§ 20.9 Request for reconsideration.

(a) Reconsideration of a decision of the Comptroller General may be requested by the protester, any interested party who submitted comments during consideration of the protest, and any agency involved in the protest. The request for reconsideration shall contain a detailed statement of the factual and legal grounds upon which reversal or modification is deemed warranted, specifying any errors of law made or information not previously considered.

(b) Request for reconsideration of a decision of the Comptroller General shall be filed not later than 10 days after the basis for reconsideration is known or should have been known, whichever is earlier. The term "filed" as used in this section means receipt in the General Accounting Office.

(c) A request for reconsideration shall be subject to these bid protest procedures consistent with the need for prompt resolution of the matter. § 20.10 Effect of judicial proceedings.

The Comptroller General may refuse to decide any protest where the matter involved is the subject of litigation before a court of competent jurisdiction or has been decided on the merits by such a court. The foregoing shall not apply where the court requests, expects, or otherwise expresses interest in the Comptroller General's decision.

AUTHORITY: Sec. 8, 28 Stat. 207, as amend ed (31 U.S.C. 74); sec. 3, 55 Stat. 876 (31 U.S.C. 82d).

SOURCE: 43 FR 32395, July 27, 1978, unless otherwise noted.

§ 21.1 Purpose and scope.

This part sets forth the procedures under which the U.S. General Accounting Office will render decisions concerning the legality of appropriated fund expenditures on labor-management relations issues. The smooth functioning of the Federai labor-management relations program requires that labor-management relations matters involving questions regarding the legality of appropriated fund expenditures be resolved as expeditiously as possible. The following procedures are established to accomplish this objective.

§ 21.2 Definitions.

As used in this part, unless the context requires otherwise

A "labor-management relations matter" means an issue or dispute involving the legality of an expenditure of appropriated funds arising from any of the following: (a) An arbitration award; (b) an actual or proposed collective-bargaining agreement provision; (c) a decision or order of the Federal Labor Relations Council; or (d) a decision or order of the Assistant Secretary of Labor for Labor-Management Relations.

§ 21.3 Who may request a decision.

Heads of agencies and Departments (or their designees), heads of labor organizations (or their designees), the Federal Labor Relations Council and the Assistant Secretary of Labor for Labor-Management Relations, authorized certifying officers, and disbursing officers may apply for a decision on the legality of appropriated fund expenditures that arise in the Federal labor-management relations program.

§ 21.4 Content of request.

A request for a decision shall be in writing, dated, signed by the requester, addressed to the Comptroller General, U.S. General Accounting Office,

Washington, D.C. 20548, and contain as applicable:

(a) The name and address of the party requesting the decision;

(b) In the case of requests submitted by anyone other than the Federal Labor Relations Council or the Assistant Secretary of Labor for Labor-Management Relations, a statement of the legal question to be decided, a presentation of all relevant facts involved, and a statement of the party's argument;

(c) Copies of all pertinent records and supporting documents such as an arbitration award and the collectivebargaining agreement; and

(d) A copy of any decisions and reports issued at an earlier stage of development in the matter, such as decisions of the Federal Labor Relations Council, the Assistant Secretary of Labor for Labor-Management Relations, Department of Labor Regional Administrators, and Administrative Law Judges.

§ 21.5 Service.

(a) Any person requesting a decision that involves a labor-management relations matter is responsible for promptly forwarding a copy of the request to all known interested parties. Except in the case of requests from the Federal Labor Relations Council or the Assistant Secretary of Labor for Labor-Management Relations, copies of all supporting documents shall also be forwarded to all known interested parties. Service shall be made by registered or certified mail or in person. When service is by mail, the date of service shall be the date when the matter served is deposited in the U.S. mail. A signed and dated statement of service shall be submitted along with the request and indicate the names of the parties and persons served, their addresses, the date of service, the nature of the document served, and the manner in which service was made.

(b) Any party served or any other person may submit a written response to the request for decision or may submit written comments to the Comptroller General, U.S. General Accounting Office, Washington, D.C.

20548. Any such response or comments should be submitted within 20 calendar days after the date of the request in order to ensure that it will be considered by the General Accounting Office. Copies of written responses and written comments shall be promptly forwarded to all known interested parties in the manner prescribed in paragraph (a) of this section.

§ 21.6 Timeliness of requests for decisions.

Because of the sensitive nature and far reaching implications of labormanagement relations disputes and grievances, questions in this area involving the legality of appropriated fund expenditures should be submitted to the General Accounting Office for a decision without undue delay.

§ 21.7 Considerations governing the issuance of a decision.

(a) Decisions on the use of appropriated funds involved in labor-management relations matters will be issued as expeditiously as possible, normally within 60 calendar days of responses received pursuant to § 21.5(b). Where a delay is anticipated in the issuance of a decision, interested parties will be notified and provided with a tentative date for issuance of the decision.

(b) The Comptroller General may refuse to issue a decision on a matter that is the subject of litigation before a court of competent jurisdiction, or on a matter which is unduly speculative.

40-003 0-79--4

fund expenditures ordered by an arbitration award or a decision of the Assistant Secretary of Labor for LaborManagement Relations, the request does not relieve the parties of their obligation to comply with Executive Order 11491, as amended, or to comply with Federal Labor Relations Council regulations contained in 5 CFR Part 2411, concerning review by the Council.

