[Federal Register Volume 59, Number 34 (Friday, February 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3645]
[[Page Unknown]]
[Federal Register: February 18, 1994]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-41
RIN: 3090-AE77
Update of Transportation Documentation and Audit Regulations
AGENCY: Federal Supply Service, GSA.
ACTION: Proposed rule
-----------------------------------------------------------------------
SUMMARY: The General Services Administration proposes to amend part
101-41 of the Federal Property Management Regulations by revising text
to reflect administrative decisions and procedural changes; eliminating
or correcting obsolete material; and updating addresses, correspondence
symbols, codes, and legal citations. This action updates policies and
procedures governing the audit of payments for domestic and foreign
freight and passenger transportation services furnished for the account
of the United States.
DATES: Comments must be received by no later than 4 p.m. April 19,
1994.
ADDRESSES: Written comments must be sent to the General Services
Administration (FWPA), 18th & F Streets, NW., Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT:
John W. Sandfort, Chief, Policy, Procedures and Liaison Branch, Office
of Transportation Audits (202-219-3164).
SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)
had determined that this rule is not a significant regulatory action
for the purpose of Executive Order 12866 of September 30, 1993, because
it is not likely to result in an annual effect on the economy of $100
million or more; a major increase in costs to consumers or others; or
significant adverse effects. Therefore, a regulatory impact analysis
has not been prepared. GSA has based all administrative decisions
underlying this rule on adequate information concerning the need for
and consequences of this rule; has determined that potential benefits
to society from this rule outweigh the potential costs and has
maximized the net benefits; and has chosen the alternative approach
involving the least net cost to society.
This rule contains reporting requirements which have been approved
under OMB clearance number 3090-0242.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, it is determined that
this rule will not have a significant economic impact on a substantial
number of small entities. Therefore, no regulatory flexibility analysis
has been prepared.
List of Subjects in 41 CFR Part 101-41
Accounting, Air carriers, Claims, Freight, Freight forwarders,
Government property management, Maritime carriers, Moving of household
goods, Passenger services, Railroads, Transportation.
GSA proposes to amend 41 CFR part 101-41 as follows:
PART 101-41--TRANSPORTATION DOCUMENTATION AND AUDIT
1. The authority citation for 41 CFR part 101-41 continues to read
as follows:
Authority: 31 U.S.C. 3726 and 40 U.S.C. 486(c).
2. Section 101-41.002 is amended by revising paragraph (b) to read
as follows:
Sec. 101-41.002 Definitions.
* * * * *
(b) Carrier means any transportation services provider, including
forwarder, exempt or not exempt from regulation, or other duly
authorized agent, 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.
* * * * *
3. Section 101-41.003 is revised to read as follows:
Sec. 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 the Administrator's
designee. Requests for exceptions shall be made in writing to the
General Services Administration (FW), 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 available for public inspection
in accordance with subpart 105-60.3 of this title.
4. Section 101-41.004 is amended by revising paragraph (a) to read
as follows:
Sec. 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 one copy of such new or revised regulations and procedures to
the General Services Administration (FWP), Washington, DC 20405.
* * * * *
5. Section 101-41.006 is amended by revising paragraph (a) to read
as follows:
Sec. 101-41.006 Electronic data interchange (EDI) records.
(a) For the purposes of EDI only, a paper or microform record need
not be created to satisfy the requirements 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 facilities available to locate, identify, and reproduce the
records in readable form without loss of clarity.
* * * * *
6. Section 101-41.104 is redesignated as 101-41.008.
Subpart 101-41.1--General
7. In Sec. 101-41.101, paragraph (b)(3) is redesignated as
paragraph (c) and revised to read as follows:
Sec. 101-41.101 Examination of payments, settlement of claims, and
review of requirements.
* * * * *
(c) The Administrator of General Services or the Administrator's
designee will give due consideration to decisions of the Comptroller
General of the United States, which are advisory in nature, 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. 3501 et seq.).
8. Section 101-41.102 is amended by revising paragraph (b) and
removing paragraph (e) to read as follows:
Sec. 101-41.102 GSA responsibilities and functions.
* * * * *
(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 General Accounting Office (GAO) matters for consideration
by the Comptroller General of the United States or by a division of 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 are subject to the provisions of
Sec. 101-41.101(c) and need not be forwarded through GSA.
* * * * *
9. Section 101-41.103 is amended by revising paragraphs (c), (d),
(i)(1), (i)(3)(i) through (i)(3)(vii), (i)(4), (i)(5), (j), (k),
(n)(1), (n)(2), (n)(3), and (n)(5) to read as follows:
Sec. 101-41.103 Procedures, conditions, and limitations relevant to
the delegation of authority to perform prepayment audits of selected
transportation bills.
* * * * *
(c) Each request shall include a detailed model of the audit
process from receipt to payment of carrier bills 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 5 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.
* * * * *
(i) * * *
(1) Notwithstanding any other provision herein, GSA may request
that agencies forward unpaid transportation bills approved for payment
after prepayment audit by a designee agency (if any), in lieu of
payment to the carrier, in order to adequately protect the Government's
right to setoff or where the best interests of the Government so
require.
* * * * *
(3) * * *
(i) The carrier is involved in a proceeding under the Bankruptcy
Code as a debtor or possible debtor, or is subject to the control of a
receiver, trustee, or other similar representative;
(ii) The carrier consistently fails to refund overcharges without
assertion of substantial defense or other valid reasons when notified
by GSA or any other interested Government agency;
(iii) The carrier, without good cause, fails to make timely
disposition or settlement of loss or damage or other claims asserted by
agencies of the United States;
(iv) The carrier owes substantial sums of money to the United
States for which no adequate arrangements for settlement have been
made;
(v) The carrier, as a person or business entity, was determined
administratively to be ineligible for payment, unless after review of
the facts and in the absence of objection by the U.S. General
Accounting Office, it is determined administratively that the best
interests of the United States will not be jeopardized by such payment;
(vi) The carrier voluntarily withdraws or is otherwise
involuntarily terminated from an agency-wide transportation program; or
(vii) Any other circumstances where a reasonable person, in the
exercise of ordinary prudence, would conclude that the carrier is in
such financial condition that its ability to pay debts owed to the
Government is questionable.
(4) Carriers subject to prepayment audit by GSA for the reasons
outlined in Sec. 101-41.103(i)(3), may offer substitute arrangements to
adequately protect the Government's right to setoff in consideration
for the avoidance of prepayment audit and/or a release of funds deemed
adequate by the Government to pursue its right of setoff.
(5) The exercise of actual setoff shall be conducted in accordance
with the Federal Claims Collection Standards.
(j) All forms used by the designee or its audit activity in
performing the prepayment audit must be approved by GSA (Attn: FWP)
prior to usage, and no rules or procedures relative to the prepayment
audit may be published by the designee or its audit activity without
GSA approval.
(k) The designee and any audit activity under him/her will be
guided by applicable Comptroller General decisions and Federal Property
Management Regulations, instructions, and precedents regarding
substantive and procedural matters.
* * * * *
(n) * * *
(1) Failure to accomplish an accurate audit (less than 85 percent
accuracy).
(2) A pattern of failure to make timely payments, or failure to
inform carriers within 7 days of defective invoices (Prompt Payment Act
time limitations).
(3) Audit results not cost-effective; i.e., where the cost of the
audit exceeds the benefits derived.
* * * * *
(5) Failure of the designee, or any audit authority under it to be
guided by applicable Comptroller General decisions, Federal Property
Management Regulations, and instructions, or precedents regarding
substantive and procedural matters.
