable if the claim were paid and then found to be incorrect, illegal, or improper, is unable to decide with reasonable certainty that the claim is valid and correct. The accuracy of rates, fares, routes, and related technical data shall not be a factor in determining the correctness of the claim.

(4) Any pricing adjustment claims for services previously billed and paid, except single-factor ocean rate adjustments (SFORA) on international household goods shipments. Each SFORA claim shall be billed on a separate Public Voucher for Transportation Charges, SF 1113, and the annotation "SFORA claim” shown on the SF 1113.

(5) Claims described in paragraph (b) of this section are subject to GSA prepayment audit. Any claims so submitted to GSA will be considered 'disputed claims' under Section 4(b) of the Prompt Payment Act.

(6) Interest penalties under the Prompt Payment Act are not required when payment is delayed because of a disagreement between a Federal agency and a carrier or forwarder over the amount of the payment or other issues. Claims concerning any interest that may be payable will be resolved in accordance with the provisions of the Contract Disputes Act of 1978, 41 U.S.C. 601 et seq.

(7) Irreconcilable claims disputing prepayment audit positions of agencies that are subject to a delegation of authority by the Administrator under $ 101-41.103. All claims protesting an audit activity's prepayment audit position will be addressed to that activity. The activity shall promptly acknowledge the claim in writing and stamp it with its date of receipt. The activity must adjudicate the claim within 30 days of receipt, but if the authority fails to approve all or any portion of the carrier's claim, it shall make a final decision providing a clear, specific, and detailed written explanation of its position. If the carrier is dissatisfied with the activity's final decision, it may appeal that decision to GSA, providing a copy of all documentation

involved in the record, including a copy of the audit activity's decision. All such appeals shall be forwarded by the carrier to GSA, Attn: FWC (Code PA), Washington, DC 20405.

(c) Claims described in paragraph (b) of this section will be handled by GSA under the provisions of $101-41.605 of this subpart and shall be forwarded separately from other types of transportation documents to the General Services Administration (BWCA), Washington, DC 20405. Agencies shall support each claim forwarded to GSA with:

(1) Appropriate certification of factual matters not considered in previous certifications;

(2) Administrative report of any pertinent information not previously furnished;

(3) Recommendation of the action to be taken;

(4) Citations to previous payments, if any, by reference to disbursing office (D.O.) voucher number, date of payment, and D.O. symbol number; and

(5) Citations to applicable appropriation or fund accounts. Administrative reports and recommendations are not required on claims for amounts collected by or through the efforts of GSA, but factual data that were not previously submitted shall be furnished.

(d) Agencies shall notify claimants of the dates on which their claims are forwarded to GSA but shall not inform them of administrative recommendations. Agencies need not take further administrative action but shall forward to GSA (BWCA) any materials subsequently received which relate to forwarded claims and shall furnish supplemental reports to GSA when requested. Any claims so submitted to GSA will be considered disputed claims' under Section 4(b) of the Prompt Payment Act.

(31 U.S.C. 952; 31 U.S.C. 3726, 31 U.S.C. 1801, and 40 U.S.C. 486(c))

[42 FR 36672, July 15, 1977, as amended at 46 FR 42667, Aug. 24, 1981; 47 FR 33960, Aug. 5, 1982; 48 FR 27726, June 17, 1983; 48 FR 35650, Aug. 5, 1983; 50 FR 3910, Jan. 29, 1985; 53 FR 25166, July 5, 1988]

8 101-41.605 GSA processing of direct

settlement claims.

$ 101-41.605-1 Acknowledgments.

Each claimant is informed of the number assigned to his claim upon its receipt in GSA. Claimants should withhold inquiries for at least 6 months after receipt of acknowledgments because inquiries merely delay settlement action on the claims.

shall take action to effect issuance of the check or checks and shall distribute the certificate of settlement as follows:

(1) Forward the original of the certificate, with the D.O. voucher number and date of payment stamped in the upper right corner, to GSA (BWCA). (The agency shall be responsible for preparing any required SF 1096, Schedule of Voucher Deductions.)

(2) Forward the claimant's notice copy to the payee with the settlement check.

(3) Forward a copy of the certificate to each agency whose accounts are to be credited with a withheld amount, if any.

(4) Retain the remaining copies for internal fiscal records, including support for the disbursing officer's accounts.

(d) When the full amount certified for payment is setoff, GSA forwards both the advance copy and the notice copy of the certificate to the claimant and forwards the original and fiscal copies to the agency for processing and return of the annotated original certificate to GSA (BWCA). However, when the setoff amount is to be charged and credited to the same appropriation or fund account, GSA retains the original of the certificate and sends only the fiscal copies to the agency.

