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Electronic Code of Federal Regulations

e-CFR Data is current as of April 17, 2014

Title 41: Public Contracts and Property Management
PART 102-118—TRANSPORTATION PAYMENT AND AUDIT


Subpart F—Claims and Appeal Procedures


Contents

General Agency Information for All Claims

§102-118.450   Can a TSP file a transportation claim against my agency?
§102-118.455   What is the time limit for a TSP to file a transportation claim against my agency?
§102-118.460   What is the time limit for my agency to file a court claim with a TSP for freight charges, reparations, and loss or damage to the property?
§102-118.465   Must my agency pay interest on a disputed amount claimed by a TSP?
§102-118.470   Are there statutory time limits for a TSP on filing an administrative claim with the GSA Audit Division?
§102-118.475   Does interest apply after certification of payment of claims?
§102-118.480   How does my agency settle disputes with a TSP?
§102-118.485   Is there a time limit for my agency to issue a decision on disputed claims?
§102-118.490   What if my agency fails to settle a dispute within 30 days?
§102-118.495   May my agency appeal a decision by the Civilian Board of Contract Appeals (CBCA)?
§102-118.500   How does my agency handle a voluntary refund submitted by a TSP?
§102-118.505   Must my agency send a voluntary refund to the Treasurer of the United States?
§102-118.510   Can my agency revise or alter a GSA Form 7931, Certificate of Settlement?
§102-118.515   Does my agency have any recourse not to pay a Certificate of Settlement?
§102-118.520   Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency?
§102-118.525   What are my agency's responsibilities for verifying the correct amount of transportation charges?
§102-118.530   Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?
§102-118.535   Are there principles governing my agency's TSP debt collection procedures?
§102-118.540   Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?

Transportation Service Provider (TSP) Filing Requirements

§102-118.545   What information must a TSP claim include?
§102-118.550   How does a TSP file an administrative claim using EDI or other electronic means?
§102-118.555   Can a TSP file a supplemental administrative claim?
§102-118.560   What is the required format that a TSP must use to file an administrative claim?
§102-118.565   What documentation is required when filing an administrative claim?

Transportation Service Provider (TSP) and Agency Appeal Procedures for Prepayment Audits

§102-118.570   If my agency denies the TSP's challenge to the statement of difference, may the TSP appeal?
§102-118.575   If a TSP disagrees with the decision of my agency, can the TSP appeal?
§102-118.580   May a TSP appeal a prepayment audit decision of the GSA Audit Division?
§102-118.585   May a TSP appeal a prepayment audit decision of the CBCA?
§102-118.590   May my agency appeal a prepayment audit decision of the GSA Audit Division?
§102-118.595   May my agency appeal a prepayment audit decision by the CBCA?

Transportation Service Provider (TSP) and Agency Appeal Procedures for Postpayment Audits

§102-118.600   When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?
§102-118.605   What if a TSP disagrees with the Notice of Indebtedness?
§102-118.610   Is a TSP notified when GSA allows a claim?
§102-118.615   Will GSA notify a TSP if they internally offset a payment?
§102-118.620   How will a TSP know if the GSA Audit Division disallows a claim?
§102-118.625   Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?
§102-118.630   How must a TSP refund amounts due to GSA?
§102-118.635   Can the Government charge interest on an amount due from a TSP?
§102-118.640   If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?
§102-118.645   Can a TSP file an administrative claim on collection actions?
§102-118.650   Can a TSP request a review of a settlement action by the Administrator of General Services?
§102-118.655   Are there time limits on a TSP request for an administrative review by the Civilian Board of Contract Appeals (CBCA)?
§102-118.660   May a TSP appeal a postpayment audit decision of the CBCA?
§102-118.665   May my agency appeal a postpayment audit decision by the CBCA?

Transportation Service Provider (TSP) Non-Payment of a Claim

§102-118.670   If a TSP cannot immediately pay a debt, can they make other arrangements for payment?
§102-118.675   What recourse does my agency have if a TSP does not pay a transportation debt?

General Agency Information for All Claims

§102-118.450   Can a TSP file a transportation claim against my agency?

Yes, a TSP may file a transportation claim against your agency under 31 U.S.C. 3726 for:

(a) Amounts owed but not included in the original billing;

(b) Amounts deducted or set off by an agency that are disputed by the TSP;

(c) Requests by a TSP for amounts previously refunded in error by that TSP; and/or

(d) Unpaid original bills requiring direct settlement by GSA, including those subject to doubt about the suitability of payment (mainly bankruptcy or fraud).

§102-118.455   What is the time limit for a TSP to file a transportation claim against my agency?

