B-152529, OCT. 14, 1963

B-152529: Oct 14, 1963

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TO CAROLINA FREIGHT CARRIERS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17. SO FAR AS DISCLOSED BY THE PRESENT RECORD THE PAYMENT OF THE CHARGES IN THIS CASE WAS NOT MADE TO YOU. WE DEAL ONLY WITH THE CARRIER TO WHOM PAYMENT IS MADE. THE PROCEDURE FOR OBTAINING REVIEW IN EITHER INSTANCE IS GOVERNED BY THE FOLLOWING REGULATIONS. FACTUAL DATA AND FURNISH SUCH ADDITIONAL INFORMATION AND DOCUMENTATION AS IS RELIED UPON TO RAISE SUBSTANTIVE DOUBT AS TO THE CLAIM SETTLEMENT ACTION.'. UNTIL A REQUEST FOR RECONSIDERATION OF AN AUDIT ACTION OR A FINAL ACTION BY THE TRANSPORTATION DIVISION IS RECEIVED FROM THE PARTY AGAINST WHOM SUCH AUDIT OR FINAL ACTION HAS BEEN TAKEN.

B-152529, OCT. 14, 1963

TO CAROLINA FREIGHT CARRIERS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1963, FILE T-GAO 395911 2/62 A PRO 141754, BOSS LINCO 62-K-15, CFCC NO. 062-1488, REQUESTING REVIEW OF THE FINAL ACTION TAKEN BY OUR TRANSPORTATION DIVISION IN A CASE REFERRED TO BY YOU AS BOSS LINCO CLAIM 62-K-15. WE REFER THE MATTER TO THE TRANSPORTATION DIVISION FOR A REPORT AND FOUND THAT NO FINAL ACTION HAS BEEN TAKEN AT THIS TIME.

SO FAR AS DISCLOSED BY THE PRESENT RECORD THE PAYMENT OF THE CHARGES IN THIS CASE WAS NOT MADE TO YOU, AND, GENERALLY, WE DEAL ONLY WITH THE CARRIER TO WHOM PAYMENT IS MADE. HOWEVER, AS A MATTER OF INFORMATION, WHEN A CARRIER TO WHOM PAYMENT OF CHARGES FOR TRANSPORTATION SERVICES HAS BEEN MADE DISAGREES WITH THE AUDIT ACTION TAKEN BY THE TRANSPORTATION DIVISION OF THE GENERAL ACCOUNTING OFFICE, THE PROCEDURE FOR OBTAINING REVIEW IN EITHER INSTANCE IS GOVERNED BY THE FOLLOWING REGULATIONS.

TITLE 4 OF THE CODE OF FEDERAL REGULATION, PART 55, OUTLINES THE PROPER PROCEDURE TO BE FOLLOWED IN THESE SITUATIONS. SECTION 55.1 PROVIDES:

"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.'

SECTION 55.2 PROVIDES:

"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, .C., AND SHOULD SET FORTH IN DETAIL THE LEGAL, TECHNICAL, AND FACTUAL REASONS URGED AS WARRANTING REVISION OF THE ACTION TAKEN.'

THEREFORE, UNTIL A REQUEST FOR RECONSIDERATION OF AN AUDIT ACTION OR A FINAL ACTION BY THE TRANSPORTATION DIVISION IS RECEIVED FROM THE PARTY AGAINST WHOM SUCH AUDIT OR FINAL ACTION HAS BEEN TAKEN, NO RECONSIDERATION BY THE TRANSPORTATION DIVISION NOR REVIEW BY THE COMPTROLLER GENERAL MAY BE GRANTED UNDER THE FOREGOING REGULATIONS.