B-140095, JUL. 16, 1959

B-140095: Jul 16, 1959

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I. WHITTEN TRANSFER CO.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 30. NOTICES OF OVERPAYMENT ORDINARILY ARE NOT REVIEWABLE BY THE COMPTROLLER GENERAL. WE ARE FORWARDING YOUR LETTER TO OUR TRANSPORTATION DIVISION FOR ASSOCIATION WITH THE PERTINENT TRANSACTION AND REEXAMINATION OF THE MATTER IN THE LIGHT OF YOUR PRESENT ALLEGATIONS. IT IS POSSIBLE THAT THEIR FURTHER EXAMINATION WILL RESULT IN A SUBMISSION TO US FOR INSTRUCTIONS AS TO THE DISPOSITION OF THE MATTER. THE PROCEDURE FOR RECONSIDERATION AND REVIEW OF TRANSPORTATION CLAIM SETTLEMENTS ARE CONTAINED 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.

B-140095, JUL. 16, 1959

TO C. I. WHITTEN TRANSFER CO.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 30, 1959, PROTESTING THE AUDIT ACTION TAKEN ON THE ACCOUNT COVERED BY OUR FILE T-GAO-317828 2/58-"N"- 2000.

UNDER OUR EXISTING PROCEDURES, NOTICES OF OVERPAYMENT ORDINARILY ARE NOT REVIEWABLE BY THE COMPTROLLER GENERAL, SINCE NO FINAL ACTION, AS BY SETTLEMENT CERTIFICATE, HAS BEEN TAKEN. THEREFORE, WE ARE FORWARDING YOUR LETTER TO OUR TRANSPORTATION DIVISION FOR ASSOCIATION WITH THE PERTINENT TRANSACTION AND REEXAMINATION OF THE MATTER IN THE LIGHT OF YOUR PRESENT ALLEGATIONS. IT IS POSSIBLE THAT THEIR FURTHER EXAMINATION WILL RESULT IN A SUBMISSION TO US FOR INSTRUCTIONS AS TO THE DISPOSITION OF THE MATTER.

THE PROCEDURE FOR RECONSIDERATION AND REVIEW OF TRANSPORTATION CLAIM SETTLEMENTS ARE CONTAINED IN TITLE 4 OF THE CODE OF FEDERAL REGULATIONS, 1958 SUPPLEMENT, SUBCHAPTER D, PART 55. FOR YOUR INFORMATION WE QUOTE SECTIONS 55.1 AND 55.2:

"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 TAKEN.'

IN INSTANCES WHERE FINAL ACTION, AS BY SETTLEMENT CERTIFICATE, HAS BEEN ACCOMPLISHED, WE WILL BE IN A POSITION TO CONSIDER A REQUEST FOR REVIEW AS TO THE PROPRIETY OF THE SETTLEMENT ACTION. YOUR REQUEST FOR REVIEW SHOULD INCLUDE REFERENCE TO PARTICULAR BILL NUMBERS, GOVERNMENT DISBURSING OFFICER VOUCHER NUMBERS, BILLS OF LADING, AND OTHER RELEVANT INFORMATION.