B-136277, JUN. 25, 1958

B-136277: Jun 25, 1958

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TO ILLINOIS CENTRAL RAILROAD: WE HAVE YOUR LETTER OF MAY 22. YOUR LETTER IS BEING SENT TO THE TRANSPORTATION DIVISION FOR CONSIDERATION AND REVIEW IN THE LIGHT OF YOUR ALLEGATION. PROCEDURES FOR RECONSIDERATION AND REVIEW OF TRANSPORTATION CLAIM SETTLEMENTS ARE OUTLINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS. FACTUAL DATA AND FURNISH SUCH ADDITIONAL INFORMATION AND DOCUMENTATION AS IS RELIED UPON TO RAISE SUBSTANTIVE DOUBT AS TO THE CLAIM SETTLEMENT ACTION. "55.2 REVIEW BY THE COMPTROLLER GENERAL OF THE UNITED STATES. IF THERE IS A SPECIFIC INSTANCE IN WHICH "FINAL ACTION. WE WILL GIVE CONSIDERATION TO A REQUEST FOR REVIEW AS TO THE PROPRIETY OF THE ACTION TAKEN.

B-136277, JUN. 25, 1958

TO ILLINOIS CENTRAL RAILROAD:

WE HAVE YOUR LETTER OF MAY 22, 1958, FILE G-AFR-42074-R, PROTESTING THE RATE BASIS BEING USED BY OUR TRANSPORTATION DIVISION ON NOTICES OF OVERPAYMENT (USGAO FORMS 1003) SENT TO YOUR COMPANY, AND REQUESTING OUR REVIEW OF THAT ACTION.

SINCE IT DOES NOT APPEAR THAT SETTLEMENT ACTION HAS BEEN TAKEN IN THIS MATTER, YOUR LETTER IS BEING SENT TO THE TRANSPORTATION DIVISION FOR CONSIDERATION AND REVIEW IN THE LIGHT OF YOUR ALLEGATION. PROCEDURES FOR RECONSIDERATION AND REVIEW OF TRANSPORTATION CLAIM SETTLEMENTS ARE OUTLINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS, 1957 SUPPLEMENT, SUBCHAPTER B, PART 55. FOR YOUR INFORMATION WE QUOTE SECTIONS 55.1 AND 55.2 THEREOF:

"55.1 PROTEST TO SETTLEMENT ACTION. IF A CLAIMANT DISAGREES WITH THE ACTION TAKEN BY THE TRANSPORTATION DIVISION UPON ITS CLAIM, A LETTER MAY BE ADDRESSED TO THE DIRECTOR, TRANSPORTATION DIVISION, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., REQUESTING RECONSIDERATION OF SUCH ACTION. SUCH LETTERS SHOULD SET FORTH IN DETAIL THE LEGAL, TECHNICAL, AND FACTUAL DATA AND FURNISH SUCH ADDITIONAL INFORMATION AND DOCUMENTATION AS IS RELIED UPON TO RAISE SUBSTANTIVE DOUBT AS TO THE CLAIM SETTLEMENT ACTION.

"55.2 REVIEW BY THE COMPTROLLER GENERAL OF THE UNITED STATES. IF THE CLAIMANT DESIRES A REVIEW OF THE FINAL ACTION TAKEN BY THE TRANSPORTATION DIVISION UPON SETTLEMENT, HE MAY REQUEST REVIEW BY THE COMPTROLLER GENERAL. THE REQUEST SHOULD BE ADDRESSED TO THE COMPTROLLER GENERAL OF THE UNITED STATES, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., AND SHOULD SET FORTH IN DETAIL THE LEGAL, TECHNICAL, AND FACTUAL REASONS URGED AS WARRANTING REVISION OF THE ACTION EN.'

IF THERE IS A SPECIFIC INSTANCE IN WHICH "FINAL ACTION," AS BY SETTLEMENT CERTIFICATE, HAS BEEN ACCOMPLISHED, WE WILL GIVE CONSIDERATION TO A REQUEST FOR REVIEW AS TO THE PROPRIETY OF THE ACTION TAKEN. SUCH REQUEST SHOULD INCLUDE REFERENCES TO A PARTICULAR BILL NUMBER, GOVERNMENT DISBURSING OFFICER VOUCHER NUMBER, BILL OF LADING, ETC. ..END :