[Federal Register Volume 65, Number 39 (Monday, February 28, 2000)]
[Proposed Rules]
[Pages 10440-10450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4060]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-40 and 102-117

[FPMR Amendment G-  ]
RIN 3090-AH16


Transportation Management

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration (GSA) is revising the 
Federal Property Management Regulations (FPMR) by moving coverage on 
transportation and traffic management into the Federal Management 
Regulation (FMR). A cross-reference is added to the FPMR to direct 
readers to the coverage in the FMR. The FMR coverage is written in 
plain language to provide agencies with updated regulatory material 
that is easy to read and understand.

DATES: Send your written comments by April 28, 2000.

ADDRESSES: Send your written comments to Ms. Sharon A. Kiser, 
Regulatory Secretariat (MVRS), Office of Governmentwide Policy, General 
Services Administration, 1800 F Street, NW., Room 4035, Washington, DC 
20405.
    Send e-mail comments to: [email protected]

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Allison, Program 
Analyst,

[[Page 10441]]

Transportation Management Policy, Office of Governmentwide Policy, 
General Services Administration, at 202-219-1729, or Internet e-mail at 
[email protected]

SUPPLEMENTARY INFORMATION:

A. Background

    In response to President Clinton's mandate to Federal agencies to 
make communication with the public more understandable, General 
Services Administration (GSA) is issuing this Federal Management 
Regulation (FMR) in which it proposes to revise and clarify the 
transportation management policies by putting them into plain language 
and making substantial changes. The proposed rule creates a new part 
that will phase in the use of commercial transportation documents, such 
as bills of lading, and retires the corresponding Government 
transportation documents whenever possible.
    The FMR is in the question and answer format. Question and answer 
format is an effective way to engage the reader and to break the 
information into manageable pieces. The FMR asks questions in the first 
person, as the user would. It then answers the questions in the second 
and third person. The FMR addresses the agency in the singular.

B. Proposed Changes

    The Treasury, Postal and General Government Appropriations Act of 
1994 (see Public Law 103-123; 107 Stat. 1226, 1247) changed the General 
Services Administration (GSA) to a nonmandatory source of 
transportation services. Therefore, we propose to shift the focus of 
the transportation regulations away from how agencies should use GSA's 
household goods and freight shipment programs as mandatory sources of 
these services. Our proposed changes are:
    (a) To provide broad policy for agencies to develop transportation 
programs that best suit their needs.
    (b) To require all contracts and rate tenders include the terms and 
conditions formerly annotated on the Government bills of lading. All 
transportation documents must reference the applicable contract or rate 
tender.
    (c) To include general business rules a transportation manager will 
consider before buying transportation services. These rules give a 
broad range of guidelines to ensure compliance with other governmental 
directives and compliance with all Federal, State and local laws.
    (d) To retire the use of the Standard Forms 1103 and 1203, 
Government Bill of Lading, for domestic freight and household goods 
shipments by September 30, 2001.
    (e) To expand the information on choices for acquiring 
transportation and transportation related services and incorporate the 
terms and conditions previously noted on the paper GBL in all contracts 
and agreements.
    (f) To expand the use of charge cards as an alternative payment for 
transportation services. Through discretionary authority, agencies must 
set up their own administrative rules covering accountability, 
exceptions and limits of the charge card.
    (g) To introduce performance measures to help agencies in deciding 
how well they perform the transportation function and support the 
agency mission.
    (h) To introduce a section on transportation service provider's 
performance defining what transportation managers should expect in the 
contractual agreement and what recourse is available for 
nonperformance.
    (i) To add a requirement for reports, which will promote the use of 
electronic data and other information technologies. Reporting 
transportation costs will help agencies in collecting information for 
forecasting and planning. Agencies will have the data to substantiate 
and promote how transportation is interwoven throughout the agency and 
contributes to the strategic goals and mission as required by the 
Government Performance and Results Act (GPRA) of 1993 (Public Law 103-
62, 31 U.S.C. 1115).
    (j) To make a separate section on representation before regulatory 
bodies to clarify the authority granted to GSA and how an agency may 
request help.

