[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6892]


[Federal Register: March 28, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Parts 47 and 52

[FAR Case 88-56]


Federal Acquisition Regulation; Commercial Bills of Lading Under 
Cost-Reimbursement Contracts Audit by the General Services 
Administration

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council (CAAC) and the Defense 
Acquisition Regulations Council (DARC) are considering a proposed rule 
which amends the Federal Acquisition Regulation (FAR) by adding a new 
clause entitled, ``Submission of Commercial Transportation Bills to the 
General Services Administration for Audit'', and a clause prescription. 
The amendment clarifies procedures governing submission of 
documentation, payment, and audit of Commercial Bills of Lading (CBL's) 
under cost-reimbursement contracts. The rule implements the 
requirements of GSA's Federal Property Management Regulation's (FPMR's) 
``Submission of paid freight bills/invoices, commercial bills of 
lading, passenger coupons, and supporting documentation covering 
transportation services by contracts under a cost-reimbursement 
contract.'' This regulatory action was not subject to Office of 
Management and Budget review pursuant to Executive Order No. 12866 
dated September 30, 1993.

DATES: Comments should be submitted on or before May 27, 1994 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW., room 4037, Washington, DC 20405.
    Please cite FAR Case 88-56 in all correspondence related to this 
issue.

FOR FURTHER INFORMATION CONTACT:
Ms. Linda Klein at 202-501-3775 in reference to this FAR case. For 
general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC, 20405, 202-501-0692. Please cite FAR case 88-
56.

SUPPLEMENTARY INFORMATION: 

A. Background

    A proposed rule to add FAR 47.104-4(c) and a clause at 52.247-67, 
initiated by the DARC and subsequently approved by the DARC and the 
CAAC, was published in the Federal Register with a request for comments 
(see 53 FR 45742, November 10, 1988). A correction to the proposed rule 
was published at 54 FR 18558, May 1, 1989.
    Six responses with substantive comments were received and, as a 
result, the rule has been revised as follows--
    (a) The clause has been renumbered and retitled;
    (b) Passenger coupons have been added to the submission 
requirements to parallel the FPMR regulation;
    (c) The address shown in the clause has been updated; and
    (d) With GSA's approval, a $50 minimum on the submission of cost 
reimbursable contractors' freight shipment bills has been added. This 
$50 minimum does not apply to bills and invoices for any other 
transportation services.
    As a result of amending the rule to include a $50 minimum and the 
requirement to submit passenger coupons, the councils determined that 
the proposed rule should be republished with a request for further 
comment.

B. Regulatory Flexibility Act

    The proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the vast 
majority of contracts held by these entities are not subject to Pub. L. 
87-653 or civilian agency defective pricing rules. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. 
Comments from small entities concerning the affected FAR subpart will 
also be considered in accordance with section 610 of the Act. Such 
comments must be submitted separately and cite FAR case 88-56 in 
correspondence.

C. Paperwork Reduction Act

    This rule is proposed to implement the requirements of GSA's FPMR 
101-41.807-4, which was published as a final rule on August 14, 1991. 
Therefore, GSA is considered the agency with primary responsibility for 
this requirement. A decision was made to issue this FAR requirement 
under GSA's Office of Management and Budget (OMB) clearance number 
3090-0242, Documentation and Payment of Transportation Bills.

List of Subjects in 48 CFR Parts 47 and 52

    Government procurement.

    Dated: March 18, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, it is proposed that 48 CFR Parts 47 and 52 be amended as 
set forth below:
    1. The authority citation for Parts 47 and 52 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. Chapter 137; and 42 
U.S.C. 2473(c).

PART 47--TRANSPORTATION

    2. Section 47.104-4 is amended by revising the section title and 
adding paragraph (c) to read as follows:


47.104-4  Contract clauses.

* * * * *
    (c) The contracting officer shall insert the clause at 52.247-67, 
Submission of Commercial Transportation Bills to the General Services 
Administration for Audit, is solicitations and contracts when a cost-
reimbursement contract is contemplated and the contract or a first-tier 
cost-reimbursement subcontract thereunder will authorize reimbursement 
of transportation as a direct charge to the contract or subcontract.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 52.247-67 is added to read as follows:


52.247-67  Submission of Commercial Transportation Bills to the General 
Services Administration for Audit.

    As prescribed in 47.104-4(c), insert the following clause:

Submission of Commercial Transportation Bills to the General Services 
Administration for Audit (Date)

    (a)(1) In accordance with paragraph (a)(2) of this clause, the 
Contractor shall submit to the General Services Administration (GSA) 
for audit, legible copies of all paid freight bills/invoices, 
commercial bills of lading (CBL's), passenger coupons, and other 
supporting documents for transportation services on which the United 
States will assume freight charges that were paid (i) by the 
Contractor under a cost-reimbursement contract, and (ii) by a first-
tier subcontractor under a cost-reimbursement subcontract 
thereunder.
    (2) Cost-reimbursement Contractors shall only submit for audit 
those CBL's with freight shipment charges exceeding $50.00. Bills 
under $50.00 shall be retained on-site by the Contractor and made 
available for GSA on-site audits. This exception only applies to 
freight shipment bills and is not intended to apply to bills and 
invoices for any other transportation services.
    (b) The Contractor shall forward copies of paid freight bills/
invoices, CBL's, passenger coupons, and supporting documents as soon 
as possible following the end of the month, in one package to the 
General Services Administration, ATTN: FWATS, 18th & F Streets, NW., 
Washington, DC 20405. The Contractor shall include the paid freight 
bills/invoices, CBL's, passenger coupons, and supporting documents 
for first-tier subcontractors under a cost-reimbursement contract. 
If the inclusion of the paid freight bills/invoices, CBL's, 
passenger coupons, and supporting documents for any subcontractor in 
the shipment is not practicable, the documents may be forwarded to 
GSA in a separate package.
    (c) Any original transportation bills or other documents 
requested by GSA shall be forwarded promptly by the Contractor to 
GSA. The Contractor shall ensure that the name of the contracting 
agency is stamped or written on the face of the bill before sending 
it to GSA.
    (d) A statement prepared in duplicate by the Contractor shall 
accompany each shipment of transportation documents. GSA will 
acknowledge receipt of the shipment by signing and returning the 
copy of the statement. The statement shall show--
    (1) The name and address of the Contractor;
    (2) The contract number including any alpha-numeric prefix 
identifying the contracting office;
    (3) The name and address of the contracting office;
    (4) The total number of bills submitted with the statement; and
    (5) A listing of the respective amounts paid or, in lieu of such 
listing, an adding machine tape of the amounts paid showing the 
Contractor's voucher or check numbers.

(End of clause)

[FR Doc. 94-6892 Filed 3-25-94; 8:45 am]
BILLING CODE 6820-54-M