Update of Transportation Documentation and Audit Regulations

Federal RegisterFeb 18, 1994

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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

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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.

* * * * *

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.

* * * * *

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.

(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:

* * * * *

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.

* * * * *

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:

* * * * *

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.

* * * * *

(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.

* * * * *

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.

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.

* * * * *

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.

* * * * *

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.

* * * * *

(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

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.

* * * * *

(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.

* * * * *

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.

* * * * *

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

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.

* * * * *

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.

* * * * *

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.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.