[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]


=======================================================================
-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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