The time limits on a TSP transportation claim against the Government differ by mode as shown in the following table:

Time Limits on Actions Taken by TSP

Mode Freight charges Statute
(a) Air Domestic6 years28 U.S.C. 2401, 2501.
(b) Air International6 years28 U.S.C. 2401, 2501.
(c) Freight Forwarders (subject to the IC Act)3 years49 U.S.C. 14705(f).
(d) Motor3 years49 U.S.C. 14705(f).
(e) Rail3 years49 U.S.C. 14705(f).
(f) Water (subject to the IC Act)3 years49 U.S.C. 14705(f).
(g) Water (not subject to the IC Act)2 years46 U.S.C. 745.
(h) TSPs exempt from regulation6 years28 U.S.C. 2401, 2501.

§102-118.460   What is the time limit for my agency to file a court claim with a TSP for freight charges, reparations, and loss or damage to the property?

Statutory time limits vary depending on the mode and the service involved and may involve freight charges. The following tables list the time limits:

(a) Time Limits on Actions Taken by the Federal Government Against TSPs

Mode Freight chargesReparationsLoss and damage
(1) Rail3 years
49 U.S.C. 11705
3 years
49 U.S.C. 11705
6 years.
28 U.S.C. 2415.
(2) Motor3 years
49 U.S.C.
14705(f)
3 years
49 U.S.C.
14705(f)
6 years.
28 U.S.C. 2415.
(3) Freight Forwarders subject to the IC Act3 years
49 U.S.C.
14705(f)
3 years
49 U.S.C.
14705(f)
6 years.
28 U.S.C. 2415.
(4) Water (subject to the IC Act)3 years
49 U.S.C.
14705(f)
3 years
49 U.S.C.
14705(f)
6 years.
28 U.S.C. 2415.
(5) Water (not subject to the IC Act)6 years 28 U.S.C. 24152 years 46 U.S.C. 8211 year.
46 U.S.C.
1303(6) (if subject to Carriage of Goods by Sear Act, 46 U.S.C. 1300-1315).
(6) Domestic Air6 years
28 U.S.C. 2415
6 years.
28 U.S.C. 2415.
(7) International Air6 years
28 U.S.C. 2415
2 years.
49 U.S.C. 40105.

(b) Time Limits on Actions Taken by the Federal Government Against TSPs Exempt From Regulation

Mode Freight Reparations Loss and damage
(1) All6 years
28 U.S.C. 2415
6 years.
28 U.S.C. 2415.

§102-118.465   Must my agency pay interest on a disputed amount claimed by a TSP?

No, interest penalties under the Prompt Payment Act, (31 U.S.C. 3901, et seq.), are not required when payment is delayed because of a dispute between an agency and a TSP.

§102-118.470   Are there statutory time limits for a TSP on filing an administrative claim with the GSA Audit Division?

Yes, an administrative claim must be received by the GSA Audit Division or its designee (the agency where the claim arose) within 3 years beginning the day after the latest of the following dates (except in time of war):

(a) Accrual of the cause of action;

(b) Payment of charges for the transportation involved;

(c) Subsequent refund for overpayment of those charges; or

(d) Deductions made to a TSP claim by the Government under 31 U.S.C. 3726.

§102-118.475   Does interest apply after certification of payment of claims?

Yes, interest under the Prompt Payment Act (31 U.S.C. 3901, et seq.) begins 30 days after certification for payment by GSA.

§102-118.480   How does my agency settle disputes with a TSP?

As a part of the prepayment audit program, your agency must have a plan to resolve disputes with a TSP. This program must allow a TSP to appeal payment decisions made by your agency.

§102-118.485   Is there a time limit for my agency to issue a decision on disputed claims?

Yes, your agency must issue a ruling on a disputed claim within 30 days of receipt of the claim.

§102-118.490   What if my agency fails to settle a dispute within 30 days?

(a) If your agency fails to settle a dispute within 30 days, the TSP may appeal to:

General Services Administration

Federal Supply Service

Audit Division (FBA)

Code: CC 1800 F Street, NW.

Washington, DC 20405

www.gsa.gov/transaudits

(b) If the TSP disagrees with the administrative settlement by the Audit Division, the TSP may appeal to the Civilian Board of Contract Appeals.

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004; 78 FR 71529, Nov. 29, 2013]

§102-118.495   May my agency appeal a decision by the Civilian Board of Contract Appeals (CBCA)?

No, your agency may not appeal a decision made by the CBCA.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

§102-118.500   How does my agency handle a voluntary refund submitted by a TSP?