* * * * *
Subpart 101-41.2--Passenger Transportation Services Furnished for
the Account of the United States
10. Section 101-41.202 is amended by revising the introductory text
to read as follows:
Sec. 101-41.202 Standard forms relating to passenger transportation.
The Standard forms listed in paragraphs (a) through (h) of this
section are prescribed for use in connection with the procurement of
passenger transportation services for the account of the United States.
* * * * *
11. Section 101-41.202-5 is revised to read as follows:
Sec. 101-41.202-5 Procurement of Standard forms by agencies and
carriers.
(a) Agencies may obtain supplies of SF 1169 and SF 1170 assemblies
from GSA by submitting a requisition in FEDSTRIP format to GSA's
Federal Supply Service, Furniture Commodity Center (3FNI-CO),
Washington, DC 20406. With respect to the GTR assemblies, 3FNI-CO
maintains a record of the serial numbers imprinted on the forms and the
names and mailing addresses of the receiving agencies. Where feasible,
agencies should request that the name and address of the office to be
billed for payment of charges be preprinted on each SF 1169 and that
the name and address of the office to receive the refund be preprinted
on each SF 1170. No other overprinting on SF 1169, SF 1170, or SF 1170-
EDP (computer-generated) is permitted unless specifically approved in
writing by the Director, Office of Transportation Audits (FW), GSA.
(b) Carriers may purchase SF 1113 and SF 1113-A from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402, or have these printed commercially. When printing
these forms commercially, carriers shall ensure that the forms conform
to the exact size, wording, and arrangement of the approved Standard
forms as well as be printed on a similar grade of paper stock. Carriers
may have SF 1113 and SF 1113-A printed also in continuous-feed format
for machine billing by adding pin-feed strips on the margins. The tear-
off slip may be moved from the bottom to the right edge of SF 1113, to
aid in machine use of the form, but it must be perforated on all edges
to measure 8\1/2\ by 3\3/16\ inches when detached from the body of SF
1113 and from the pin-feed strips. The forms must conform in all other
respects to the exact size, wording, color, and arrangement of the
approved Standard forms. Any deviations must be approved in writing by
the Director, Office of Transportation Audits (FW), GSA, Washington, DC
20405.
12. Section 101-41.203 is revised to read as follows:
Sec. 101-41.203 Procurement of passenger transportation services.
Government travel should be via the lowest cost fare available for
which the traveler meets all conditions. The issuing officer must
ensure that a request is conveyed to the carrier or its agent for the
lowest cost fare available by entering ``lowest fare for which the
traveler qualifies'' in the class of service block on the GTR.
13. Section 101-41.203-4 is revised to read as follows:
Sec. 101-41.203-4 Reduced rate services.
When Government travel is on an air carrier the use of discount
fares offered by contract air carriers between certain cities (city-
pairs) is mandatory unless an exception is authorized under 41 CFR 301-
15.27. For air travel between cities where no contract service exists,
or for travel by other common carrier modes, travel must be performed
using the lowest cost fare available, e.g., through, group, excursion,
commutation, special, or reduced one-way or round-trip fare when it can
be determined before the start of a trip that this type of service
would be more practical and economical to the Government.
14. Section 101-41.203-5 is revised to read as follows:
Sec. 101-41.203-5 Joint procurement of rail transportation and
accommodations.
When the need for sleeping or parlor car accommodations is known at
the time the rail transportation services are authorized, a single GTR
shall be issued for joint procurement of transportation and
accommodations. A separate GTR may be used to procure accommodations if
such service is authorized after procurement of the rail transportation
ticket. The GTR shall bear the name of the carrier issuing the sleeping
or parlor car ticket and, when known, the number of the GTR covering
the rail transportation service.
15. Section 101-41.203-6 is amended by revising paragraph (b) to
read as follows:
Sec. 101-41.203-6 Air excess baggage service.
* * * * *
(b) The GEBAT coupon shall be given to the traveler with the air
ticket for presentation to the honoring carrier. Each carrier that is
to provide excess baggage service shall lift the pertinent coupon,
complete it to show the gross and net weights or number of pieces of
baggage carried, and use the coupon to support the subsequent billing
of charges. The carrier providing the service may bill its charges
direct to the paying office or may forward the coupon to the carrier to
which the GTR was tendered for billing.
16. Section 101-41.204-1 is revised to read as follows:
Sec. 101-41.204-1 Contracts.
With the exception of contracts for intracity bus service and
contracts entered into by the Air Mobility Command and the Military
Sealift Command, a copy of each contract, negotiated or otherwise,
providing rates or charges for passenger transportation services shall
be forwarded by agencies, promptly upon execution, to the General
Services Administration (FWA), Washington, DC 20405.
17. Section 101-41.204-2 is revised to read as follows:
Sec. 101-41.204-2 Tenders.
Two copies of each tender or quotation of special rates, fares,
charges, or concessions for common or contract carrier passenger
transportation services, including those made under section 10721 of
the Revised Interstate Commerce Act (49 U.S.C. 10721), formerly section
22 of the Interstate Commerce Act, shall be promptly submitted by the
negotiating agencies to the General Services Administration (FWA),
Washington, DC 20405.
Sec. 101-41.205-1 [Reserved]
18. Section 101-41.205-1 is removed and reserved.
19. Section 101-41.205-2 is revised to read as follows:
Sec. 101-41.205-2 Blanket ticket purchases.
(a) Procedures for issuing and processing tickets under blanket
GTR's. A blanket GTR may be issued to cover all tickets issued during a
mutually agreed upon period not exceeding 1 month if the number of
required tickets is of sufficient volume. When a blanket GTR is used to
purchase multiple tickets (issued during a designated payment period),
the GTR must be given to carrier or its agent prior to issuance of the
first ticket. GTR issuing officers are prohibited from giving only a
GTR number to the carrier or its agent in lieu of an actual GTR. Care
must be taken that a request is conveyed to the carrier or its agent
for the lowest cost fare available, which is done by entering ``lowest
fare for which the traveler qualifies'' in the class of service block
on the GTR. Tickets shall be issued as follows:
(1) At the beginning of each payment period, a blanket GTR shall be
prepared by the agency and given the TMC. Each ticket issued by the TMC
for the period of time covered by the blanket GTR shall bear the number
of the procuring GTR.
(2) A separate ticket listing shall be prepared by the TMC for each
GTR to show the number and value of the tickets issued during the
payment period and such other information as may be agreed upon by the
carrier or its agent and the Government agency.
(3) At the end of the payment period, payment shall be made as
provided in 101-41.206.
(b) Procedures for processing unused tickets. A completely unused
ticket procured on a GTR and returned to the carrier or its agent
during the same week it is purchased shall be voided by the carrier or
its agent and shall not appear on the billing invoice. The carrier or
its agent shall issue a receipt for tickets returned within the same
week of issuance. The agency shall check the appropriate invoice to
ensure that the agency is not billed for the returned tickets. A
completely unused ticket procured using a GTR that has already been
paid and all partially unused tickets, whether paid or not, shall be
processed through the carrier or its agent on Standard Form 1170 for
refund under procedures set forth in Sec. 101-41.210.
20. Section 101-41.206 is amended by revising the heading, and
paragraphs (a), (b), (c)(3), and (d) to read as follows:
Sec. 101-41.206 Special procedures for payment of blanket GTR charges
for passenger transportation services.