C. Executive Order 12866

    GSA has determined that this proposed rule is not a significant 
regulatory action for the purposes of Executive Order 12866 of 
September 30, 1993.

D. Regulatory Flexibility Act

    The Associate Administrator for Governmentwide Policy hereby 
certifies that this proposed rule will not 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 rule 
only applies to internal agency management and will not have a 
significant affect on the public. An Initial Regulatory Flexibility 
Analysis has, therefore, not been performed. Comments invited from 
small entities concerning the affected FMR subparts will be considered 
in accordance with 5 U.S.C. 601. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq.

E. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this proposed 
rule does not impose recordkeeping or information collection 
requirements, or the collection of information from contractors, or 
members of the public which require the approval of the Office of 
Management and Budget (OMB) under 44 U.S.C. 501-517.

F. Small Business Regulatory Enforcement Fairness Act

    This proposed rule is exempt from Congressional review under 5 
U.S.C. 801 since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Parts 101-40 and 102-117

    Freight, Government property management, Moving of household goods, 
Reporting and recordkeeping requirements, Transportation.

    For the reasons set forth in the preamble, GSA proposes to amend 41 
CFR chapters 101 and 102 as follows:

CHAPTER 101--[AMENDED]

    1. Part 101-40 is revised to read as follows:

PART 101-40--TRANSPORTATION AND TRAFFIC MANAGEMENT

    Authority:  40 U.S.C. 486(c); Sec. 205(c), 63 Stat. 390.


Sec. 101-40.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on transportation management previously contained 
in this part, see FMR part 117 (41 CFR 102-117).

CHAPTER 102--[AMENDED]

    2. Part 102-117 is added to subchapter D to read as follows:

PART 102-117--TRANSPORTATION MANAGEMENT

Sec.
102-117.5  What is transportation management?
102-117.10  What is the scope of this part?
102-117.15  To whom does this part apply?
102-117.20  Are any agencies exempt from this part?
102-117.25  What definitions apply to this part?

[[Page 10442]]

Subpart A--Acquiring Transportation or Related Services

102-117.30  Are there mandatory services I must use when acquiring 
transportation or transportation related services?
102-117.35  What choices do I have when acquiring transportation and 
related services?
102-117.40  When is it advantageous for me to use another agency's 
contractor rate tender for transportation services?
102-117.45  What other factors must I consider when using another 
agency's contract or rate tender?
102-117.50  What are the advantages and disadvantages for me to 
contract directly with a TSP under FAR?
102-117.55  What are the advantages and disadvantages for me to use 
a rate tender?
102-117.60  What are rate tenders?
102-117.65  What is the importance of the terms and conditions in a 
rate tender or other transportation document?
102-117.70  Where do I find more information on terms and 
conditions?
102-117.75  How do I reference the rate tender on transportation 
documents?
102-117.80  How are rate tenders filed?
102-117.85  Where must I send a copy of a rate tender for audit 
purposes?
102-117.90  What is the difference between a Government Bill of 
Lading (GBL) and a bill of lading?
102-117.95  May I use the Standard Forms 1103 and 1203, GBLs, to 
acquire freight, household goods or other related transportation 
services?
102-117.100  After the GBLs retire for domestic shipments, what 
transportation documents may I use to acquire freight, household 
goods or other transportation services?

Subpart B--Business Rules to Consider Before Shipping Freight and 
Household Goods

102-117.105  What business rules must I consider before acquiring 
transportation or related services?
102-117.110  What does best value mean when routing shipments?
102-117.115  What is satisfactory service?
102-117.120  How do I calculate total delivery costs?
102-117.125  To what extent must I distribute orders for 
transportation and related services equally among TSPs?
102-117.130  How detailed must I describe property for shipment?
102-117.135  What factors must I use to decide the most fuel-
efficient TSP?
102-117.140  Must I select TSPs who use alternative fuels?