$ 101-41.605–2 Processing claims cer

tified for payment. (a) GSA certifies each payable claim by use of a GSA Form 7931, Certificate of Settlement, and includes therein a complete explanation of any amount that is disallowed. GSA forwards the certificate to the agency whose funds are to be charged for processing and prompt payment and concurrently forwards an advance copy of the certificate to the claimant. When an amount of the settlement is to be set off to recover a debt due the United States from the carrier, the agency shall effect such action immediately to preclude the setoff from being barred by expiration of the applicable statutory time period. (See $ 101-41.501.)

(b) An agency shall not revise or alter any GSA certificate of settlement except to indicate the appropriation symbol number applicable at the time of payment or to correct subsidiary accounting references relating to the stated appropriation or fund account. Alterations which will result in payment from a different appropriation or fund account or payment in an amount other than that originally stated on the certificate of settlement are not permitted. Any certificate of settlement that cannot be processed shall be immediately returned to GSA (BWCA) with an explanation of the nonpayment.

(c) GSA forwards the original and four copies of each certificate of settlement to the agency by GSA Form 7933, Certificate of Settlement Transmittal, a copy of which shall be promptly receipted and returned to GSA (BWCA). When a setoff amount is to be credited to the accounts of other agencies, GSA supplies additional copies of the certificate for the agencies whose accounts are to be credited. The agency

(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 42667, Aug. 24, 1981; 48 FR 27726, June 17, 1983)

§ 101-41.605-3 Disallowed claims.

When a claim is wholly disallowed, the claimant is furnished GSA Form 7932, Settlement Certificate, completely explaining the disallowance. One copy of the settlement certificate is furnished to the agency concerned.

§ 101-41.606 Effect of GSA claim settle

ments.

§ 101-41.606-1 Finality of action.

Claimants may request reconsideration or review of GSA transportation claim settlement actions as set forth in subpart 101-41.7. However, with reference to agencies of the Federal Government, these settlement actions are the final administrative action. (See § 101-41.605-2(b).) A GSA claim settlement is not to be regarded as a precedent for agency determination of future payments by accountable or other adminstrative officers.

Subpart 101-41.7-Reconsider

ation and Review of General Services Administration Transportation Claim Settlements

adjust asserted transportation overcharges;

(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) A request for review shall be forever barred unless received in the General Accounting Office within 6 months (not including time of war) from the date the settlement action was taken or within the periods of limitation specified in 31 U.S.C. 3726, as amended, whichever is later. The request should be addressed to the Comptroller General of the United States, U.S. General Accounting Office, Washington, DC 20548.

8101-41.700 Protest to settlement ac

tion.

(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 42668, Aug. 24, 1981; 48 FR 27725, June 17, 1983]

(a) A claimant who disagrees with the action taken upon his claim in GSA's transportation audit may write to the Administrator of General Seryices, General Services Administration (BW), Washington, DC 20405, requesting reconsideration of the action. The letter shall identify the transaction and set forth in detail the legal, technical, or factual data or other information or documentation relied upon by the carrier to raise substantive doubt as to the correctness of the claim settlement.

(b) A claimant who disagrees with the claim settlement action taken by an agency authorized by GSA to perform the transportation audit may address his request for reconsideration to the head of that agency. Such request shall include all information as indicated in paragraph (a) of this section. (31 U.S.C. 952, 31 U.S.C. 3726; 40 U.S.C. 486(c))

,

Subpart 101-41.8—Transportation

Disbursement Procedures

$ 101-41.800 Scope and applicability of

subpart. This subpart sets forth procedures for processing documents to request issuance of checks covering freight and passenger transportation services furnished for the account of the United States, and related forms, and for forwarding disbursing officers' paid transportation accounts to

to the General Services Administration for audit in accordance with section 322 of the Transportation Act of 1940, as amended (31 U.S.C. 3726).

[42 FR 36672, July 15, 1977, as amended at 46 FR 42668, Aug. 24, 1981; 48 FR 27726, June 17, 1983]

8 101-41.701 Review by the Comptrol

ler General of the United States.

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

(46 FR 42668, Aug. 24, 1981, as amended at 48 FR 27725, June 17, 1983)

§ 101-41.801 (Reserved]

(a) A claimant desiring a review of a transportation settlement action taken by GSA or by a designee agency may request review by the Comptroller General of the United States (4 CFR part 53). Settlement means any final administrative action taken by GSA or by a designee agency in connection with the audit of payments for transportation and related services furnished for the account of the United States, including:

(1) Deduction from moneys otherwise due a carrier (or refund by carrier) to

$ 101-41.802 Standard forms for sched

uling transportation vouchers for

payment. (a) The following Standard forms shall be used in connection with scheduling transportation vouchers for payment and audit:

(1) SF 1096, Schedule of Voucher Deductions.

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