(a) At the end of the payment period for which a blanket GTR has
been issued under Sec. 101-41.205-2, the original GTR, copies of the
agent's coupons or credit card coupons and individual itineraries for
each ticket issued but not voided during the period, the original and
two copies of the ticket listing and the SF 1113 shall be forwarded by
the TMC to the responsible agency accounting activity for preparation
of the appropriate disbursing documents and issuance of the check to
the TMC for transportation charges. The payment check shall bear the
name and location of the agency authorizing payment and the applicable
GTR number.
(b) Agencies using the disbursing facilities of the Department of
the Treasury shall issue Standard Form 1166 OCR, Voucher and Schedule
of Payments (voucher-schedule), to the Department of Treasury for
issuance of the check. The payee block of the voucher-schedule shall
include the above-cited identifying information that is to appear on
the payment check.
(c) * * *
(3) The agent's coupons or reproduced copy of the agent's coupons
or credit card coupon copies and copies of itineraries for each ticket
paid on the listing for air and/or rail service.
(d) The carrier/TMC shall be responsible for making settlement of
all overcharges identified by GSA upon subsequent audit of the
documents covering their respective transportation services and for
stating valid claims for additional charges as prescribed in Subpart
101-41.6.
21. Section 101-41/207-3 is revised to read as follows:
Sec. 101-41.207-3 Disposition of spoiled or canceled GTR's.
A GTR spoiled in preparation, canceled, or prepared for issuance
but not used shall be marked ``CANCELED'' across the face and forwarded
immediately through the issuing office to the office maintaining the
accountability records. General Records Schedule 9, Travel and
Transportation Records (see 36 CFR chapter XII, Sec. 1228.22), provides
instructions for the disposal of a GTR.
Sec. 101-41.208-4 [Reserved]
22. Section 101-41.208-4 is removed and reserved.
23. Section 101-41.208-5 is revised to read as follows:
Sec. 101-41.208-5 En route honoring of GTR's for rail service.
When there is no ticket agent on duty, necessitating the purchase
of a rail transportation ticket on-board, the conductor shall issue a
coach, parlor car, or sleeping car ticket for service authorized on the
GTR in exchange for the GTR. If a different service or service of
lesser value than that shown on the GTR is furnished, the type of
service furnished shall be entered on the reverse of the GTR and signed
by the conductor and countersigned by the traveler. The traveler shall
similarly endorse the memorandum card copy (SF 1169-A). If the original
and the memorandum card copy are unavailable, the traveler shall
promptly forward written notification of the change to the office that
issued the GTR. The carrier shall bill charges for the changed or
lesser cost service to avoid subsequent adjustments with the
Government.
24. Section 101-41.208-6 is revised to read as follows:
Sec. 101-41.208-6 En route honoring of GTR's for sleeping or parlor
car services only.
When a GTR is presented on the train for sleeping or parlor car
accommodations only, it shall be honored provided such accommodations
are available and the traveler has purchased a rail passage fare.
25. Section 101-41.210-1 is amended by revising the introductory
text of paragraph (a) and paragraph (c) to read as follows:
Sec. 101-41.210-1 Exchange or returned tickets.
(a) Exchanged or returned tickets are tickets in a carrier's
possession for which the carrier has issued a lesser valued ticket,
receipt, or refund application showing a refund due the U.S.
Government. Agencies shall not submit an SF 1170 to the carrier to
claim a refund for the unused value of an exchanged or returned ticket.
Carriers are required to make refunds to the ``bill charges to'' office
indicated on the GTR within 60 calendar days from date of ticket
exchange. Agencies must provide travelers with a ``bill charges to''
address by attaching a copy of the GTR or some other document
containing the information to the ticket or to the travel
authorization. If carriers cannot identify the issuing agency, refunds
shall be sent to GSA (FWCA), Washington, DC 20405. These refunds are
subject to the following procedures:
* * * * *
(c) When accepting exchanged or returned tickets purchased with a
contractor-issued Government employee charge card, the carrier must
issue a receipt to the traveler showing a credit is due the traveler.
26. Section 101-41.210-1a is amended by revising paragraph (c) to
read as follows:
Sec. 101-41.210-1a Agency monitoring and processing of exchanged
ticket refunds.
* * * * *
(c) Forward carrier ticket refund applications and any other
pertinent information to GSA (FWCM), Washington, DC 20405, if refund
has not been received within 90 calendar days of date of ticket
exchange or return.
27. Section 101-41.210-2 is revised to read as follows:
Sec. 101-41.210-2 Unused or unreturned tickets.
An unused or unreturned ticket is one which has not been used for
passenger service, exchanged, or returned to the carrier or travel
management center (TMC) that issued it. Agencies shall demand the
refund value of these tickets from carriers or TMC's through the use of
an SF 1170, Redemption of Unused Tickets. A separate SF 1170 must be
prepared for each GTR, though more than one ticket or adjustment
transaction may be related to that GTR. Each ticket must be listed on
the SF 1170. An unused or unreturned ticket purchased under a GTS
account must be returned by the traveler to the Federal agency office
that purchased the ticket. That office shall, in turn, return the
ticket to the TMC that furnished the airline ticket. The TMC must issue
a receipt to the agency office showing a credit is due the agency. An
unused or unreturned ticket purchased with a contractor-issued
Government employee charge card must be returned by the traveler to the
TMC or air carrier that issued the original ticket. The TMC or air
carrier must issue a receipt to the traveler showing a credit is due
the employee. For procedures covering unused transportation services
billed by foreign-flag carriers, see Sec. 101-41.210-6.
28. Section 101-41.210-3 is amended by revising the introductory
text and paragraph (c) to read as follows:
Sec. 101-41.210-3 Agency processing of SF 1170 claims.
Timely processing of SF 1170 claims is essential to facilitate
prompt refunds from carriers. Agencies processing SF 1170 claims shall
ensure that:
* * * * *
(c) All other copies, including copies of unused tickets, are
retained by the agency for accounting control.
29. Section 101-41.210-3a is amended by revising the introductory
text to read as follows:
Sec. 101-41.210-3a Carrier processing of SF 1170 claims.
Each carrier shall promptly refund monies to adjust items listed on
an SF 1170, whether or not the related GTR has been submitted or paid.
The carrier shall indicate on the original SF 1170 the amount credited
to each ticket and the total amount being refunded, and shall return
the original with its refund to the agency. A refund that is
inconsistent with the information on the SF 1170 shall be explained or
computed on the SF 1170 or in an attached letter. A carrier declining
to refund shall furnish an explanation on the original SF 1170. If a
carrier is unable to determine which agency submitted the SF 1170, the
payment and refund information shall be sent directly to the General
Services Administration (FWCA). Any refunds sent directly to GSA will
be subject to the following procedures:
* * * * *
30. Section 101-41.210-4 is revised to read as follows:
Sec. 101-41.210-4 Agency processing of SF 1170 refunds.
Upon return of the original SF 1170 with the refund, the agency
shall record and deposit the refund in conformity with its fiscal
procedures. If the refund has previously been reported to GSA as
uncollected under Sec. 101-41.210-5, the agency shall, within 30
calendar days of receipt thereof, forward the original SF 1170 and file
copy of the ticket together with any advice from the carrier regarding
the basis of the refund, to the General Services Administration (FWCA),
Washington, DC 20405.
31. Section 101-41.210-5 is amended by revising paragraph (a) and
adding paragraph (c) to read as follows:
Sec. 101-41.210-5 Agency processing of SF 1170 claims for which the
carrier failed to refund or otherwise satisfy the claim.
