§ 101-41.602 - Statutory limitations on filing of claims.

(a) 31 U.S.C. 3726, as amended, imposes a limitation, generally 3-years, on the filing of claims cognizable by GSA when such claims involve charges for transportation within the purview of 31 U.S.C. 3726, as amended. Claims in this category are those which involve transportation charges based on tariffs lawfully on file with Federal and State transportation regulatory agencies or which involve rates, fares, and charges established under section 10721 of the Revised Interstate Commerce Act, (49 U.S.C. 10721), formerly section 22 of the Interstate Commerce Act, or other equivalent contract, arrangements, or exemption from regulation.

(b) A claim must be received by GSA or its designee (the agency out of whose activities the claim arose) within 3 years (not including any time of war) from whichever is the latest of the following dates:

(1) Accrual of the cause of action thereon;

(2) Payment of charges for the transportation involved;

(3) Subsequent refund for overpayment of such charges; or

(4) Deduction made under 31 U.S.C. 3726, as amended.

(c) Each claim of a carrier or forwarder, whether filed with GSA or with its designee (the agency out of whose activities the transaction arose), must be clearly stamped with the month, day, and year of receipt by GSA or the designee agency so that there will be no question regarding the filing date when the determination of compliance with the 3-year limitation imposed thereon by 31 U.S.C. 3726 is made and for the purposes of the Prompt Payment Act.

(d) For the purposes of determining whether interest penalties under the Prompt Payment Act are due, the date on which payment is due is 30 days after receipt of a proper carrier bill or claim.