[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27336]


[[Page Unknown]]

[Federal Register: November 7, 1994]


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DEPARTMENT OF DEFENSE
 

Problems in Tender Filing--New Policy

AGENCY: Military Traffic Management Command, DOD.

ACTION: Notice.

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SUMMARY: The Military Traffic Management Command (MTMC) is proposing a 
policy governing carrier's responsibility for tender filings. This 
policy gives MTMC authority to reject and correct mistakes in rate 
tender filings, and provides carriers with rate filing procedures for 
correcting mistakes in rate.

DATES: Comments must be received not later than December 15, 1994.

ADDRESSES: Comments should be mailed to Headquarters, Military Traffic 
Management Command, ATTN: MTOP-T-ND, Room 621, 5611 Columbia Pike, 
Falls Church, VA 22041-5050.

FOR FURTHER INFORMATION CONTACT:
Ms. Barbara McGinnis, (703) 756-1103.

SUPPLEMENTARY INFORMATION: The proposed policy will be included as an 
enclosure to all future MTMC Guaranteed and Non-Guaranteed Traffic 
solicitations.

Problems in Tender Filings

1. Authority.

    As indicated in the solicitation, the Assistant Deputy Chief of 
Staff for Operations-Transportation Services retains the authority to 
reject and correct mistakes in rate tender filings.

2. Procedures for Filing Tenders

a. General
    (1) Carriers are solely responsible to ensure tender submissions 
are legible and typed. Handwritten or illegibly typed submissions or 
submissions having typed strikeovers will be returned as being 
nonresponsive.
    (2) If a rate(s), if applicable, is omitted, the tender submission 
will be returned as being nonresponsive.
    (3) If a minimum charge(s), if applicable, is omitted, the tender 
submission will be returned as being nonresponsive. If a carrier does 
not want to make a minimum charge, if applicable, that carrier must 
insert a ``0''. Tender submission will be returned as being 
nonresponsive for failure of carrier to insert a ``0''.
    (4) Tender submission may be returned as being nonresponsive for 
failure of the carrier to submit a properly signed and executed 
Certificate of Independent Pricing with tender submission.
    (5) Tender formats cannot be altered by carriers in any manner. If 
altered, the tender submission may be returned as being nonresponsive.
b. Carrier Responsibility for Tender Filings
    Carriers are solely responsible for the proper preparation, 
accuracy, and timely submission of their tenders. Carriers are 
responsible for establishing quality control procedures that will 
include review of tenders prior to their submission to Headquarters, 
Military Traffic Management Command. Tenders found to contain errors 
such as typographical may be granted relief based on justification in 
support of alleged errors.
c. Administrative Errors
    Administrative errors which can be corrected include, but are not 
limited to, mistakes in the following:
    (1) Carrier street address and Standard Carrier Alpha Code.
    (2) Carrier telephone number.
    (3) Mode, if applicable.
    (4) Tender number or series.
    (5) Interstate Commerce Commission, and/or intrastate operating 
authority certificate number.
    (6) Typed name of company official authorized to submit rates, 
address, and telephone number. Tender submission will be returned as 
being nonresponsive for failure of a carrier to sign its tender.
    (7) Tender and rate sheet not corresponding that can be evaluated 
on an equal basis with other carriers. If a rate sheet varies the 
material terms (e.g., change in rate qualifier, mileage groups, or 
minimum weights) of the solicitation so that the rates cannot be 
evaluated on an equal basis with other carriers, the tender submission 
will be returned as being nonresponsive.
    (8) Failure to submit the required number of original signature 
copies of the rate tender.

3. Mistakes in Rate Filing Procedures (MIRF)

    a. General. (1) Carriers discovering a mistake(s) before bid 
closing time can correct such mistake(s) by submission of a new tender 
prior to closing. The last tender received before closing governs. 
Identification of a rate error(s) in a bid submission after opening may 
be initiated by either HQMTMC or in writing by the carrier. After 
opening, carriers may either withdraw or seek to correct rate error(s).
    (2) Correction is allowed for clerical error(s) where the intended 
rate is obvious from the bid submission itself, as in the case of 
misplaced decimal.
    (3) Correction is allow in other cases (except in the case of a 
downward correction which would displace a low bidder) only if the 
carrier proves the mistake and the rate actually intended by providing 
HQMTMC (MTOP-T-N) clear and convincing written evidence. If the 
evidence supports the existence of the mistake, but not the rate 
actually intended, the carrier will be permitted to withdraw its tender 
(or MTMC will reject it). Carriers must submit evidence to arrive 
HQMTMC (MTOP-T-N) within a reasonable time after notification by MTMC 
of a suspected mistake.
    (4) Where a downward correction would displace a low bidder, it is 
permitted only if the mistake and the intended rate can be determined 
from the solicitation and the tender itself.
    (b) Evidence. The following evidence must, at a minimum, be 
submitted by the carrier when the carrier seeks to correct a mistake in 
rate other than a clerical error(s):
    (1) Original source documents pertinent to the error, including, 
but not limited to, working papers, spread sheets, transcription 
sheets, adding machine tapes, tariffs, cost data sheets, memorandum for 
records, written procedural guidance on determining rate levels, 
internal rate printouts, and other such papers which will provide a 
clear audit trail for tracing the mistake.
    (2) Other documents deemed by the carrier to be relevant to error 
validation can also be used as evidence.
    (3) To protect their interests, carriers are encouraged to retain 
original source data until it is certain that no further use for it 
exists.
    4. Rate Errors
    Rate regression mistakes may be considered for relief under the 
MIRF procedure. Correction of rate regression mistakes cannot affect 
other rates already in normal regression. Two examples of correctable 
rate regression mistakes are shown below:
BILLING CODE 3710-08-M


TN07NO94.004

BILLING CODE 3710-08-C

    The error in the above example is the underlined rate which is not 
in proper rate regression for the higher minimum weight. It can be 
corrected without affecting the regression for the mileage groups. If 
the carrier intended a different rate, the carrier may seek correction 
under the MIRF procedure, provided that the intended rate itself falls 
within normal regression.

BILLING CODE 3710-08-M


TN07NO94.005

BILLING CODE 3710-08-C

    The error in the above example is the underlined rate which is not 
in proper rate regression for the distance. It can be correct without 
affecting the regression for the minimum weight groups.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-27336 Filed 11-4-94; 8:45 am]
BILLING CODE 3710-08-C