(a) Partial tickets. A partial ticket is one in which one or more
(but not all) coupons have been used. If, within 90 calendar days from
the date of issuance of the SF 1170, the carrier has failed to make
refund for the unused portion of a partially used ticket or to furnish
a satisfactory explanation as to why no refund is due, the agency shall
transmit the triplicate of the SF 1170 and all related correspondence
to the General Services Administration (FWCA), Washington, DC 20405,
for appropriate action. An agency may remove from its active accounts
those debts referred to GSA under this section. This shall be recorded
in a manner sufficient to support its removal from agency accounting
records. Should a refund or response be received from the carrier after
referring the claim to GSA, the agency shall, within 30 calendar days
of receipt thereof, forward the original SF 1170 and file copy of the
ticket, together with any advice from the carrier regarding the basis
of the refund, to the General Services Administration (FWCA) in
accordance with Sec. 101-41.210-4.
* * * * *
(c) Agencies shall send to the General Services Administration
(FWC) all SF 1170 claims on complete tickets on which the carrier
alleges that no refund is due or on which there is doubt as to whether
the carrier has refunded the full value of the unused ticket. Agency
accounting shall be the same as is prescribed for partial tickets
forwarded to the General Services Administration.
Sec. 101-41.210-5a [Reserved]
Sec. 101-41.210-5b [Reserved]
Sec. 101-41.210-5c [Reserved]
32. Sections 101-41.210-5a, 210-5b, and 210-5c are removed and
reserved.
33. Section 101-41.210.5d is revised to read as follows:
Sec. 101-41.210-5d Agency recovery of carrier refunds sent directly to
GSA.
To recover carrier refunds sent directly to GSA (FWCA), agencies
must forward either an F 1080, Voucher for Transfer Between
Appropriations and/or Funds, or SF 1081, Voucher and Schedule of
Withdrawals and Credits, to the General Services Administration (FWCA).
Included on these forms must be the name of the carrier, carrier check
number, date, and amount of check (obtained from carrier), as well as
the GTR number and the appropriation number to be credited. Agency
refund requests should be sent promptly to GSA (FWCA). Refunds from
carriers which are not identified and claimed by agencies within 300
days after receipt by GSA (FWCA) will be returned to the U.S. Treasury
as miscellaneous receipts.
34. Section 101-41.210-6 is amended by revising paragraph (c) to
read as follows:
Sec. 101-41.210-6 Refund procedures covering unused transportation
services billed by foreign-flag carriers.
* * * * *
(c) Adjustments for unfurnished transportation services not
reported on SF 1170 but made by deduction or setoff shall be noted on
the deduction voucher with a full description of each unused ticket or
portion thereof. Reference shall also be made to the transportation
request number and the disbursing office (D.O.) voucher or schedule
number and the date of payment of the voucher on which the GTR was paid
if other than the deduction voucher. The unused ticket or portion
thereof shall be forwarded by the agency to the carrier and a copy of
the transmittal letter shall be attached to the deduction voucher
involved.
35. Section 101-41.211-2 is revised to read as follows:
Sec. 101-41.211-2 Disposition of recovered GTR's previously reported
lost or stolen.
A GTR that has been reported as lost or stolen but subsequently
recovered shall not be used to obtain transportation or accommodations.
The recovered GTR, whether it is blank or partially or completely
filled out, shall be returned promptly to the issuing officer who shall
mark it ``CANCELED'' and forward it through appropriate channels to the
office keeping the accountability records. The National Archives and
Records Administration General Records Schedule 9, Travel and
Transportation Records, provides instructions for disposition of
canceled GTR's (see 36 CFR chapter XII, Sec. 1228.22).
36. Section 101-41.211-3 is revised to read as follows:
Sec. 101-41.211-3 Billing charges for GTR's lost by carrier.
(a) When a carrier has lost or misplaced a GTR, it shall bill the
charges for the services furnished on the SF 1113, Public Voucher for
Transportation Charges, annotated with the following signed
certification: ``I certify that all U.S. Government Transportation
Requests (GTR's) honored by the above-named carrier or travel agent
pass into my office; that ticket(s) (form and ticket number(s)), value
of ticket(s), accommodations (number and type), points of travel (from
and to) annotated below was (were) furnished in exchange for the
specified GTR; that the stated value(s) is (are) true and correct; that
the said GTR has been lost or misplaced and cannot be located; that the
honoring carrier has not received payment for services rendered
thereunder; and that, if the said GTR is later found, it will be marked
``Canceled--SF 1113 with Signed Certification Issued in Lieu of Lost
GTR'' and transmitted to the General Services Administration (FWAA/C),
Washington, DC 20405, and no claim made thereon. Copy/copies of ticket
coupon(s), with the GTR number visible, will be attached in support of
the SF 1113. A statement of any other pertinent facts and circumstances
should be included. Each lost or misplaced GTR shall be billed on a
separate SF 1113 to be distinguished from charges applicable to other
GTR's. (See Sec. 101-41.214 for billing of transportation charges.)
(b) Disbursing officers shall certify on the SF 1113 that the
services specified thereon have been furnished, that payment has not
been made to any claimant, and that the record has been annotated to
prevent duplicate payment. The carrier may transmit its bill (SF 1113
with certification) to the General Services Administration (FWCA),
Washington, DC 20405, if the paying agency is unknown.
37. Section 101-41.211-4 is revised to read as follows:
Sec. 101-41.211-4 Disposition of GTR's previously certified lost by
carrier.
An original GTR that is located after payment has been made under
Sec. 101-41.211-3 shall be forwarded promptly to the General Services
Administration (FWAA/C), Washington, DC 20405, together with a
reference to the carrier's bill on which charges for the lost GTR were
paid.
38. Section 101-41.211-5 is revised to read as follows:
Sec. 101-41.211-5 Billing charges for air excess baggage coupons lost
by carrier.
(a) When a carrier has lost or misplaced its flight coupon copy of
the GEBAT covering the air carriage of excess baggage, it shall bill
the charges on an SF 1113 annotated with the following signed
certification: ``I certify that all GEBATS honored by the above-named
carrier or travel agent pass into my office; that the authorizing
GTR(s) (number(s)), applicable passenger ticket(s) (number(s)), name of
traveler(s), weight or number of pieces of excess baggage authorized
and carried, points between which service was authorized and rendered,
and all other information pertinent to the transaction annotated below
was (were) furnished in exchange for the specific GEBAT; that the
stated value(s) is (are) true and correct; that the said GEBAT has been
lost or misplaced and cannot be located; that the honoring carrier has
not received payment for services rendered thereunder, and that, if the
said GEBAT is later found, it will be marked `Canceled--SF 1113 with
Signed Certification Issued in Lieu of Lost GEBAT' and transmitted to
the General Services Administration (FWAA/C), Washington, DC 20405, and
no claim made thereon.'' The disbursing officer shall certify on the SF
1113 that the services specified therein have been furnished, that
payment has not been made to any claimant, and that the record has been
annotated to prevent duplicate payment.
(b) Excess baggage charges supported by a certified statement
instead of a lost GEBAT shall be billed separately from other types of
transportation charges. Where the paying agency cannot be determined,
the carrier may submit its bill to the General Services Administration
(FWCA), Washington, DC 20405, for forwarding to the responsible agency.
(c) An original GEBAT that is located after issuance of the
certified statement instead of the lost GEBAT, together with a
reference to the carrier's bill on which charges for the lost GEBAT
were paid, shall be forwarded promptly to GSA (FWAA/C).
39. Section 101-41.213 is amended by revising paragraph (a)(3) to
read as follows:
Sec. 101-41.213 Carrier entries on GTR's.
(a) * * *
(3) In the ``Auditor's Value'' space, the carrier audit officer
shall enter the charges as specified in paragraph (a)(2) of this
Sec. 101-41.213 for the ``Agents Value.''
