B-190328, JUN 12, 1978
Highlights
WILL BE RETURNED TO THE BILLING CARRIER. NRFC POINTS OUT THAT AVIANCA IS NOT A UNITED STATES-FLAG AIR CARRIER AND THAT THE 284-POUND SHIPMENT OF PERSONAL EFFECTS WAS NOT HANDLED IN ACCORDANCE WITH SECTION 5 OF THE INTERNATIONAL AIR TRANSPORTATION FAIR COMPETITIVE PRACTICES ACT OF 1974. WHICH REQUIRES THE USE OF UNITED STATES- FLAG AIR CARRIERS TO TRANSPORT GOVERNMENT FINANCED SHIPMENTS OF PROPERTY TO THE EXTENT THAT THEY ARE "AVAILABLE.". WAS ROUTED DELTA AIRLINES TO WASHINGTON. PAN AMERICAN DID NOT HAVE AUTHORITY TO SERVE PARIS. ALTHOUGH IT DID HAVE AUTHORITY LESS THAN A YEAR BEFORE. WE NEED NOT NOW DECIDE WHETHER THESE OTHER CARRIERS WERE "AVAILABLE" UNDER THE FLY AMERICA ACT TO ACCOMPLISH THE GOVERNEMNT'S MISSION OF MOVING THE PERSONAL EFFECTS.
B-190328, JUN 12, 1978
DIGEST: REGULATIONS IN 4 C.F.R. PART 52 IMPLEMENTING SECTION 5 OF THE FLY AMERICA ACT REQUIRE AS A CONDITION PRECEDENT TO PAYMENT OF BILLS INVOLVING A NON- UNITED STATES-FLAG AIR CARRIER THAT THERE BE A CERTIFICATE JUSTIFYING THE USE ON NON-UNITED STATES-FLAG AIR CARRIERS. BILLS WITHOUT JUSTIFICATION CERTIFICATES, WILL BE RETURNED TO THE BILLING CARRIER.
AVIANCA INC.:
THE DISBURSING OFFICER FOR THE NAVY REGIONAL FINANCE CENTER (NRFC), WASHINGTON, D.C., SENT HERE FOR AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYING AVIANCA INC.'S ORIGINAL BILL NO. 10823 FOR $354.15 FOR AIR TRANSPORTATION SERVICES. NRFC POINTS OUT THAT AVIANCA IS NOT A UNITED STATES-FLAG AIR CARRIER AND THAT THE 284-POUND SHIPMENT OF PERSONAL EFFECTS WAS NOT HANDLED IN ACCORDANCE WITH SECTION 5 OF THE INTERNATIONAL AIR TRANSPORTATION FAIR COMPETITIVE PRACTICES ACT OF 1974, PUB. L. 93-623, 49 U.S.C. 1517 (FLY AMERICA ACT), WHICH REQUIRES THE USE OF UNITED STATES- FLAG AIR CARRIERS TO TRANSPORT GOVERNMENT FINANCED SHIPMENTS OF PROPERTY TO THE EXTENT THAT THEY ARE "AVAILABLE."
THE SHIPMENT MOVED ON A GOVERNMENT BILL OF LADING (GBL) FROM VALDOSTA, GEORGIA, TO PARIS, FRANCE, AND WAS ROUTED DELTA AIRLINES TO WASHINGTON, D.C., AND PAN AMERICAN WORLD AIRWAYS, INC., BEYOND. AT THE TIME THE SHIPMENT MOVED, PAN AMERICAN DID NOT HAVE AUTHORITY TO SERVE PARIS, ALTHOUGH IT DID HAVE AUTHORITY LESS THAN A YEAR BEFORE. IT APPEARS THAT PAN AMERICAN TRANSPORTED THE SHIPMENT FROM WASHINGTON TO FRANKFURT, GERMANY, AND THERE INTERLINED IT WITH AVIANCA FOR TRANSPORTATION TO PARIS.
ALTHOUGH WHEN THIS SHIPMENT MOVED UNITED STATES-FLAG AIR CARRIERS OTHER THAN PAN AMERICAN FLEW BETWEEN WASHINGTON AND PARIS, WE NEED NOT NOW DECIDE WHETHER THESE OTHER CARRIERS WERE "AVAILABLE" UNDER THE FLY AMERICA ACT TO ACCOMPLISH THE GOVERNEMNT'S MISSION OF MOVING THE PERSONAL EFFECTS. REGULATIONS IMPLEMENTING THE ACT APPEAR IN 4 C.F.R. PART 52 AND REQUIRE EACH BILL FOR PAYMENT OF INTERNATIONAL AIR TRANSPORTATION SERVICES INVOLVING A NON-UNITED STATES-FLAG AIR CARRIER TO BE SUPPORTED BY A CERTIFICATE SIGNED BY A GOVERNMENT REPRESENTATIVE WHICH EXPLAINS WHY A NON -UNITED STATES-FLAG AIR CARRIER WAS USED. THE REGULATIONS ALSO PROVIDE THAT IT IS THE BILLING CARRIER'S RESPONSIBILITY TO OBTAIN THE CERTIFICATE. THERE IS NO CERTIFICATE ACCOMPANYING AVIANCA'S BILL. AND WITHOUT THE CERTIFICATE, AVIANCA CANNOT BE PAID FOR THE SERVICES FURNISHED BY A NON-AMERICAN-FLAG AIR CARRIER.
THE DISBURSING OFFICER SHOULD RETURN AVIANCA'S BILL AND ACCOMPANYING DOCUMENTATION AND REQUEST THAT THE PERTINENT REGULATIONS BE COMPLIED WITH. AVIANCA SHOULD TRY TO OBTAIN THE NECESSARY CERTIFICATE FROM THE GOVERNMENT OFFICIAL THAT ISSUED THE GBL, RESUBMIT THE BILL TO NRFC WHICH MAY PAY THE AMOUNT OF THE BILL, IF IT IS OTHERWISE PAYABLE UNDER THE FLY AMERICA ACT. SEE 56 COMP.GEN. 209 (1977).