§ 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 General Services Board of Contract Appeals.
[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004] § 102-118.495 May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)?
No, your agency may not appeal a decision made by the GSBCA. § 102-118.500 How does my agency handle a volunary 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
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
www.gsa.gov/transaudits
[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004] § 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?
(a) Yes, the TSP may appeal to the GSA's Board of Contract Appeals (GSBCA), under guidelines established in this subpart, or file a claim with the United States Court of Federal Claims. The TSP's request for review must be received by the GSBCA in writing within 6 months (not including time of war) from the date the settlement action was taken or within the periods of limitation specified in 31 U.S.C. 3726, as amended, whichever is later. The TSP must address requests to:
GSA Board of Contract Appeals
1800 F Street, NW.
Room 7022
Washington, DC 20405
(b) The GSBCA will accept legible submissions via facsimile (FAX) on (202) 501–0664. § 102-118.585 May a TSP appeal a prepayment audit decision of the GSBCA?
No, a ruling by the GSBCA 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. § 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 GSBCA?
No, your agency may not appeal a prepayment audit decision. Your agency must follow the ruling of the GSBCA. 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
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
www.gsa.gov/transaudits
[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004] § 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
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
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] § 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
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
www.gsa.gov/transaudits
[65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004] § 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 GSA Board of Contract Appeals (GSBCA) or file a claim with the United States Court of Federal Claims (28 U.S.C. 1491). § 102-118.655 Are there time limits on a TSP request for an administrative review by the GSBCA?
(a) Yes, the GSBCA must receive a request for review from the TSP within six months (not including time of war) from the date the settlement action was taken or within the periods of limitation specified in 31 U.S.C. 3726, as amended, whichever is later. The request must be addressed to:
GSA Board of Contract Appeals
1800 F Street, NW.
Room 7022
Washington, DC 20405
(b) The GSBCA will accept legible submissions via facsimile (FAX) on (202) 501–0664. § 102-118.660 May a TSP appeal a postpayment audit decision of the GSBCA?
No, a ruling by the GSBCA 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. § 102-118.665 May my agency appeal a postpayment audit decision by the GSBCA?
No, your agency may not appeal a postpayment audit decision and must follow the ruling of the GSBCA. 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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