B-136546, JUL. 11, 1958
Highlights
TO CAROLINA FREIGHT CARRIERS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JUNE 20. UNDER OUR EXISTING PROCEDURES NOTICES OF OVERPAYMENT ARE NOT ORDINARILY REVIEWABLE BY THE COMPTROLLER GENERAL. PROCEDURES FOR PROTESTING NOTICES OF OVERPAYMENT ARE OUTLINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS. IT IS NOT SUFFICIENT THAT A CARRIER MERELY PROTEST IN SO MANY WORDS. EACH PROTEST SHOULD SET FORTH FULLY THE BASIS RELIED UPON TO SUPPORT THE CARRIER'S POSITION AND THERE SHOULD BE FURNISHED ORIGINALS OR CERTIFIED COPIES OF ANY ADDITIONAL DOCUMENTS WHICH ARE RELIED UPON TO FURTHER SUBSTANTIATE THE PROTEST. UNSUBSTANTIATED PROTESTS OR REPETITIOUS PROTESTS OF THE SAME ITEM TO WHICH CONSIDERATION HAS PREVIOUSLY BEEN ACCORDED WILL BE INEFFECTIVE FOR THAT PURPOSE.
B-136546, JUL. 11, 1958
TO CAROLINA FREIGHT CARRIERS CORPORATION:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 20, 1958, WITH ENCLOSURES, YOUR CLAIM NO. 058-360, PRO.NO. 992084, IN WHICH YOU REQUEST REVIEW, BY THE COMPTROLLER GENERAL, OF THE GENERAL ACCOUNTING OFFICE NOTICE OF OVERPAYMENT (FORM 1003) STATED AGAINST YOUR COMPANY ON GOVERNMENT BILL OF LADING WY-5239082.
UNDER OUR EXISTING PROCEDURES NOTICES OF OVERPAYMENT ARE NOT ORDINARILY REVIEWABLE BY THE COMPTROLLER GENERAL. SEE OUR LETTER TO YOU OF MAY 12, 1958, B-135992, RELATIVE TO YOUR CLAIM 058-8, WHEREIN WE SET OUT THE BASIS FOR REVIEW BY THE COMPTROLLER GENERAL IN TRANSPORTATION MATTERS. PROCEDURES FOR PROTESTING NOTICES OF OVERPAYMENT ARE OUTLINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS, 1957 SUPPLEMENT, SUBCHAPTER D, PART 53. FOR YOUR READY REFERENCE WE QUOTE SECTION 53.2 THEREOF:
"PROTESTS TO STATED OVERPAYMENTS. WHILE EACH NOTICE OF OVERPAYMENT REQUESTS PROMPT REFUND OF AMOUNTS DETERMINED TO BE DUE THE UNITED STATES, CARRIERS MAY ON OCCASION DISAGREE IN WHOLE OR IN PART WITH THE AMOUNT CLAIMED TO BE DUE. IN SUCH INSTANCES, A LETTER OF PROTEST MAY BE SUBMITTED TO THE TRANSPORTATION DIVISION, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., ACCOMPANIED BY A CHECK FOR THE AMOUNT CONSIDERED TO BE PROPERLY DUE THE UNITED STATES. IT IS NOT SUFFICIENT THAT A CARRIER MERELY PROTEST IN SO MANY WORDS; EACH PROTEST SHOULD SET FORTH FULLY THE BASIS RELIED UPON TO SUPPORT THE CARRIER'S POSITION AND THERE SHOULD BE FURNISHED ORIGINALS OR CERTIFIED COPIES OF ANY ADDITIONAL DOCUMENTS WHICH ARE RELIED UPON TO FURTHER SUBSTANTIATE THE PROTEST. WHILE PROMPT SUBMISSION OF A PROPER PROTEST HAS THE EFFECT OF DEFERRING COLLECTION ACTION, UNSUBSTANTIATED PROTESTS OR REPETITIOUS PROTESTS OF THE SAME ITEM TO WHICH CONSIDERATION HAS PREVIOUSLY BEEN ACCORDED WILL BE INEFFECTIVE FOR THAT PURPOSE. UPON RECEIPT IN THE GENERAL ACCOUNTING OFFICE, EACH LETTER OF PROTEST IS ACKNOWLEDGED; WHEN THE MATTERS INVOLVED HAVE BEEN FULLY CONSIDERED, THE CARRIER IS ADVISED OF THE ACTION TAKEN.'
ACCORDINGLY, WE ARE REFERRING YOUR REQUEST TO OUR TRANSPORTATION DIVISION FOR THEIR HANDLING.