§ 21.10 Distribution of decisions.

(a) A copy of a decision of the Comptroller General will be forwarded to the requester and to all other interested parties of record. Copies of deci

sions to the Federal Labor Relations Council and the Assistant Secretary of Labor for Labor-Management Relations will be released when the requester announces its contents or 30 days after issuance, whichever is earlier, except when the requester has asked that release be delayed.

(b) Any person interested in receiving copies of decisions of the Comptroller General in labor-management cases may be placed on the distribution list for that purpose by writing to the Chief, Legal Information and Reference Services, General Accounting Office, Washington, D.C. 20548.

PART 30-SCOPE OF SUBCHAPTER

§ 30.1 Coverage of regulations in Subchapter C.

The regulations in Subchapter C relate to all classes of claims by and against the United States except:

(a) Those claims which are under the exclusive jurisdiction of administrative agencies pursuant to specific statutory authority;

(b) Claims for charges for transportation services furnished for the account of the United States, which now are to be filed with the General Services Administration or the agencies out of whose activities they arise. However, claims by carriers and forwarders against the United States for amounts administratively deducted from transportation payment vouchers in connection with loss or damage to property are covered by this subchapter and are to be filed in the General Accounting Office.

(Sec. 311, 42 Stat. 25; 31 U.S.C. 52. Interprets or applies sec. 305, 42 Stat. 24; 31 U.S.C. 71)

[27 FR 12044, Dec. 6, 1962, as amended at 40 FR 60036, Dec. 31, 1975]

PART 31-CLAIMS

AGAINST THE UNITED STATES; GENERAL PROCEDURE

Sec.

31.1 Scope of part.

FILING REQUIREMENTS FOR CLAIMANTS

31.2 Form of claim.

31.3 Claim filed by attorney or agent. 31.4 Where claims should be filed. 31.5 Statutory limitations on claims.

INFORMATION RELATING TO CLAIMS

31.6 Information relating to claims presented to the Claims Division of the General Accounting Office.

31.7 Basis of claim settlements. 31.8 Form of claim settlements.

§ 31.3 Claim filed by attorney or agent.

A claim filed by an agent or attorney must be supported by a duly executed power of attorney or other documentary evidence of the agent's or attorney's right to act for the claimant. See § 1.8 of this chapter.

§ 31.4 Where claims should be filed.

Action will generally be expedited if claimants file their claims initially with the administrative department or agency out of whose activities they arose. Claims which cannot be disposed of administratively will be transmitted to the Claims Division of the

General Accounting Office by the administrative office. However, as to claim filing requirements when the statutory period of limitation is about to expire, see § 31.5. Claims filed direct with the General Accounting Office should be addressed to

Claims Division,

U.S. General Accounting Office,
Washington, D.C. 20548.

[23 FR 7478, Sept. 26, 1958, as amended at 40 FR 60036, Dec. 31, 1975]

§ 31.5 Statutory limitations on claims.

(a) Statutory limitations relating to claims generally. Statutory limitations relating to claims generally are contained in 31 U.S.C. 71a. Claimants should submit their claims to the Claims Division of the General Accounting Office if the statutory period of limitation will soon expire.

(b) Statutory limitation on check claims. The statutory limitation on claims on account of checks appearing to have been paid are contained in 31 U.S.C. 122. To protect their own interests, it is the responsibility of claimants to present their claims for the proceeds of checks to the Treasurer of the United States or the General Accounting Office if the statutory period of limitation is about to expire.

(c) Other statutory limitations. It is not intended to imply that statutes of limitation imposed by Congress are necessarily limited to those cited in paragraphs (a) and (b) of this section. It is incumbent on claimants to inform themselves regarding other possible statutory limitations.

[23 FR 7478, Sept. 26, 1958, as amended at 40 FR 60036, Dec. 31, 1975]

INFORMATION RELATING TO CLAIMS

§ 31.6 Information relating to claims presented to the Claims Division of the General Accounting Office. Claimants or their authorized representatives may obtain information relating to claims which have been presented to the Claims Division of the General Accounting Office by addressing correspondence to

Claims Division,

U.S. General Accounting Office, Washington, D.C. 20548.

or by calling in person at that Office at 441 G Street NW.

[23 FR 7478, Sept. 26, 1958, as amended at 40 FR 60036, Dec. 31, 1975]

§ 31.7 Basis of claim settlements.

Claims are settled on the basis of the facts as established by the Government agency concerned and by evidence submitted by the claimant. Settlements are founded on a determination of the legal liability of the United States under the factual situation involved as established by the written record. The burden is on claimants to establish the liability of the United States, and the claimants' right to payment. The settlement of claims is based upon the written record only.

§ 31.8 Form of claim settlements.

(a) Allowed claims. The Claims Division of the General Accounting Office will certify claims for payment either by use of a Certificate of Settlement, GAO Form 39, or by certificate of allowance placed on the voucher when voucher procedures are in effect.

(b) Disallowed claims. When part of a claim is allowed and part disallowed, a statement relating to the disallowed portion will be included on the certificate of settlement or the voucher. When the full amount of a claim is disallowed, the claimant will be advised by issuance of Settlement Certificate, GAO Form 44.

[23 FR 7478, Sept. 26, 1958, as amended at 40 FR 60036, Dec. 31, 1975]