Subpart C--Restrictions That Affect Transportation of Freight and 
Household Goods

102-117.145  Are there any specific restrictions for international 
transportation?
102-117.150  What is cargo preference?
102-117.155  What are the coastwise laws?
102-117.160  What do I need to know about the coastwise laws?
102-117.165  Where do I go for further information or exceptions to 
the coastwise laws?

Subpart D--Shipping Freight

102-117.170  What is freight?
102-117.175  What shipping process must I use for freight?
102-117.180  What reference materials are available for shipping 
freight?
102-117.185   What determines the mode of transportation?
102-117.190  What documents must I use to ship freight?
102-117.195  Where do I send a copy of these documents?

Subpart E--Shipping Hazardous Material (HAZMAT)

102-117.200  What is HAZMAT?
102-117.205  What are the restrictions for transporting HAZMAT?
102-117.210  Where can I get guidance on transporting HAZMAT?

Subpart F--Shipping Household Goods

102-117.215  What are household goods?
102-117.220  What choices do I have to ship HHG?
102-117.225  What is the difference between a contract, a rate 
tender and a commuted rate system?
102-117.230  Must I perform a cost comparison between a contract, a 
rate tender and the commuted rate system before choosing which 
method to use?
102-117.235  Why is a cost comparison necessary?
102-117.240  How do I get a cost comparison?
102-117.245  What is my agency's financial responsibility to an 
employee who chooses to move all or part of his/her HHG under the 
commuted rate system?
102-117.250  What is my responsibility in providing guidance to an 
employee who wishes to select a more expensive TSP?
102-117.255  What are my responsibilities after the household goods 
are shipped?
102-117.260  What actions may I take if the TSP's performance is not 
satisfactory?
102-117.265  What must I do if there is an overage, shortage, loss 
or damage to the property shipped?
102-117.270  Where do I go for details on preparing discrepancy 
reports?
102-117.275  Where do I send discrepancy reports?
102-117.280  What are my responsibilities to employees regarding the 
TSP's liability for loss or damage claims?
102-117.285  Can I file a claim for loss or damage to property?
102-117.290  Are there time limits affecting the filing of a claim?
102-117.295  Does each mode have different time limits for 
administrative claims?
102-117.300  What are the time limits for judicial claims?

Subpart G--Performance Measures

102-117.305  What are performance measures in transportation?

Subpart H--Transportation Service Provider (TSP) Performance

102-117.310  What performance may I expect from a TSP?
102-117.315  What aspects of the TSP's performance are important to 
measure?
102-117.320  What are my choices if a TSP's performance is not 
satisfactory?
102-117.325  What is the difference between temporary nonuse, 
suspension and debarment?
102-117.330  Who makes these decisions?
102-117.335  Do these decisions go beyond the agency?
102-117.340  Where do I go for additional information on the process 
for suspending or debarring of a TSP?
102-117.345  What records must I keep on temporary nonuse, 
suspension or debarment of a TSP?
102-117.350  Who must I notify on suspension or debarment of a TSP?

Subpart I--Representation Before Regulatory Body Proceedings

102-117.355  What are transportation regulatory body proceedings?
102-117.360  May my agency appear on its own behalf before 
transportation regulatory body proceedings?
102-117.365  When or under what circumstances would GSA delegate 
authority to appear before transportation regulatory body 
proceedings?

[[Page 10443]]

102-117.370  How does my agency ask for a delegation to represent 
itself in a regulatory body proceeding?
102-117.375  What oversight authority does GSA have on 
transportation?

Subpart J--Reports

102-117.380  Is there a requirement for me to report to GSA on my 
transportation activities?
102-117.385  How will GSA use the reporting requirements?

Subpart K--Governmentwide Transportation Policy Council (GTPC)

102-117.390  Is there a Government forum where I can share my 
concerns and receive information on the challenges of transporting 
freight and household goods?
    102-117.395  Where can I get more information about the GTPC?

    Authority: 31 U.S.C. 3726; 40 U.S.C. 481, et seq.