* * * * *
40. Section 101-41.214-3 is revised to read as follows:
Sec. 101-41.214-3 Carrier machine punching on GTR's.
Carriers using 80-column tabulating equipment have the option of
keypunching certain information in the GTR's. Carriers electing to
punch the GTR must punch all information in fields 1-20 as specified
below. Fields 21-25 are for optional use by carriers. No other card
fields may be used.
------------------------------------------------------------------------
Fields Information
------------------------------------------------------------------------
1-5.... Carrier's code number as published in the Continental Directory
of Standard Carrier Alpha Codes (SCAC) and Standard Tariff
Agents Codes. Inquiries shall be addressed to NMFTA, 2200 Mill
Road, Alexandria, VA 22314.
6-10... Carrier's bill number.
11-18.. Total amount of transportation charges.
19-20.. Federal account (appropriation) symbol. (To be obtained from
the Department of the Treasury annual publication ``Federal
Account Symbols and Titles.'')
21-25.. Carrier's optional in-house code.
------------------------------------------------------------------------
41. Section 101-41.214-5 is amended by revising paragraph (e) to
read as follows:
Sec. 101-41.214-5 Preparation of carrier billing form.
* * * * *
(e) Each carrier shall insert in the appropriate block on the SF
1113 (and SF 1113-A), the standard carrier alpha code (SCAC) assigned
to that carrier in the National Motor Freight Traffic Association,
Inc., Agent, Directory of Standard Multi-Modal Carrier and Tariff
Agents Codes (SCAC and STAC), ICC NMF 101, applicable supplements
thereto, or subsequent reissues thereof.
42. Section 101-41.214-7 is revised to read as follows:
Sec. 101-41.214-7 Cross-reference on billings for additional or
supplemental services.
Vouchers supported by GTR's which extend or supplement services
covered by other GTR's shall be endorsed by the paying office or
issuing agency to show the disbursing office (D.O.) voucher number or
schedule number, date of payment, and date of the prior payment.
Vouchers covering air excess baggage charges need not be so endorsed.
Subpart 101-41.3--Freight Transportation Services Furnished for the
Account of the United States
43. Section 101-41.300 is revised to read as follows:
Sec. 101-41.300 Scope and applicability of subpart.
This subpart sets forth regulations and procedures governing the
procurement of and the billing and payment for freight or express
transportation services for the account of the United States.
44. Section 101-41.302-2 is amended by revising the introductory
text of paragraph (a), paragraphs (a)(1) and (a)(6), the introductory
text of paragraph (c), paragraph (c)(4) and paragraph (d) to read as
follows:
Sec. 101-41.302-2 Description and distribution of Government bills of
lading.
(a) The U.S. Government bill of lading (GBL) is a nine-part set
consisting of six basic forms. The sets are carbon-interleaved for
simultaneous preparation. The GBL set is arranged in the following
order:
(1) SF 1103 (original), which refers to subpart 101-41.3 for the
terms and conditions of the contract of transportation and contains
both the description of the articles comprising the shipment and the
certificate of delivery, is given to the carrier upon tender of
shipment for use as supporting documentation with the voucher covering
the transportation charges involved.
* * * * *
(6) SF 1103-A (memorandum copy), of which there are four copies, is
for use by the shipper for fiscal and administrative purposes.
* * * * *
(c) The U.S. Government Bill of Lading-Privately Owned Personal
Property (PPGBL) is a seven-part form available in either snap-out or
computer pin-feed formats. The sets are carbon interleaved for
simultaneous preparation. The PPGBL is arranged in the following order:
* * * * *
(4) SF 1205 (freight waybill-original) is given to the origin
carrier and is either carried to destination or is otherwise sent to
destination in compliance with origin carrier's instructions. It also
serves as the substitute billing document when the original PPGBL is
lost or destroyed.
* * * * *
(d) The GBL continuation sheets (SF 1109 through 1112) are also
available in nine-part sets and are arranged in order corresponding to
the GBL sets. The continuation sheets are for use with the regular GBL
and the personal property GBL.
45. Section 101-41.302-3 is amended by revising paragraph (i) to
read as follows:
Sec. 101-41.302-3 Terms and conditions governing acceptance and use of
GBLs.
* * * * *
(i) The nondiscrimination clauses contained in section 202 of
Executive Order 11246, as amended by Executive Order 11375, relative to
equal employment opportunity for all persons without regard to race,
color, religion, sex, or national origin, and the implementing rules
and regulations prescribed by the Secretary of Labor are incorporated
by reference in the GBL.
46. Section 101-41.302-5 is amended by revising paragraph (b) to
read as follows:
Sec. 101-41.302-5 Pickup and delivery services.
* * * * *
(b) When a shipper or consignee so requests and if the carrier
furnishes delivery service at destination, the carrier shall check the
appropriate box in the ``Certificate of Carrier Billing'' section on
the GBL.
47. Section 101-41.303-4 is revised to read as follows:
Sec. 101-41.303-4 Lost original commercial bills of lading
subsequently recovered.
When the original commercial bill of lading or commercial express
receipt is recovered after conversion of an authentic copy of the
commercial document to a GBL, the original commercial document shall be
forwarded to the paying office of the agency concerned, with an
appropriate reference to the previous conversion. If the transportation
charges on the GBL converted from the copy of the commercial document
have already been paid, the recovered original commercial bill of
lading or commercial express receipt shall be marked ``VOID'';
annotated with the disbursing office (D.O.) voucher or schedule number
(or the GSA certificate of settlement number) and payment date; and
transmitted to the General Services Administration (FWAA/C),
Washington, DC 20405.
48. Section 101-41.305-2 is amended by revising the introductory
text of paragraph (c) to read as follows:
Sec. 101-41.305-2 Transit records; processing and distribution.
* * * * *
(c) Furnishing transit certificates. Transit certificates (record
of transit tonnage and application) need not be prepared and furnished
to GSA (FWAA/C) when the paying office normally verifies or enters the
inbound billing information in the ``Description of Articles'' block of
the GBL. If the paying office does not verify or provide inbound
billing information, the certificates shall be furnished to General
Services Administration (FWAA/C), Washington, DC 20405, as follows:
* * * * *
49. Section 101-41.305-5 is revised to read as follows:
Sec. 101-41.305-5 Paying office action on transit billings.
The paying office shall verify and, if necessary, correct the
transit information shown on the GBL. When the required transit
information is not shown, the paying office shall enter the following
information in the ``Description of Articles'' block of the GBL, or on
a GBL continuation sheet, under a heading ``TRANSIT RESHIPPING
CERTIFICATE-INBOUND BILLING REFERENCES'': The disbursing office (D.O.)
voucher or schedule number and the date of payment of the inbound
billing, before forwarding the SF 1113 and a notice of any refunds to
GSA (FWAA/C). Vouchers with the accompanying GBL covering free or
surrendered transit shall be transmitted to GSA (FWAA/C) separate from
other types of transportation vouchers.
50. Section 101-41.306 is amended by revising paragraph (b) to read
as follows:
Sec. 101-41.306 Disposition of GBL forms upon delivery of property to
carrier for shipment.
* * * * *
(b) The issuing office shall retain a certified memorandum copy;
i.e., the issuing office copy (SF 1103-A and SF 1109-A, if any), and
send the consignee copy (SF 1103-B and SF 1109-B, if any) to the
consignee. A contractor acting as shipper shall retain one certified
memorandum copy, forward one copy to the issuing office, and send the
consignee copy to the consignee.
