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be directed to the Comptroller General of the United States and served upon the Chief, Records Management and Services Branch, Office of Administrative Services, U. S. General Accounting Office, Washington, D.C., 20548. & 81.13 Examination of original docu.

ments. Original documents may be presented for examination but must 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. They must not be marked or altered, or their value as evidence impaired, destroyed, or otherwise affected. § 81.14 Use of certified copies.

In lieu of the original records, certified copies will be presented for evidentiary purposes since they are considered as competent evidence equally with the originals (31 U. S. C. 46). Where copies of records are requested, certified copies will be furnished. $ 81.15 Schedule of rates.

(a) Charges for furnishing copies of official records or certifications of authenticity will be made in accordance with the following schedule of rates:

(1) 50 cents for each photostatic sheet of checks, contracts, bonds, vouchers, and other documents, except that for copies of contracts or other multiple sheet documents furnished the charge will be 50 cents for each of the first four sheets and 25 cents for each sheet furnished in addition thereto;

(2) $1.00 for each certification of authenticity of copies of records;

(3) $1.00 for each certification of the date of final settlement of a contract pursuant to section 3 of the Miller Act, 40 U.S. C. 270c;

(4) No charge will be made for copies of records or certifications of authenticity furnished for oficial use to any court or an officer of any branch of the United States Government.

(b) Letters in response to requests for copies of documents or certifications will include the statement of charges that have been assessed or refunds which may be due.


Part 101 102 103 104 105

Scope of standards.
Standards for the administrative collection of claims.
Standards for the compromise of claims.
Standards for suspending or terminating collection action.
Referrals to GAO or for litigation.

PART 101-SCOPE OF STANDARDS of fraud, the presentation of a false

claim, or misrepresentation on the part Sec.

of the debtor or any other party having 101.1 Prescription of standards. 101.2 Omissions not a defense.

an interest in the claim, or to any claim 101.3 Fraud, antitrust, and tax claims based in whole or in part on conduct in excluded.

violation of the antitrust laws. Only the 101.4 Compromise, waiver, or disposition Department of Justice has authority to

under other statutes not precluded. compromise or terminate collection ac101.5 Conversion claims.

tion on such claims. However, matters 101.6 Subdivision of claims not authorized.

submitted to the Department of Justice 101.7 Required administrative proceedings.

for consideration without compliance 101.8 Referral for litigation.

with the regulations in this chapter beAUTHORITY: The provisions of this Part

cause there is an indication of fraud, the 101 issued under sec. 3, 80 Stat. 309; 31 U.S.C.

presentation of a false claim, or misrep952.

resentation on the part of the debtor or SOURCE: The provisions of this Part 101

any other party having an interest in the appear at 31 F.R. 13381, Oct. 15, 1966, unless

claim, may be returned to the agency forotherwise noted.

warding them for further handling in

accordance with the regulations in this § 101.1 Prescription of standards.

chapter if it is determined that action The regulations in this chapter, issued based upon the alleged fraud, false claim, jointly by the Comptroller General of the or misrepresentation is not warranted. United States and the Attorney General Tax claims, as to which differing exempof the United States under section 3 of tions, administrative consideration, enthe Federal Claims Collection Act of forcement considerations, and statutes 1966, 80 Stat. 309, prescribe standards for apply, are also excluded from the coverthe administrative collection, compro- age of this chapter. mise, termination of agency collection action, and the referral to the General

§ 101.4 Compromise, waiver, or dispo

sition under other statutes not preAccounting Office, and the Depart

cluded. ment of Justice for litigation, of civil claims by the Federal Government for

Nothing contained in this chapter is money or property. Regulations pre

intended to preclude agency disposition scribed by the head of an agency pur

of any claim under statutes other than suant to section 3 of the Federal Claims

the Federal Claims Collection Act of 1966, Collection Act of 1966 will be reviewed

80 Stat. 308, providing for the comproby the General Accounting Office as a

mise, termination of collection action, or part of its audit of the agency's activities.

waiver in whole or in part of such a

claim. See, e.g., "The Federal Medical § 101.2 Omissions not a defense.

Care Recovery Act,” 76 Stat. 593, 42 The standards set forth in this chapter

U.S.C. 2651, et seq., and applicable regushall apply to the administrative han- lations, 28 CFR 43.1, et seq. The standdling of civil claims of the Federal Gov- ards set forth in this chapter should be ernment for money or property but the

followed in the disposition of civil claims failure of an agency to comply with any by the Federal Government by comproprovision of this chapter shall not be

mise or termination of collection action available as a defense to any debtor.

(other than by waiver pursuant to statu$ 101.3

tory authority) under statutes other than Fraud, antitrust, and tax claims

the Federal Claims Collection Act of excluded.

1966, 80 Stat. 308, to the extent such The standards set forth in this chapter other statutes or authorized regulations do not apply to the handling of any issued pursuant thereto do not establish claim as to which there is an indication standards governing such matters.

§ 101.5 Conversion claims.

The instructions contained in this chapter are directed primarily to the recovery of money on behalf of the Government and the circumstances in which Government claims may be disposed of for less than the full amount claimed. Nothing contained in this chapter is intended, however, to deter an agency from demanding the return of specific property or irom demanding, in the alternative, either the return of property or the payment of its value. $ 101.6 Subdivision of claims not au

thorized. A debtor's liability arising from a particular transaction or contract shall be considered as a single claim in determining whether the claim is one of less than $20,000, exclusive of interest, for the purpose of compromise or termination of collection action. Such a claim may not be subdivided to avoid the monetary ceiling established by the Federal Claims Collection Act of 1966, 80 Stat. 308. § 101.7 Required administrative pro

ceedings. Nothing contained in this chapter is intended to require an agency to omit or foreclose administrative proceedings required by contract or by law. $ 101.8 Referral for litigation.

As used in this chapter referral for litigation means referral to the Department of Justice for appropriate legal proceedings, unless the agency concerned has statutory authority for handling its own litigation.

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