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B-207472 1 (1983-02-14)

handle is hein.gao/gaobadkwu0001 and id is 1 raw text is: THE COMPTROLLER BEN~ AL OECISION .~n OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-207472 DATE: Fbruary 14, 1983 MATTER OF: Department of Agriculture--Request for Advance Decision DIGEST: Claims for transportation services fur- nished under the Transportation Act of 1940 are not subject to the disputes resolution procedure of the Contract Disputes Act of 1978 (CDA) since legis- lative history of CDA indicates no Con- gressional intent to extend coverage to matters covered by other statutes. The Acting Director, Office of Finance and Management, Department of Agriculture, has requested an advance deci- sion concerning the applicability of the Contract Disputes Act of 1978 (CDA), 41 U.S.C. S 601-613 (Supp. IV 1980), to disputes arising from transportation services furnished under a Government bill of lading (GBL). Specifically, the question presented is whether the authority granted a con- tracting officer under the CDA supersedes the procedures for settling claims and disputes under existing trans- portation law. For the reasons discussed below, we believe that the CDA does not apply to disputes arising from trans- portation services covered by a GBL. By way of background, a GBL is the basic procurement document used by the Government for acquiring freight transportation services from common carriers under Section 321 of the Transportation Act of 1940, as amended, 49 U.S.C. § 10721 (Supp. IV 1980). The Act authorizes the procurement of transportation services, at published rates, from any common carrier lawfully operating in the territory where such services are to be performed. Under the Transportation Act of 1940, as amended, 31 U.S.C. § 3726 as adopted by Pub. L. 97-258 (formerly 31 U.S.C. § 244 (1976)), executive agencies must make payment upon presentation of bills by a carrier prior to audit, whether or not the charges are disputed. The General Services Administration (GSA) is by law the agency with authority to audit the charges, to deduct any amount deemed to be an overcharge, and otherwise to effect settlement. Id. Claims arising from the furnishing of transnortition

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