Sec. 102-117.5  What is transportation management?

    Transportation management is the oversight, by an agency, of the 
physical movement of products, household goods (HHG) and other objects 
from one location to another by a transportation service provider 
(TSP).


Sec. 102-117.10  What is the scope of this part?

    This part addresses the shipment of freight and household goods 
worldwide. Freight is Government property. Household goods are unique 
because they are employees' personal property entrusted to the 
Government for shipment.


Sec. 102-117.15  To whom does this part apply?

    This part applies to all agencies and wholly owned Government 
corporations as defined in 5 U.S.C. 101 et seq. and 31 U.S.C. 9101(3).


Sec. 102-117.20  Are any agencies exempt from this part?

    Yes, the following agencies are exempt from this part:
    (a) The Department of Defense is exempted from this part by an 
agreement under the Federal Property and Administrative Services Act of 
1949, as amended (40 U.S.C. 481 et seq.), except for the rules to debar 
or suspend a TSP under the Federal Acquisition Regulation (48 CFR part 
9, subpart 9.4).
    (b) In addition, subpart C of this part, covering household goods, 
does not apply to the uniform service members, under title 37 of the 
United States Code, ``Pay and Allowances of the Uniformed Services,'' 
such as, the uniformed service members serving in the U.S. Coast Guard, 
National Oceanic and Atmospheric Administration and the Public Health 
Service.


Sec. 102-117.25  What definitions apply to this part?

    The following definitions apply to this part:
    Accessorial charges are charges for services other than freight 
charges such as inside delivery, redelivery, reconsignment, and 
demurrage or detention for freight; and packing, unpacking, appliance 
servicing, blocking and bracing, weekend delivery and special handling 
for household goods.
    Agency is any executive agency or wholly owned Government 
corporation (5 U.S.C. 101 et seq. and 31 U.S.C. 9101(3)).
    Bill of lading, sometimes referred to as a commercial bill of 
lading, is the document used as a receipt of goods and documentary 
evidence of title. It also is a contract of carriage except when 
movement is under any other authority than 49 U.S.C. 10721 and 49 
U.S.C. 13712.
    Cargo preference is the legal requirement that all, or a portion of 
all, ocean-borne cargo are transported on U.S. flag vessels.
    Commuted rate system is the system under which an agency may allow 
its employees to make their own shipping arrangements, and apply for 
reimbursement.
    Consignee is a person or agent to whom freight or household goods 
are delivered.
    Consignor is a person or firm that delivers freight or household 
goods to a consignee.
    Contract of carriage is a contract between the TSP and the agency 
to transport freight or household goods outside a rate schedule or a 
household goods tariff rate.
    Debarment is an action to exclude a TSP, for a period of time, from 
providing services under a rate tender or any contract under the 
Federal Acquisition Regulation (48 CFR 9.406).
    Demurrage is the penalty charge for delaying rail transportation 
service beyond the allowed time to load or unload.
    Detention is the penalty charge for delaying truck transportation 
service beyond the allowed time to load or unload.
    Electronic commerce is an electronic technique for carrying out 
business transactions (ordering and paying for goods and services), 
including electronic mail or messaging, Internet technology, electronic 
bulletin boards, credit cards, electronic funds transfers, and 
electronic data interchange.
    Foreign flag vessel is any vessel of foreign registry including 
vessels owned by U.S. citizens but registered in a foreign country.
    Freight consists of supplies, goods, and transportable Government 
property.
    Government bill of lading (GBL) is the Standard Form 1103 or 1203 
used as a receipt of goods, evidence of title, and a contract of 
carriage.
    Governmentwide Transportation Policy Council (GTPC) is an 
interagency forum to help GSA determine policy. It provides agencies 
managing transportation programs a forum to exchange information and 
ideas to solve common problems. For further information, see web site: 
http://policyworks.gov/transportation.
    Hazardous material is a substance or material the Secretary of 
Transportation labels as hazardous and determines to be an unreasonable 
risk to health, safety, and property when transported in commerce, and 
labels as hazardous under section 5103 of the Federal Hazardous 
Materials Transportation Law (49 U.S.C. 5103 et seq.).
    Household goods (HHG) are the personal effects of Government 
employees and their dependents. For information on exceptions or 
exclusions from the definition, see the Federal Travel Regulation (41 
CFR 302-1.4(j)).
    Mode is a method of transportation, such as rail, motor, air, 
water, or pipeline.
    Rate schedule is a non-binding list of freight rates and charges.
    Rate tender is an offer TSPs send to an agency, which contain rates 
and charges for services.
    Receipt is a written or electronic acknowledgment about the 
consignee or TSP as to when and where a shipment was received.
    Release/declared value is stated in dollars and would be the 
maximum amount that could be recovered by the shipper in the event of 
loss or damage. The TSP offers a rate lower than other rates for 
shipping cargo at full value. The statement of released value may be 
shown in any applicable tariff, tender, contract or document covering 
the shipment of freight.
    Reparation is the payment involving a TSP to or from an agency of 
an improper transportation billing. Improper routing, overcharges or 
duplicate payments may cause such improper billing. This is different 
from payments to settle a claim for loss and damage to items shipped 
under those rates.

