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B-214130 1 (1986-01-14)

handle is hein.gao/gaobacvtp0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


OFFICE OP GENERAL COUNSEL


          B-214130                                    January 14, 1986





          Mr. Leland F.  Leavitt
          1279 Sheridan  Drive
          Ogden, Utah    84404

          Dear Mr. Leavitt:

               This  is in response to your letter dated July 20, 1985,
          requesting our decision  on the payment of interest and
          attorney fees  in connection with the settlement of your
          travel claim pursuant  to our decision in B-214130,
          January  11, 1985.

               In view of  the statutes relating to our decision-making
          authority, we  are unable to render a formal decision to you
          at this time.   See 31 U.S.C. S 3529 (1982).  However,
          we offer the  following information to you in response to
          your letter.   If, after studying this information you
          believe you are entitled  to interest or attorney fees,
          you may submit  your claim through your agency to our Claims
          Group in accordance  with the provisions of 31 U.S.C. § 3702
          (1982) and 4 C.F.R.  Part 31 (1985).  We have enclosed copies
          of the cited statutes,  regulations, and decisions for your
          reference.

               In your  letter you seek payment for interest on the
          amount of your  travel claim which was withheld from you
          until issuance of our  decision.  You argue there is
          precedent  for the Government to pay interest on delayed
          payments, and you  contend that the value of the principal
          amount lessened while  you pursued your claim.

               Our decisions  have long held that, in the absence of
          express statutory or  contractual authority, interest may
          not be assessed against  the Government.  Jack M. Haning,
          63 Comp. Gen.  170 (1984); Isma B. Saloshin, 63 Comp. Gen.
          156 (1984); and John  H. Kerr, 61 Comp. Gen. 578 -(1982).
          Although the Prompt  Payment Act, 31 U.S.C. §  3901-3906
          (1982) authorizes  the payment of interest for delayed
          payments by the Government,  this Act applies only to a
          business concern  delivering property or services to a
          Federal agency and  would not apply to your situation.

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