(a) An agency must report all voluntary refunds to the GSA Audit Division (so that no Notice of Overcharge or financial offset occurs), unless other arrangements are made (e.g., charge card refunds, etc.). These reports must be addressed to:

General Services Administration

Federal Supply Service

Audit Division (FBA)

Code: CC

1800 F Street, NW.

Washington, DC 20405

www.gsa.gov/transaudits

(b) Once a Notice of Overcharge is issued by the GSA Audit Division, then any refund is no longer considered voluntary and the agency must forward the refund to the GSA Audit Division.

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004]

§102-118.505   Must my agency send a voluntary refund to the Treasurer of the United States?

No, your agency may keep and use voluntary refunds submitted by a TSP, if the refund was made prior to a Notice of Overcharge issued by the GSA Audit Division.

§102-118.510   Can my agency revise or alter a GSA Form 7931, Certificate of Settlement?

Generally, no, an agency must not revise or alter amounts on a GSA Form 7931. The only change an agency can make to a GSA Form 7931 is to change the agency financial data to a correct cite. Any GSA Form 7931 that cannot be paid (e.g., an amount previously paid), must be immediately returned to the GSA Audit Division with an explanation.

§102-118.515   Does my agency have any recourse not to pay a Certificate of Settlement?

No, a Certificate of Settlement is the final administrative action.

§102-118.520   Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency?

Under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711, et seq.), the Comptroller General and the Attorney General have joint responsibility for issuing standards for your agency.

§102-118.525   What are my agency's responsibilities for verifying the correct amount of transportation charges?

Your agency's employees are responsible for diligently verifying the correct amount of transportation charges prior to payment (31 U.S.C. 3527).

§102-118.530   Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?

Yes, GSA will instruct one or more of your agency's disbursing offices to deduct the amount due from an unpaid TSP's bill. A 3-year limitation applies on the deduction of overcharges from amounts due a TSP (31 U.S.C. 3726) and a 10-year limitation applies on the deduction of ordinary debts (31 U.S.C. 3716).

§102-118.535   Are there principles governing my agency's TSP debt collection procedures?

Yes, the principles governing your agency collection procedures for reporting debts to the General Accounting Office (GAO) or the Department of Justice are found in 4 CFR parts 101 through 105 and in the GAO Policy and Procedures Manual for Guidance of Federal Agencies. The manual may be obtained by writing:

Superintendent of Documents

Government Printing Office

Washington, DC 20402

http://www.access.gpo.gov/

§102-118.540   Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?

The Director of the GSA Audit Division has the authority and responsibility to audit and settle all transportation related accounts (31 U.S.C. 3726). The reason for this is that he or she has access to Governmentwide data on a TSP's payments and billings with the Government. Your agency has the responsibility to correctly pay individual transportation claims.

Transportation Service Provider (TSP) Filing Requirements

§102-118.545   What information must a TSP claim include?

Transportation service provider (TSP) claims received by GSA or its designee must include one of the following:

(a) The signature of an individual or party legally entitled to receive payment for services on behalf of the TSP;

(b) The signature of the TSP's agent or attorney accompanied by a duly executed power of attorney or other documentary evidence of the agent's or attorney's right to act for the TSP; or

(c) An electronic signature, when mutually agreed upon.

§102-118.550   How does a TSP file an administrative claim using EDI or other electronic means?

The medium and precise format of data for an administrative claim filed electronically must be approved in advance by the GSA Audit Division. GSA will use an authenticating EDI signature to certify receipt of the claim. The data on the claim must contain proof of the delivery of goods, and an itemized bill reflecting the services provided, with the lowest charges available for service. The TSP must be able to locate, identify, and reproduce the records in readable form without loss of clarity.

§102-118.555   Can a TSP file a supplemental administrative claim?

Yes, a TSP may file a supplemental administrative claim. Each supplemental claim must cover charges relating to one paid transportation document.

§102-118.560   What is the required format that a TSP must use to file an administrative claim?

A TSP must bill for charges claimed on a SF 1113, Public Voucher for Transportation Charges, in the manner prescribed in the “U.S. Government Freight Transportation—Handbook” or the “U.S. Government Passenger Transportation—Handbook.” To get a copy of these handbooks, you may write to:

General Services Administration

Transportation Audit Division (QMCA)

Crystal Plaza 4, Room 300

2200 Crystal Drive

Arlington, VA 22202

www.gsa.gov/transaudits

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004; 74 FR 30475, June 26, 2009]

§102-118.565   What documentation is required when filing an administrative claim?

