However, a claimant may file a claim direct with the Transportation Division, General Accounting Office, particularly if the applicable statutory period of limitation is about to expire. Further,

transportation claims arising out of collections effected as a result of action by the General Accounting Office should be forwarded directly to the Transportation Division, U.S. General Accounting Office, Washington, D.C., 20548.

[24 F.R. 8602, Oct. 23, 1959]

§ 54.6a Statutory limitations on filing claims in the General Accounting Office.

(a) Three year statute of limitations. 49 U.S.C. 66 imposes a three-year limitation on the filing of claims cognizable by the General Accounting Office when such claims involve charges for transportation within the purview of that section. Claims in this category are those which involve transportation charges based upon tariffs lawfully on file with the Interstate Commerce Commission and the Civil Aeronautics Board or which involve rates, fares, and charges established pursuant to section 22 of the Interstate Commerce Act, 49 U.S.C. 22. The filing of a claim with some other agency of the Government will not meet the requirements of this statute; the claim must be received in the General Accounting Office within three years after the date such claim first accrued.

(b) Ten year statute of limitations. 31 U.S.C. 71a(1) imposes a ten year limitation on the filing of claims cognizable by the General Accounting Office under 31 U.S.C. 71 and 236. This limitation applies to all claims involving charges for transportation other than those claims covered by 49 U.S.C. 66 (see paragraph (a) of this section). The filing of a claim with some other agency will not meet the requirements of this statute; the claim must be received in the General Accounting Office within ten years after the date such claim first accrued. (Secs. 1, 2, 54 Stat. 1061, 31 U.S.C. 71a, and sec. 2, 72 Stat. 860, 49 U.S.C. 66) [24 F.R. 8602, Oct. 23, 1959]

ACKNOWLEDGMENT OF CLAIMS AND INQUIRIES WITH RESPECT TO THEM

§ 54.7 Acknowledgments.

Claimants are advised of the claim number assigned to each claim received in the Transportation Division, General Accounting Office.

§ 54.8 Inquiries by claimants.

Every effort is made to adjudicate claims as soon as practicable, and claimants are requested to withhold inquiries for at least six months after receipt of acknowledgments from the General Accounting Office.

BASIS AND PROCESSING OF CLAIM
SETTLEMENTS

§ 54.9 Basis of claim settlements.

Claims are settled on the basis of the contract of carriage as evidenced by the bill of lading, transportation request, or other contractual agreement; the payment record; reports as required from a Government department or agency; information available in the General Accounting Office; and the written and documentary record submitted by the claimant. Oral presentations are not acceptable to supplement the written record. The adjudication and settlement of claims is founded on the determination of the legal liability of the United States under the factual situation disclosed by the record. The burden is on a claimant to establish the clear liability of the United States and the claimant's right to payment.

§ 54.10 Processing claims certified for payment in full or in part.

When it is determined that all or any part of a claim is proper for allowance, the amount allowed is certified in the Transportation Division, General Accounting Office, on a Certificate of Settlement, GAO Form 39, and a complete explanation is furnished on this form as to any amount disallowed. Such certificates are forwarded to the proper administrative agency or department for payment or processing through its records and for scheduling to the proper disbursing officer for prompt payment. An advance notice of settlement of a claim is forwarded by the Transportation Division, General Accounting Office, to the claimant at the time the certificate is forwarded to the administrative agency. § 54.11

Notice of claims wholly disallowed.

When a claim is wholly disallowed, the claimant is advised by a Settlement Certificate, GAO Form 44, which furnishes a complete explanation of the reasons for the action taken.

on such other forms need no longer be executed. However, the elimination of this requirement does not dispense with the necessity for the specific certification of facts required by certain contracts.

(b) The omission of the certificate from bills or invoices submitted for payment to Government agencies does not in any manner lessen the responsibility of contractors and vendors in complying with all statutory requirements applicable to transactions with the Government, nor will it be construed as mitigating their liability for asserting false, fictitious, or fraudulent claims against the United States, penalties for which are set forth in 18 U.S.C. 287.

(Sec. 311, 42 Stat. 24, as amended, sec. 309, 42 Stat. 25; 31 U.S.C. 52, 49) [22 F.R. 10906, Dec. 28, 1957]

§ 81.1

Preservation of records.

All documents and papers of whatever nature of the General Accounting Office, wherever they may be located, consisting of contracts, accounts current, statements of account, vouchers, schedules, and other documents supporting accounts of accountable officers, which are required by law to be rendered to the General Accounting Office, claims and documents supporting claims by or against the United States, and all other documents or papers forming a part of the records in its legal or physical custody or control shall be preserved by or for this Office in accordance with established retention standards.