* * * * *
51. Section 101-41.307-5 is revised to read as follows:
Sec. 101-41.307-5 Lost original GBL's recovered after settlement.
When a lost original GBL is recovered after settlement is effected
on the basis of the freight waybill, the original GBL shall be
forwarded to the paying office of the agency concerned for
cancellation. The original GBL shall be inscribed with the disbursing
office (D.O.) voucher or schedule number, the GSA certificate of
settlement number, and the payment date of the freight waybill
settlement voucher and shall be forwarded to GSA (FWAA/C).
52. Section 101-41.308-1 is amended by revising the introductory
text to read as follows:
Sec. 101-41.308-1 Agency control.
Agencies shall maintain accountability records and physical control
of GBL stock. Employees responsible for the issuance and use of GBL
forms shall be held accountable for their disposition. GBL forms
generally are serially numbered at the time of printing; no other
numbering of the forms, including additions or changes to the prefixes
or additions of suffixes, is permitted.
* * * * *
53. Section 101-41.308-2 is revised to read as follows:
Sec. 101-41.308-2 Disposition of unused GBL's.
GBL forms spoiled in preparation, prepared for issuance but not
used, or unusable for any other reason shall be canceled and returned
to the accountable office. Those forms shall be disposed of in
accordance with General Records Schedule 9, Travel and Transportation
Records. (See 36 CFR chapter XII, Sec. 1228.22.)
54. Section 101-41.309-2 is amended by revising paragraph (c)(4)
and the concluding text of paragraph (c) to read as follows:
Sec. 101-41.309-2 Motor carrier or freight forwarder destination
storage in transit of household goods or mobile dwellings.
* * * * *
(c) * * *
(4) A copy of the original SF 1113, Public Voucher for
Transportation Charges, which was submitted by the line-haul carrier,
and copies of any other supplemental SF's 1113 previously submitted for
payment of accessorial charges relating to items paid on the original
bill.
The originals of those statements listed in paragraphs (c)(1) and
(c)(2) shall be used as support for accessorial charges.
55. Section 101-41.310-2 is amended by revising paragraphs (a) and
(d) to read as follows:
Sec. 101-41.310-2 Preparation of carrier billing forms.
(a) Instructions for the preparation of SF 1113, Public Voucher for
Transportation Charges, are furnished in the GSA guide ``How to Prepare
and Process U.S. Government Bills of Lading'' (national stock number
7610-00-682-6740). Agencies may obtain copies of this guide by
submitting a requisition in FEDSTRIP/MILSTRIP format to the GSA
regional office providing support to the requesting activity.
* * * * *
(d) Each carrier shall insert in the appropriate block on SF 1113
(and SF 1113-A), the Standard Carrier Alpha Code (SCAC) assigned to
that carrier in the National Motor Freight Traffic Association, Inc.,
Directory of Standard Multi-Modal Carrier and Tariff Agents Code (SCAC
and STAC), ICC NMF 101, applicable supplements or subsequent reissues.
56. Section 101.41.310-4 is amended by revising paragraph (a)(2) to
read as follows:
Sec. 101-41.310-4 Presentation and payment of carrier's bills.
* * * * *
(a) * * *
(2) A participating carrier or forwarder in privity with the
contract of carriage as evidenced by the covering GBL when the bill is
submitted with a waiver accomplished by the last carrier (as described
in paragraph (a)(1) of this section) in favor of the billing carrier;
* * * * *
57. Section 101-41.311 is revised to read as follows:
Sec. 101-41.311 Reporting of carrier voluntary refunds.
Agencies shall report voluntary refunds (other than those described
in Sec. 101-41.305-3 of this subpart) of excess payments for freight or
express charges to the General Services Administration (FWAA/C),
Washington, DC 20405. Each report shall include the following:
(a) GBL reference and amount of refund;
(b) Disbursing office (D.O.) voucher or schedule number and date of
payment assigned to the original payment; and
(c) Carrier's name and bill number.
58. Section 101-41.312 is amended by revising paragraph (c)(3) to
read as follows:
Sec. 101-41.312 Exception to usual billing and payment procedures.
* * * * *
(c) * * *
(3) Payments made under the provisions of this section are subject
to adjustment, if otherwise proper, when the cargo is lost, damaged, or
not delivered to the destination specified in the bill of lading
contracts. Agencies shall make a diligent effort to collect all agency
claims arising under the provisions of this section and shall report
uncollected debts to the General Government Division, Claims Group,
U.S. General Accounting Office, Washington, DC 20548.
59. Section 101-41.313-1 is revised to read as follows:
Sec. 101-41.313-1 GBL forms.
(a) Agencies may obtain supplies of the individual snapout GBL sets
by submitting a requisition in FEDSTRIP/MILSTRIP format to the GSA
regional office providing support to the requesting activity. Agencies
having facilities for computer preparation of GBL's may order them in
continuous fanfold format with pin-feed strips attached to the sides,
but such forms must conform to all other specifications on the GBL,
including overall size, wording, arrangement, color, construction, and
grade of paper. Minor adjustments in spacing to accommodate differences
in alignment of computer line printing are permissible, but all copies
in the GBL sets must register from part to part. Agency orders for
continuous fanfold GBL's shall be executed and processed in accordance
with Sec. 101-26.302 of this chapter. GSA's Federal Supply Service,
Furniture Commodity Center (3FNI-CO), Washington, DC 20406 maintains
records of the serial numbers of all GBL and personal property GBL sets
furnished and the names and mailing addresses of the receiving
agencies.
(b) An agency may order overprinting on the GBL forms to the extent
of identifying the name, bureau or service, and address of the payment
office; appropriation or fund chargeable; and name and title of the
issuing officer and place of issue. No other overprinting on the GBL
forms is permitted unless specifically approved in writing by the
General Services Administration (FW), Washington, DC 20405.
60. Section 101-41.313-2 is amended by revising the introductory
text to read as follows:
101-41.313-2 Carrier billing form.
SF 1113, Public Voucher for Transportation Charges, which shall be
used to bill freight transportation charges, is printed on 8\1/2\ by
11-inch white paper, with an added 8\1/2\ by 3\3/16\-inch tear-off slip
which generally is returned to the carrier with the check covering
payment of the vouchered charges, unless alternate arrangements are
made for providing this information. (See Sec. 101-41.803(b) for
exception.) SF 1113-A, Public Voucher for Transportation Charges
(Memorandum Copy), printed on yellow paper, is the same size as the
original without the tear-off slip.
* * * * *
61. Section 101-41.314-1 is revised to read as follows:
Sec. 101-41.314-1 Contracts.
With the exception of contracts for local storage, drayage, and
haulage (see Sec. 101-41.304 of this subpart) and contracts entered
into by the Military Sealift Command or the Air Mobility Command, a
copy of each contract for freight or express transportation services,
negotiated or otherwise, providing rates or charges shall be
transmitted by agencies promptly upon execution to the General Services
Administration (FWA), Washington, DC 20405.
62. Section 101-41.314-2 is revised to read as follows:
Sec. 101-41.314-2 Quotations and tenders.
Quotations or tenders made by or on behalf of common or contract
carriers for freight, small package, or express transportation rates or
services, including those authorized by section 10721 of the Revised
Interstate Commerce Act, (49 U.S.C. 10721), formerly section 22 of the
Interstate Commerce Act, shall be in written form. Two copies of each
quotation or tender shall be promptly transmitted by administrative or
negotiating agencies to GSA (FWA).
Subpart 101-41.4--Standards for the Payment of Charges for
Transportation Services Furnished for the Account of the United
States
63. Section 101-41.401 is amended by revising paragraph (a), the
introductory text of paragraph (c), paragraph (c)(3), and paragraph (e)
to read as follows:
Sec. 101-41.401 Payment of transportation bills.