[[Page 10444]]

    Suspension is an action taken by an agency to disqualify a TSP from 
receiving orders for certain services under a contract or rate tender. 
A suspension is binding on the agency that initiates it, but voluntary 
on other agencies using the affected contract or rate tenders (48 CFR 
9.407).
    Transportation document is any executed agreement for 
transportation service, such as bill of lading, Government bill of 
lading (GBL), Government travel request (GTR) or transportation ticket.
    Transportation service provider (TSP) is any party, person, agent 
or carrier that undertakes by contract or rate agreement to provide 
transportation and related services to an agency.
    U.S. flag air carrier is an air carrier holding a certificate 
issued by the United States under 49 U.S.C. 41102 (49 U.S.C. 40118, 48 
CFR part 47, subpart 47.4).
    U.S. flag vessel is a Government vessel or a privately owned 
commercial vessel registered and operated under the laws of the U.S., 
used in commercial trade of the U.S., and owned and operated by U.S. 
citizens.

Subpart A--Acquiring Transportation or Related Services


Sec. 102-117.30  Are there mandatory services I must use when acquiring 
transportation or transportation related services?

    No, it is your decision on what services you use when acquiring 
transportation or transportation related services. This part implements 
the Treasury, Postal and General Government Appropriations Act of 1994 
(see Public Law 103-102; 107 Stat. 1226, 1247) that changed GSA to a 
nonmandatory source.


Sec. 102-117.35  What choices do I have when acquiring transportation 
and related services?

    Your choices when acquiring transportation and related services 
are:
    (a) Use the GSA tender of service;
    (b) Use another agency's contract or rate tender with a TSP only if 
permitted by the terms of that agreement or if the Administrator of 
General Services delegates authority to another agency to enter into an 
agreement available to other Executive agencies;
    (c) Contract directly with a TSP using the acquisition procedures 
under the Federal Acquisition Regulation (FAR) (48 CFR chapter 1); or
    (d) Use a rate tender under the Federal transportation procurement 
statute, 49 U.S.C. 10721 or 13712.


Sec. 102-117.40  When is it advantageous for me to use another agency's 
contract or rate tender for transportation services?

    It is advantageous to use another agency's contract or rate tender 
for transportation services when:
    (a) Another agency's contract or rate tender offers better or equal 
value than otherwise available to you; or
    (b) Your agency does not have experienced transportation officers.


Sec. 102-117.45  What other factors must I consider when using another 
agency's contract or rate tender?

    When using another agency's contract or rate tender, you must:
    (a) Include any special requirements unique to your agency; or
    (b) Budget for any charges that may occur when you use another 
agency contract or rate tender.


Sec. 102-117.50  What are the advantages and disadvantages for me to 
contract directly with a TSP under the FAR?