An administrative claim must be accompanied by the transportation document, payment record, reports and information available to GSA and/or to the agency involved and the written and documentary records submitted by the TSP. Oral presentations supplementing the written record are not acceptable.

Transportation Service Provider (TSP) and Agency Appeal Procedures for Prepayment Audits

§102-118.570   If my agency denies the TSP's challenge to the statement of difference, may the TSP appeal?

Yes, the TSP may appeal if your agency denies its challenge to the statement of difference. However, the appeal must be handled at a higher level in your agency.

§102-118.575   If a TSP disagrees with the decision of my agency, can the TSP appeal?

Yes, the TSP may file a claim with the GSA Audit Division, which will review the TSP's appeal of your agency's final full or partial denial of a claim. The TSP may also appeal to the GSA Audit Division if your agency has not responded to a challenge within 30 days.

§102-118.580   May a TSP appeal a prepayment audit decision of the GSA Audit Division?

Yes, the TSP may appeal to the Civilian Board of Contract Appeals (CBCA) under guidelines established in this subpart F, or file a claim with the United States Court of Federal Claims. The TSP's request for review must be received by the CBCA in writing within 6 months (not including times of war) from the date the settlement action was taken or within the periods of limitation specified in 31 U.S.C. 3726, as amended, whichever is later. The TSP must address requests:

(a) By United States Postal Service to: Civilian Board of Contract Appeals (CBCA), 1800 F Street NW., Washington, DC 20405;

(b) In person or by courier to: Civilian Board of Contract Appeals, 6th floor, 1800 M Street NW., Washington, DC 20036;

(c) By facsimile (FAX) to: 202-606-0019; or

(d) By electronic mail to: cbca.efile@cbca.gov.

[78 FR 71529, Nov. 29, 2013]

§102-118.585   May a TSP appeal a prepayment audit decision of the CBCA?

No, a ruling by the CBCA is the final administrative remedy available and the TSP has no statutory right of appeal. This subpart governs administrative actions only and does not affect any of the TSP's rights. A TSP may still pursue a legal remedy through the courts.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

§102-118.590   May my agency appeal a prepayment audit decision of the GSA Audit Division?

No, your agency may not appeal. A GSA Audit Division decision is administratively final for your agency.

§102-118.595   May my agency appeal a prepayment audit decision by the CBCA?

No, your agency may not appeal a prepayment audit decision. Your agency must follow the ruling of the CBCA.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

Transportation Service Provider (TSP) and Agency Appeal Procedures for Postpayment Audits

§102-118.600   When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?

A TSP who disagrees with the Notice of Overcharge may submit a written request for reconsideration to the GSA Audit Division at:

General Services Administration

Transportation Audit Division (QMCA)

Crystal Plaza 4, Room 300

2200 Crystal Drive

Arlington, VA 22202

www.gsa.gov/transaudits

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004; 74 FR 30475, June 26, 2009]

§102-118.605   What if a TSP disagrees with the Notice of Indebtedness?

If a TSP disagrees with an ordinary debt, as shown on a Notice of Indebtedness, it may:

(a) Inspect and copy the agency's records related to the claim;

(b) Seek administrative review by the GSA Audit Division of the claim decision; and/or

(c) Enter a written agreement for the payment of the claims.

§102-118.610   Is a TSP notified when GSA allows a claim?

Yes, the GSA Audit Division will acknowledge each payable claim using GSA Form 7931, Certificate of Settlement. The certificate will give a complete explanation of any amount that is disallowed. GSA will forward the certificate to the agency whose funds are to be charged for processing and payment.

§102-118.615   Will GSA notify a TSP if they internally offset a payment?

Yes, the GSA Audit Division will inform the TSP if they internally offset a payment.

§102-118.620   How will a TSP know if the GSA Audit Division disallows a claim?

The GSA Audit Division will furnish a GSA Form 7932, Settlement Certificate, to the TSP explaining the disallowance.

§102-118.625   Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?

Yes, a TSP desiring a reconsideration of a settlement action may request a review by the Administrator of General Services.

§102-118.630   How must a TSP refund amounts due to GSA?

(a) TSPs must promptly refund amounts due to GSA, preferably by EFT. If an EFT is not used, checks must be made payable to “General Services Administration”, including the document reference number, TSP name, bill number(s), taxpayer identification number and standard carrier alpha code, then mailed to:

General Services Administration

P.O. Box 93746

Chicago, IL 60673

(b) If an EFT address is needed, please contact the GSA Audit Division at:

General Services Administration

Transportation Audit Division (QMCA)

Crystal Plaza 4, Room 300

2200 Crystal Drive

Arlington, VA 22202

www.gsa.gov/transaudits

Note to §102-118.630: Amounts collected by GSA are returned to the Treasurer of the United States (31 U.S.C. 3726).

