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B-210600 1 (1984-09-18)

handle is hein.gao/gaobadlxj0001 and id is 1 raw text is: XL I


                 0 TIHE COMPTROLLER G3ENERAL
DECISION..             . OF THE UNITED        3TATES
                         WASHINGTON. 0. C. 20548




FILE: B-210600                DATE: September 18, 1984

MATTER OF:    Northwest Airlines, Inc.


DIGEST:

1.   Under the Federal Claims Collection Act, a
     government claim for the value of unused
     airline tickets may be satisfied by means of
     administrative setoff within 10 years after
     accrual of the claim.

2.   Where a calculation of the amount of unreim-
     bursed ticket refunds due the government
     from an airline is based solely on amounts
     owed by other airlines and the subject
     airline's estimated revenues, the government--
     has not established a certain or liquidated
     amount owed as required under the regula-
     tions and collection of the amount thus may
     not be accomplished by administrative set-
     off.

     Northwest Airlines, Inc. requests review of a settle-
ment action taken by the General Services Administration
(GSA) in the form of a Certificate of Indebtedness dated
November 9, 1982. The Certificate advised of GSA's
determination that Northwest owed the government $283,780,
and that this amount would be collected by setoff from sums
otherwise due Northwest from the government. The setoff
amount represents GSA's calculation of the value of unused
transportation (i.e., unused or downgraded airline tickets)
purchased with Government Travel Requests (GTRs) between
September 1, 1975 and June 30, 1978. GSA determined the
government was entitled to refunds for these unused
services. Northwest maintains that this setoff action is
improper and asks that GSA be directed to stop withholding
these funds and to refund any amount already setoff. We
sustain the claim.


US-003

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