B-195416 L/M, JAN 9, 1981
Highlights
WHICH IS ENTITLED. EVERY CLAIM COGNIZABLE BY THE GENERAL SERVICES ADMINISTRATION FOR CHARGES FOR TRANSPORTATION WITHIN THE PURVIEW OF THIS SECTION IS FOREVER BARRED UNLESS THE CLAIM IS RECEIVED BY THE GENERAL SERVICES ADMINISTRATION. WHICHEVER IS LATER.". LESS THAN 3 YEARS AFTER A SUBSEQUENT REFUND OR OVERPAYMENT IS MADE TO THE CARRIER?". SINCE THE CARRIER HAS ALREADY BEEN PAID MORE THAN WAS DUE. THIS WAS THE SUBJECT OF YOUR LETTER OF SEPTEMBER 3. THAT YOU HAVE RECEIVED AND UNDERSTAND OUR LETTER OF OCTOBER "25TH. PRESUMABLY YOUR REFERENCE IS TO OUR LETTER OF OCTOBER 15. THIS WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 12. THIS WAS ALSO THE SUBJECT OF OUR DECISION. WE HOPE THAT THIS WILL ANSWER YOUR QUESTION.
B-195416 L/M, JAN 9, 1981
OFFICE OF GENERAL COUNSEL
A & B AUDIT SERVICES, INC.:
ATTENTION: DOUGLAS B. BARNES PRESIDENT
BY YOUR LETTER OF OCTOBER 31, 1980, YOU FURNISHED A COPY OF THE GENERAL SERVICES ADMINISTRATION'S (GSA) FORM 7931. THAT FORM, WHICH IS ENTITLED, "ADVICE OF PAYMENT OF SETTLEMENT AND CHECK TRANSMITTAL," PROVIDES, IN PERTINENT PART, AS FOLLOWS:
"IN ACCORDANCE WITH THE PROVISIONS OF SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED (49 U.S.C. 66), EVERY CLAIM COGNIZABLE BY THE GENERAL SERVICES ADMINISTRATION FOR CHARGES FOR TRANSPORTATION WITHIN THE PURVIEW OF THIS SECTION IS FOREVER BARRED UNLESS THE CLAIM IS RECEIVED BY THE GENERAL SERVICES ADMINISTRATION, OR BY ITS DESIGNEE (THE AGENCY OUT OF WHOSE ACTIVITIES THE CLAIM AROSE), WITHIN 3 YEARS FROM THE DATE OF (1) ACCRUAL OF THE CAUSE OF ACTION THEREON, OR (2) PAYMENT OF CHARGES FOR THE TRANSPORTATION INVOLVED, OR (3) SUBSEQUENT REFUND FOR OVERPAYMENT OF SUCH CHARGES, OR (4) DEDUCTION MADE PURSUANT TO THIS SECTION, WHICHEVER IS LATER."
YOUR LETTER STATES THAT WITHOUT BENEFIT OF OUR LETTERS YOU WOULD INTERPRET THIS WORDING TO THE EFFECT THAT PARAGRAPH (3) AND PARAGRAPH (4) EXTEND THE 3-YEAR STATUTORY PERIOD WITHOUT MONETARY LIMITATION. HOWEVER, YOU UNDERSTAND FROM OUR CORRESPONDENCE THAT WHEN PROVISION (4) APPLIES, A CLAIM CAN ONLY BE HONORED UP TO THE AMOUNT OF THE DEDUCTION. YOU ASK:
"WHAT HAPPENS WHEN PROVISION (3) APPLIES AND THE CARRIER HAS RECEIVED A SUBSEQUENT REFUND FOR OVERPAYMENT OF TRANSPORTATION CHARGES? WOULD ANY CLAIM BE HONORED WHEN THE CLAIM IF FILED MORE THAN 3 YEARS AFTER THE PAYMENT OF TRANSPORTATION CHARGES, BUT LESS THAN 3 YEARS AFTER A SUBSEQUENT REFUND OR OVERPAYMENT IS MADE TO THE CARRIER?"
THE FIRST QUESTION APPEARS TO BE MISSTATED. A "CARRIER" DOES NOT "RECEIVE" A SUBSEQUENT REFUND FOR AN OVERPAYMENT OF FREIGHT CHARGES, SINCE THE CARRIER HAS ALREADY BEEN PAID MORE THAN WAS DUE. THIS PROVISION RELATES TO A REFUND MADE BY A CARRIER FOR AN OVERCHARGE ASSERTED BY THE GOVERNMENT. THIS WAS THE SUBJECT OF YOUR LETTER OF SEPTEMBER 3, 1980, AND OF OUR REPLY TO YOU OF OCTOBER 15, 1980, B-195416. YOU STATE, IN YOUR LETTER, THAT YOU HAVE RECEIVED AND UNDERSTAND OUR LETTER OF OCTOBER "25TH," WHICH MAKES REFERENCE TO OUR FILE B-195416. SINCE THERE HAS BEEN NO LETTER OF OCTOBER 25, PRESUMABLY YOUR REFERENCE IS TO OUR LETTER OF OCTOBER 15.
IF, HOWEVER, YOUR QUESTION CONCERNS THE EFFECT OF A SUPPLEMENTAL PAYMENT ON A LATER CLAIM PRESENTED MORE THAN 3 YEARS AFTER THE ORIGINAL PAYMENT BUT LESS THAN 3 YEARS AFTER THE SUPPLEMENTAL PAYMENT, THIS WAS THE SUBJECT OF OUR DECISION OF SEPTEMBER 12, 1963, 43 COMP.GEN. 252, COPY ENCLOSED. WE HELD THAT THE PAYMENT OF A CARRIER'S SUPPLEMENTAL BILL DID NOT EXTEND THE STATUTE OF LIMITATIONS. THIS WAS ALSO THE SUBJECT OF OUR DECISION, B-182235 OF OCTOBER 9, 1974, COPY ENCLOSED, IN WHICH WE FOLLOWED 43 COMP.GEN. 252.
WE HOPE THAT THIS WILL ANSWER YOUR QUESTION.