[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30635]
[Federal Register: December 28, 1994]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 47 and 52
[FAC 90-23; FAR Case 88-56; Item XXXII]
RIN 9000-AC67
Federal Acquisition Regulation; Commercial Bills of Lading Under
Cost-Reimbursement Contracts Audit by GSA
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to amend the Federal
Acquisition Regulation (FAR) to add a clause requiring contractors to
submit to the General Services Administration (GSA), for audit, copies
of all paid freight bills/invoices, commercial bills of lading,
passenger coupons, and other supporting documents for transportation
services under cost-reimbursement contracts. This regulatory action was
not subject to Office of Management and Budget (OMB) review under
Executive Order 12866, dated September 30, 1993.
EFFECTIVE DATE: February 27, 1995.
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-
4755. Please cite FAC 90-23, FAR case 88-56.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements the requirements of the Federal Property
Management Regulations, 41 CFR 101-41.807-4, Submission of paid freight
bills/invoices, commercial bills of lading, passenger coupons, and
supporting documentation covering transportation services by
contractors under cost-reimbursement type contracts, which was
published by GSA as a final rule on August 14, 1991.
A FAR proposed rule was published in the Federal Register at 59 FR
14467, March 28, 1994. Two sources submitted public comments. No
changes were made as a result of those comments.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities under 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 Public Law 87-653 or civilian agency
defective pricing rules. An Initial Regulatory Flexibility Analysis was
not performed. No comments were received that indicated substantial
economic impact on small entities as a result of this rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply because the final rule
imposes information collection requirements on contractors. The FAR
rule implements the requirements of the Federal Property Management
Regulations at 41 CFR 101-41.807-4, Submission of paid freight bills/
invoices, commercial bills of lading, passenger coupons, and supporting
documentation covering transportation services by contractors under
cost-reimbursement type contracts. GSA is considered the agency with
primary responsibility for this requirement the OMB clearance. The
information collection requirement on contractors is currently cleared
under GSA's OMB control number 3090-0242, Documentation and Payment of
Transportation Bills.
List of Subjects in 48 CFR Parts 47 and 52
Government procurement.
Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR Parts 47 and 52 are 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, in 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 (Feb 1995)
(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. 94-30635 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P