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004; 74 FR 30475, June 26, 2009]

§102-118.635   Can the Government charge interest on an amount due from a TSP?

Yes, the Government can charge interest on an amount due from a TSP. This procedure is provided for under the Debt Collection Act (31 U.S.C. 3717), the Federal Claims Collection Standards (4 CFR parts 101 through 105), and 41 CFR part 105-55.

§102-118.640   If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?

GSA will pursue debt collection through one of the following methods:

(a) When an indebted TSP files a claim, GSA will apply all or any portion of the amount it determines to be due the TSP, to the outstanding balance owed by the TSP, under the Federal Claims Collection Standards (4 CFR parts 101 through 105) and 41 CFR part 105-55;

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

(c) When collection cannot be accomplished through either of the procedures in paragraph (a) or (b) of this section, GSA normally sends two additional demand letters to the indebted TSP requesting payment of the amount due within a specified time. Lacking a satisfactory response, GSA may place a complete stop order against amounts otherwise payable to the indebted TSP by adding the name of that TSP to the Department of the Army “List of Contractors Indebted to the United States”; and/or

(d) When collection actions, as stated in paragraphs (a) through (c) of this section are unsuccessful, GSA may report the debt to the Department of Justice for collection, litigation, and related proceedings, as prescribed in 4 CFR parts 101 through 105.

§102-118.645   Can a TSP file an administrative claim on collection actions?

Yes, a TSP may file an administrative claim involving collection actions resulting from the transportation audit performed by the GSA directly with the GSA Audit Division. Any claims submitted to GSA will be considered “disputed claims” under section 4(b) of the Prompt Payment Act (31 U.S.C. 3901, et seq.). The TSP must file all other transportation claims with the agency out of whose activities they arose. If this is not feasible (e.g., where the responsible agency cannot be determined or is no longer in existence) claims may be sent to the GSA Audit Division for forwarding to the responsible agency or for direct settlement by the GSA Audit Division. Claims for GSA processing must be addressed to:

General Services Administration

Transportation Audit Division (QMCA)

Crystal Plaza 4, Room 300

2200 Crystal Drive

Arlington, VA 22202

www.gsa.gov/transaudits

[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004; 74 FR 30475, June 26, 2009]

§102-118.650   Can a TSP request a review of a settlement action by the Administrator of General Services?

Yes, a TSP desiring a review of a settlement action taken by the Administrator of General Services may request a review by the Civilian Board of Contract Appeals (CBCA) or file a claim with the United States Court of Federal Claims (28 U.S.C. 1491).

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

§102-118.655   Are there time limits on a TSP request for an administrative review by the Civilian Board of Contract Appeals (CBCA)?

Yes, the CBCA must receive a request for review from the TSP within six months (not including times of war) from the date the settlement action was taken or within the periods of limitation specified in 31 U.S.C. 3726, as amended, whichever is later. Address requests:

(a) By United States Postal Service to: Civilian Board of Contract Appeals (CBCA), 1800 F Street NW., Washington, DC 20405;

(b) In person or by courier to: Civilian Board of Contract Appeals, 6th floor, 1800 M Street NW., Washington, DC 20036;

(c) By facsimile (FAX) to: 202-606-0019; or

(d) By electronic mail to: cbca.efile@cbca.gov.

[78 FR 71529, Nov. 29, 2013]

§102-118.660   May a TSP appeal a postpayment audit decision of the CBCA?

No, a ruling by the CBCA is the final administrative remedy and the TSP has no statutory right of appeal. This subpart governs administrative actions only and does not affect any rights of the TSPs. A TSP may still pursue a legal remedy through the courts.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

§102-118.665   May my agency appeal a postpayment audit decision by the CBCA?

No, your agency may not appeal a postpayment audit decision and must follow the ruling of the CBCA.

[65 FR 24569, Apr. 26, 2000, as amended at 74 FR 30476, June 26, 2009]

Transportation Service Provider (TSP) Non-Payment of a Claim

§102-118.670   If a TSP cannot immediately pay a debt, can they make other arrangements for payment?

Yes, if a TSP is unable to pay the debt promptly, the Director of the GSA Audit Division has the discretion to enter into alternative arrangements for payment.

§102-118.675   What recourse does my agency have if a TSP does not pay a transportation debt?

If a TSP does not pay a transportation debt, GSA may refer delinquent debts to consumer reporting agencies and Federal agencies including the Department of the Treasury and Department of Justice.



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