[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
[Notices]
[Pages 33067-33068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15698]


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DEPARTMENT OF DEFENSE

Department of the Army


Military/Industry Personal Property Tender of Service (TOS)

AGENCY: Military Traffic Management Command, DoD.

ACTION: Notice (Request public comments on new military/industry 
contractual agreement).

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SUMMARY: The U.S. Transportation Command proposes to issue a new 
personal property Tender of Service to be signed by the Military 
Traffic Management Command (MTMC) on behalf of the U.S. Department of 
Defense (DOD) and personal property carriers wishing to do business in 
the DOD Personal Property Shipment and Storage Program.

DATES: U.S. Transportation Command will receive comments not later than 
August 20, 1999. The new TOS will be effective when signed by MTMC and 
the carrier.

FOR FURTHER INFORMATION CONTACT: Larry Campbell, U.S. Transportation 
Command, TCJ4-LTP, (618) 256-1985. The public may obtain copies of the 
proposed Tender of Service for a fee from the U.S. Department of 
Commerce, National Technical Information Services, 5285 Port Royal, 
Springfield, Virginia 22161.

SUPPLEMENTARY INFORMATION: 

Background

    The new TOS is issued under the authority of Deputy Under Secretary 
of Defense (Logistics) Memorandum ``Defense Transportation Regulation 
(DTR), Part I-IV,'' August 5, 1995. It implements DOD policies 
governing the use of DOD-owned and controlled aircraft, sealife/
airlift, and establishes criteria for passenger, personal property, 
cargo, and mobility movement.
    Significant changes from the previous TOS include (1) moving 
quality assurance requirements from the TOS to the Domestic and 
International Rate Solicitations issued semi-annually by MTMC; and (2) 
establishment of a mandatory requirement for personal property carriers 
to pay inconvenience claims. The former requirements became effective 
in 1997. The latter requirement is found in paragraph 15.b. of the new 
TOS:
    15. Loss or Damage/Inconvenience Claims.
    b. Inconvenience Claims.
    (1) I hereby reaffirm that it is my responsibility to pickup and 
deliver personal property shipments on the agreed date. My failure to 
do so can cause serious inconvenience to the Department of Defense 
(DOD) civilian employees and military members and the member's family, 
and can result in the expenditures of funds by the member of lodging, 
food rental/purchase of household necessities, and directly related 
miscellaneous expenses.
    (2) I agree to acknowledge receipt of an inconvenience claim filed 
by a member or an installation TO within 15 calendar days from the date 
of receipt. I further agree to reimburse the civilian employee and 
military member for out-of-pocket expenses which result from my failure 
to offer the shipment for delivery on or before the required delivery 
date as stated on the Government Bill of Lading (GBL) or correction 
notice thereof, except for delays caused by acts of God, acts of the 
public enemy, acts of the Government, acts of the public authority, 
violent strikes, or mob interference. The member shall document the 
claim fully with an itemized list of charges and accompanying receipts 
for charges incurred. Charges shall be computed from the day after the 
delivery date specified on the PPGBL as the RDD or GBL correction 
notice thereof or the date following the day the member obtains 
quarters, whichever date is the latest, and will be payable through the 
day of actual delivery of the shipment.
    (3) Expenses: Out-of-pocket expenses are all expenses incurred by a 
military member or DOD civilian and their

[[Page 33068]]

family members because they are not able to use the items in the 
shipment or to establish his or her household. Expenses include but are 
not limited to, lodging, meals, laundry service, furniture and/or 
appliance rental, to include rental of a television or similar expenses 
such as towels (2 per person) pots, pans, paper plates, plastic knives, 
plastic spoons, plastic forks, paper and/or plastic cups, and napkins. 
A request for reimbursement of alcoholic beverages in any quantity is 
prohibited.
    (a) I agree to pay the member within 30 calendar days of the 
submission date and will report to the destination TO, with a copy to 
HQ MTMC, ATTN: MTTP, of the final action taken, to include the date and 
total amount of settlement. In the event of a disputed claim, I may, 
within the 45-day period for receipt of the claim, appeal the case to 
the destination TO. Every effort will be made to resolve the dispute. 
However, should I disagree with the decision of the TO, I may appeal 
the case to HQ MTMC. I understand the decision of HQ MTMC is final and 
the claim must be settled within a total of 75 days of the submission 
date. Failure to acknowledge and/or settle a valid inconvenience claim 
may be cause for my company to be disqualified from participation with 
the DOD. Additionally, I understand that should I fail to settle a 
valid inconvenience claim set-off action will be taken against my 
company, by the appropriate claims office/finance office. I am not 
responsible for payment of an inconvenience claim when a shipment is 
ordered in storage-in-transit (SIT) at destination, regardless of the 
required delivery date (RDD), unless the need for SIT is a direct 
result of my failure to effect delivery of the shipment by the required 
delivery date and the member was officially ordered away from the area 
at the time delivery was available. I agree to reimburse the member 
through the day prior to the member's departure from the area.
William G. Balkus,
COL, GS, DCS Passenger and Personal Property.
[FR Doc. 99-15698 Filed 6-18-99; 8:45 am]
BILLING CODE 3710-08-M