§ 81.3

Unlawful destruction or alienation of records.

Records of the General Accounting Office shall not be alienated; nor shall they be destroyed except in accordance with the provisions of the act of July 7, 1943, as amended, 44 U.S.C. 366-376 and 378-380, and then only upon the specific approval of the Administrative Officer or the Chief, Records Management and Services Branch, Office of Administrative Services, General Accounting Office. (Sec. 2071, 62 Stat. 795; 18 U. S. C. 2071) § 81.4 Access to records.

No persons other than officials and employees of the General Accounting Office and others authorized by law, in the regular discharge of their official duties, shall be allowed access to or furnished information from the files and records of the General Accounting Office, wherever such records may be located, except as hereinafter provided. In no case shall information be given that may be made the basis of a claim against the United States, except in the proper discharge of official duties.

§ 81.5 Examination of records.

Where records are held for the General Accounting Office at the site for audit or in Federal Records Centers after audit, claimants and other persons having a direct and immediate interest in the transaction, or their duly authorized legal representatives, may be permitted to examine applicable records under proper supervision and upon a satisfactory showing of the reasons for the examination. Requests for examination of any records under the jurisdiction of the General Accounting Office wherever located should be addressed to:

Chief, Records Management and Services Branch, Office of Administrative Services, U.S. General Accounting Office, Washington, D.C., 20548.

§ 81.6 Removal of original records.

Original records of the General Accounting Office shall not be removed from their designated locations for use outside the General Accounting Office when copies will serve the required pur

pose. When it is impracticable to furnish copies, original records will be made available for examination in the custody of a responsible employee of the General Accounting Office or may be loaned, when necessary, to proper officials of other Government agencies by the Administrative Officer or the Chief, Records Management and Services Branch. However, the Finance Centers of the Departments of the Air Force, Army, and Navy and the Disbursing Division, Headquarters, U. S. Marine Corps, may continue to have access to and use of original documents on file in the Air Force, Army, Navy, and Marine Corps Audit Branches and in the Debt Section of the Claims Division at Indianapolis, under existing procedures.

§ 81.7 Prohibitions upon borrowers.

When original documents are loaned to other Government agencies, they will be transmitted by letter reciting the conditions and prohibitions imposed upon the borrower, a copy of which will be receipted and returned. The letters will include a description of the loaned documents in detail, an acknowledgment of accountability therefor, and the responsibility for their timely return to their designated locations.

§ 81.8 Control of loaned original docu

ments.

A photostatic copy of loaned original records will be placed in the file until the originals have been returned. When it is necessary to transmit loaned documents through the mails they will be sent by registered mail, a return receipt will be requested, and the documents will be returned by registered mail.

§ 81.9 Marking or altering of loaned documents.

Original documents which are loaned to other Government agencies or presented for examination must not be marked or altered, or their value as evidence impaired, destroyed, or otherwise affected. Such documents will not be presented as evidence or otherwise used in any manner by reason of which they may lose their identity as official records of the General Accounting Office.

§ 81.10

Certified copies of records.

Upon request, the Records Management and Services Branch, Office of Administrative Services, will furnish certified copies of documents where required, including those requested pursuant to section 3 of the Miller Act, 40 U.S.C. 270 (c), to proper parties in interest or their authorized attorneys or representatives. § 81.11 Uncertified copies of records and information from records. Requests for copies of books, records, papers, or documents, and transcripts of or information from the books and proceedings of the General Accounting Office for use outside the General Accounting Office by proper parties in interest or their authorized attorneys or representatives should be addressed to:

Chief, Records Management and Services Branch, Office of Administrative Services, U.S. General Accounting Office, Washington, D.C., 20548.

except as provided in paragraphs (a) and (b) of this section.

(a) In cases relating to records included in accounts which are assigned for audit by the Air Force Audit Branch, U. S. General Accounting Office, 3800 York Street, Denver 5, Colorado; the Army Audit Branch, U. S. General Accounting Office, Fort Benjamin Harrison, Indianapolis 49, Indiana; the Navy Audit Branch, U. S. General Accounting Office, 1901 East 13th Street, Cleveland 14, Ohio; and the Marine Corps Audit Branch, U. S. General Accounting Office, Building 213, Naval Gun Factory, Washington 25, D. C.; the requests will be forwarded to the pertinent Audit Branch.

(b) Requests relating to freight or passenger transportation records should be addressed to:

Transportation Division, U. S. General Accounting Office, Washington, D.C., 20548. § 81.12

Court requests and subpoenas. Whenever the originals of any documents of the General Accounting Office, wherever located, or copies or transcripts of records are desired by or on behalf of private parties to a suit in any court, they will be made available only to the court, and only in response to a subpoena or request from the court, which should