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B-222944 1 (1987-10-23)

handle is hein.gao/gaobadmww0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C. 20548 Decision National Park Service--Late Payment Charges for Matterof- Utility Services File: B-222944 Date: October 23, 1987 DIGEST Payments on invoices by the National Park Service, Depart- ment of the Interior, submitted by an unregulated private electri-c utility company which is not governed by tariff approved by a state commission may be covered by the shorter payment term established by company policy rather than the longer payment term set forth in provision of the Prompt Payment Act, 31 U.S.C. S 3903(l)(B), where elements of implied contract, i.e., acceptance of electrical service with notice of company's policy are present. DECISION The Regional Finance Otticer (a certitying officer) of the National Park Service, Department of the Interior, Pacitic Northwest Region requested our decision on whether he may certify for payment invoices for finance charges assessed by the Lincoln Electric Cooperative, Inc. (Cooperative), Davenport, Washington, a non-regulated utility, for late payments of monthly electric bills. For the reasons stated below, we hold that he should certify the finance charges for payment. BACKGROUND This case arises because the Service is generally unable to pay Lincoln Electric's invoices within the time period the Cooperative's policy prescribes. The Cooperative provides electricity to National Park Service installations in the Coulee Dam National Recreation Area. Invoices are sent to Coulee Dam near the first of each month. Its policy is that payment is delinquent it not received by the 15th of the month. The Cooperative assesses a 1-1/2 percent penalty per month on a delinquent payment until paid with a $l minimum. The Service usually cannot make payment by the 15th of the month because of the time it needs to complete administra- tive approval and payment procedures. Upon receiving an 0 &[)3 ?s--

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