(a) Unless GSA's Office of Transportation Audits determines that a
prepayment audit is necessary under Sec. 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 Sec. 101-41.604-2.
* * * * *
(c) Provisions of Pub. L. 77-560, 56 Stat. 306 (31 U.S.C. 3322(b)
and 3528(c)), relieve certifying and disbursing officers of liability
for overpayments made for transportation furnished for the account of
the United States on GBL's and GTR's when such overpayments are due to
the use of improper transportation rates or classifications or to the
failure to deduct proper amounts under agreements. However, agencies
are not relieved of responsibility for:
* * * * *
(3) Providing the carrier with notice of an apparent error, defect,
or impropriety within 7 days of receipt of an invoice.
* * * * *
(e) For the purposes of determining whether interest penalties
under the Prompt Payment Act, 31 U.S.C. 3901, et seq., are due, the
date on which payment is due is 30 days after receipt of a proper
carrier bill or claim.
Subpart 101-41.5--Claims by the United States Relating to
Transportation Services
64. Section 101-41.500 is revised to read as follows:
Sec. 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 out 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.
65. Section 101-41.502 is amended by revising paragraphs (a)(1)
introductory text and (b)(1) to read as follows:
Sec. 101-41.502 Examination of payments and initiation of collection
action and assertion of claims.
(a) * * *
(1) Carrier bills and supporting documents that represent payments
made by agency disbursing officers for freight and passenger
transportation services shall be forwarded to the General Services
Administration (FWAA/C), Washington, DC 20405, for audit. For the
purpose of determining whether a claim exists, GSA will consider:
* * * * *
(b) * * *
(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 owed to the United States,
sets forth: The amount paid; the basis for the proper charge for each
Government bill of lading, Government transportation request,
commercial bill of lading, or freight bill; 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, Government transportation request,
commercial bill of lading, or freight bill and mailed to the billing
carrier.
* * * * *
66. Section 101-41.503 is revised to read as follows:
Sec. 101-41.503 Refunds and/or protests to claims.
(a) Carriers are requested to promptly refund amounts due the
United States to avoid possible deduction action by GSA. Checks shall
be made payable to the ``General Services Administration'' and mailed
to the address specified on the claims notice.
(b) A carrier that disagrees with a claim may protest by letter to
the General Services Administration (FWCA), 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.
67. Section 101-41.504 is amended by revising the introductory
text, by revising paragraph (c), and by removing paragraph (d) to read
as follows:
Sec. 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 (c)
of this section.
* * * * *
(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. If this action is unsuccessful, GSA may report the debt
to the Department of Justice for collection, litigation, and related
proceedings, as prescribed in 4 CFR part 105.
68. Section 101-41.505 is revised to read as follows:
Sec. 101-41.505 Disposition of collections.
(a) Net 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 miscellaneous receipts.
(b) GSA does not inform agencies of collections deposited to
miscellaneous receipts.
69. Section 101-41.506 is amended by revising paragraphs (b) and
(e) and the introductory text of paragraph (f) to read as follows:
Sec. 101-41.506 Transportation debts administratively determined to be
due the United States.
* * * * *
(b) Agencies shall refer all administratively determined
transportation debts involving loss and/or damage to property to:
General Government Division, Claims Group, U.S. General Accounting
Office, Washington, DC 20548.
* * * * *
(e) All liquidated or certain claims (those upon which all audit
procedures under 31 U.S.C. 3726 have been completed) over $100,000,
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 $100,000
exclusive of interest, penalties, and administrative charges if:
* * * * *
Subpart 101-41.6--Claims Against the United States Relating to
Transportation Services
70. Section 101-41.600 is revised to read as follows:
Sec. 101-41.600 Scope and applicability of subpart.
This subpart sets forth procedures applicable to the presentation,
settlement, reconsideration, and review of claims against the United
States relating to freight and passenger transportation services, and
implementation of the Prompt Payment Act, 31 U.S.C. 3901 et seq.
71. Section 101-41.602 is amended by revising paragraph (b) to read
as follows:
Sec. 101-41.602 Statutory limitations on filing of claims.
* * * * *
(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. Claims for
filing with the designee agency shall be sent to the payment office
shown in the ``Bill Charges To'' box of the procuring document.
* * * * *
72. Section 101-41.603-2 is amended by revising paragraph (b) to
read as follows:
Sec. 101-41.603-2 Forms of claims.
* * * * *
(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, SA (FW) 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.
* * * * *
73. Section 101-41.603-4 is revised to read as follows:
Sec. 101-41.603-4 Where to file transportation claims.
(a) Claims involving collection actions resulting from the
transportation audit performed by the General Services Administration
must be filed directly with GSA (FWCA). Any claims so submitted to GSA
will be considered `disputed claims' under section 4(b) of the Prompt
Payment Act, 31 U.S. C. 3901 et seq. 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 (FWCA) 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
(FWCA), Washington, DC 20405.
(b) A claimant who disagrees with the action taken on his/her claim
by the agency's payment office may request reconsideration or review of
that action, provided he/she meets applicable time limitations. (See
Sec. 101-41.101(b), Sec. 101-41.602, and subpart 101-41.7.) The levels
for progression of claims not disposed of to the satisfaction of the
claimant are as shown in the following table:
Progressive Steps Available to Claimants Requesting Reconsideration or
Review of Disputed Claims
------------------------------------------------------------------------
Agency
Applicable to Agency action dispositive
Disputed claims disputed claims for action for
involving-- filed with-- reconsideration reconsideration
by-- or review by--
------------------------------------------------------------------------
Deductions for Agencies out of General Comptroller
loss or damage whose activities Government General of the
to property. the claims arose. Division, United
Claims Group, States.\2\
U.S. General
Accounting
Office.\1\.
Other than loss Agencies Head of agency Do.
or damage to delegated delegated
property. authority to authority.
perform audit as
GSA's designee.
(See note).
Agencies not General Services Administrator of
delegated Administration General
authority to (FWA).\3\. Services\4\ or
perform audit as Comptroller
GSA's designee. General 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:
\1\General Government Division, Claims Group, 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 (FWCA), Washington, DC 20405.
\4\Administrator of General Services, General Services Administration
(FW), Washington, DC 20405.
74. Section 101-41.604-1 is amended by revising paragraphs (a) and
(c) to read as follows:
Sec. 101-41.604-1 Transportation claims payable by agencies.
* * * * *
(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 (D.O.) voucher or schedule
number and date of payment.
* * * * *
(c) Claims paid in accordance with this Sec. 101-41.604-1 shall be
transmitted to GSA (FWAA/C) separately from other paid transportation
documents submitted for audit.
75. Section 101-41.604-2 is amended by revising paragraph (a), the
introductory text of paragraph (c), paragraph (c)(4), and paragraph (d)
to read as follows:
Sec. 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: General Government Division, Claims Group, U.S.
General Accounting Office, Washington, DC 20548.
* * * * *
(c) Claims described in paragraph (b) of this section will be
handled by GSA under the provisions of Sec. 101-41.605 of this subpart
and shall be forwarded separately from other types of transportation
documents to the General Services Administration (FWCA), Washington, DC
20405. Agencies shall support each claim forwarded to GSA with:
* * * * *
(4) Citations to previous payments, if any, by reference to
disbursing office (D.O.) voucher or schedule number and date of
payments; and
* * * * *
(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 (FWCA) 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. 3901 et seq.
76. Section 101-41.605-2 is amended by revising paragraphs (b), (c)
introductory text, (c)(1), and (d) to read as follows:
Sec. 101-41.605-2 Processing claims certified for payment.
* * * * *
(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 returned
immediately to GSA (FWCA) 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 receipted and returned promptly
to GSA (FWCA). 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 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
or schedule number and date of payment stamped in the upper right
corner, to GSA (FWCA). (The agency shall be responsible for preparing
any required SF 1096, Schedule of voucher Deductions.)
* * * * *
(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 the return of the annotated original certificate
to GSA (FWCA). 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.
Subpart 101-41.7--Reconsideration and Review of General Services
Administration Transportation Claim Settlements
77. Section 101-41.700 is amended by revising paragraph (a) to read
as follows:
Sec. 101-41.700 Protest to settlement action.
(a) A claimant who disagrees with the action taken upon his/her
claim in GSA's transportation audit may write to the Administrator of
General Services, General Services Administration (FW), 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.
* * * * *
Subpart 101-41.8--Transportation Disbursement Procedures
78. Section 101-41.802 is amended by revising paragraphs (a)(3),
(a)(6), and (b) to read as follows:
Sec. 101-41.802 Standard forms for scheduling transportation vouchers
for payment.
(a) * * *
(3) SF 1166a OCR, voucher and Schedule of Payments (Memorandum)
(yellow paper).
(6) SF 1167a OCR, Voucher and Schedule of Payments (Continuation
Sheet) (Memorandum) (yellow paper).
* * * * *
(b) The procedures prescribed for preparation of SF 1166 OCR,
Voucher and Schedule of Payments (voucher-schedule), are applicable to
all Federal agencies using the disbursing facilities of the Department
of Treasury. The procedures prescribed for the use of SF 1166 OCR apply
also to SF 1166a OCR, SF 1167 OCR, and SF 1167a OCR.
* * * * *
79. Section 101-41.803 is amended by revising paragraphs (a) and
(b) to read as follows:
Sec. 101-41.803 Scheduling procedures.
(a) Agencies shall prepare a voucher-schedule (SF 1166 OCR) for all
basic vouchers covering transportation services furnished for the
account of the United States submitted by carriers in accordance with
Sec. 101-41.214 and Sec. 101-41.310 of this part. Transportation
vouchers (SF 1113) shall be listed separately from all other types of
payment vouchers. All information required for check issuance purposes
must be included on the SF 1166 OCR. After certification by the
authorized certifying officer, the voucher-schedule shall be
transmitted to the appropriate disbursing office. The transportation
vouchers shall be retained by the agency for later transmittal to GSA
(FWAA/C) in accordance with Sec. 101-41.807 of this subpart.
(b) The tear-off slips from the related basic SF 1113 must also be
sent to the disbursing office for forwarding to the carrier-payees with
the payment checks, unless alternate arrangements are made for
providing this information. Agencies submitting payment data on
magnetic tape to a Department of the Treasury disbursing facility may
arrange with that facility for the preparation of enclosures (TFS Form
3039, Notice to Check Recipient), bearing all information shown on the
tear-off slips, which must be sent to the carrier-payee with the
payment checks instead of the tear-off slips.
* * * * *
80. Section 101-41.804-3 is revised to read as follows:
Sec. 101-41.804-3 Combining payments due a single payee.
If the amounts of two or more basic transportation vouchers due one
payee can be combined in one check, the individual amounts shall be
added and shown as one amount on the voucher-schedule, but the voucher
or schedule numbers individually identified by letter or number
suffixes must be listed separately in the voucher number column of the
voucher-schedule. When the amounts of basic vouchers are combined into
a single payment, an adding machine tape or facesheet listing the
individual amounts shall be attached to the related group of basic
vouchers.
81. Section 101-41.805-1 is amended by revising the introductory
text and paragraph (a) to read as follows:
Sec. 101-41.805-1 No-check vouchers.
Basic transportation vouchers for which no checks are to be issued
to the voucher-payee shall be scheduled as follows:
(a) Vouchers requiring the processing of an accounting transaction
for inclusion in the agency's SF 224, Statement of Transactions
(Classified According to Appropriation, Fund, and Receipt Account, and
Related Control Totals); SF 1220, Statement of Transactions According
to Appropriations, Funds, and Receipt Accounts; or SF 1221, Statement
of Transactions According to Appropriations, Funds, and Receipt
Accounts (Foreign Service Account), or other approved reporting form,
by transfer or without the issuance of a check shall be listed on SF
1166 OCR covering transportation vouchers for which checks are to be
issued. Show the words ``NO CHECK'' in the amount column of SF 1166 OCR
opposite the payee's name and address. The amount shall be shown on SF
1096, Schedule of Voucher Deductions, as provided in Sec. 101-41.805-2.
* * * * *
82. Section 101-41.805-2 is amended by revising paragraph (b) to
read as follows:
Sec. 101-41.805-2 Deductions from disbursement vouchers.
* * * * *
(b) When a deduction is made to recover an amount charged to an
appropriation or fund account other than one to which the voucher
carrying the deduction is chargeable, reference must be made to the
disbursing office (station) symbol number and the voucher or schedule
number on which the amount was overpaid. When the voucher-schedule
contains more than one voucher deduction, a summary by appropriation or
fund accounts of all voucher deductions must be made on the voucher-
schedule, showing the symbol of each account creditable.
* * * * *
83. Section 101-41.806-1 is revised to read as follows:
Sec. 101-41.806-1 Makeup and initial distribution of forms.
Agencies shall prepare an original SF 1166 OCR and at least two
copies of the SF 1166a OCR. The original and two copies shall be
forwarded to the appropriate disbursing office for payment processing.
84. Section 101-41.806-2 is revised to read as follows:
Sec. 101-41.806-2 Information to be furnished by the disbursing
office.
The disbursing office (D.O.) shall imprint clearly within the PAID
BY block the word ``Paid''; the month, day, and year of payment; and
the D.O. (station) symbol number. The disbursing office shall also list
in the appropriate column opposite each payee's name the serial numbers
of any checks issued in payment of the voucher.
85. Section 101-41.807-2 is amended by revising paragraph (d) to
read as follows:
Sec. 101-41.807-2 Submission of transportation vouchers.
* * * * *
(d) The cover or container of each package shall include the
following information.
From: Name and address of transmitting office. Period of account
(month/year). Package number ________________ of ________________.
Disbursing office (station) symbol number. Package number ____ of ____.
To: General Services Administration, FWAA/C, Paid Voucher Receiving
Unit, 18th & F Streets, NW, Washington, DC 20405.
86. Section 101-41.807-4 is amended by revising paragraph (a) to
read as follows:
Sec. 101-41.807-4 Submission of paid freight bills/invoices,
commercial bills of lading, passenger coupons, and supporting
documentation covering transportation services by contractors under a
cost-reimbursement contract.
(a) Agencies shall ensure that legible copies of paid freight
bills/invoices, commercial bills of lading (CBL's), passenger coupons,
and supporting documentation for transportation services, for the
account of and on which the United States will assume freight and
passenger charges that were paid by a Federal agency's contractor under
a cost-reimbursement contract and their first-tier subcontractors,
under a cost-reimbursement contract, are submitted to GSA for audit.
GSA notices of overcharge will be issued in accordance with the
provisions set forth in Sec. 101-41.502(b).
* * * * *
Dated: February 7, 1994.
Frank Pugliese,
Deputy Commissioner, Federal Supply Service.
[FR Doc. 94-3645 Filed 2-17-94; 8:45 am]
BILLING CODE 6820-24-M