    (a) Generally, the FAR is an advantage to use when:
    (1) You know what is shipped, to where, and when.
    (2) You have sufficient time to follow the FAR procedures for a 
contract.
    (3) Your contract office is able to handle this requirement.
    (b) Using the FAR may be a disadvantage when:
    (1) You do not have the time to prepare and execute a FAR contract 
within your particular time frame.
    (2) You have shipments recurring between designated places, but do 
not expect sufficient volume.
    (3) You prefer to use a bill of lading, transportation request or 
other transportation form, in which case you must use the rate tender 
procedures. (See Sec. 102-117.60.)


Sec. 102-117.55  What are the advantages and disadvantages for me to 
use a rate tender?

    (a) Using a rate tender is an advantage when:
    (1) You have a shipment that has a short time frame requirement.
    (2) You have shipments recurring between designated places, but a 
volume movement is not expected.
    (b) Using a rate tender may be a disadvantage when you have 
sufficient time to use the FAR or when you require transportation 
service for which no rate tender currently exists.


Sec. 102-117.60  What are rate tenders?

    (a) Rate tenders are offers the TSP sends to your agency, that 
contain rates and/or charges for services that are equal to or lower 
than those published in filed tariffs for household goods, or rate 
schedules for freight, which are applicable to the public (49 U.S.C. 
10721 and 13712).
    (b) Transportation service providers subject to the jurisdiction of 
the Surface Transportation Board may offer rates published in rate 
tenders under the Federal transportation procurement statute (49 U.S.C. 
13712).
    (c) Rate tenders must contain explicit terms and conditions to 
define the services to be performed and protect the interest of the 
agency and a TSP. (See Sec. 102-117.70.)
    (d) The General Services Administration maintains a collection of 
rate tenders for use by other agencies. For more information on GSA's 
rate tenders contact:

General Services Administration, Mid-Atlantic Region, 470 L'Enfant 
Plaza, SW., Washington, DC 20407.
Web site: http://www.midatlantic.gsa.gov/fss


Sec. 102-117.65  What is the importance of the terms and conditions in 
a rate tender or other transportation document?

    (a) Terms and conditions are important to protect the Government's 
interest and establish the performance and standards expected of the 
TSP.
    (b) Terms and conditions list the services the TSP is offering to 
perform at the cost presented in the rate tender or other 
transportation document.
    (c) These terms and conditions are negotiated between the agency 
and the TSP before movement of any item in all contracts, rate tenders, 
or other negotiated agreements. You must reference these negotiated 
agreements on all transportation documents. For further information, 
see Sec. 102-117.75.
    (d) All rate tenders and transportation documents must reference 
the following terms and conditions:
    (1) Charges cannot be prepaid.
    (2) Charges are not paid at time of delivery.
    (3) To qualify for the rates specified in a rate tender filed under 
the provisions of 49 U.S.C. 10721 or 13712, property must be shipped by 
or for the Government and the rate tender must indicate that the 
Government is either the consignor or the consignee and include the 
following statement: ``Transportation is for the (agency name) and the 
total charges paid to the transportation service provider by the 
consignor or consignee are assigned to, and reimbursed by, the 
Government.'' (Indicate that the Government is the consignor or 
consignee).
    (4) When a rate tender is used for transportation furnished under a 
cost-reimbursable contract, the following statement must be included in 
the rate tender: ``Transportation is for the (agency name), and the 
actual total

[[Page 10445]]

transportation charges paid to the transportation service provider by 
the consignor or consignee are to be reimbursed by the Government 
pursuant to cost reimbursable contract (number). This may be confirmed 
by contacting the agency representative at (name, address and telephone 
number).''
    (5) Other terms and conditions that may be specific to your agency 
or the TSP such as specialized packaging requirements or HAZMAT. For 
further information see the Bill of Lading Handbook.


Sec. 102-117.70  Where do I find more information on terms and 
conditions?

    You may find information about terms and conditions in part 102-118 
of this chapter \1\, or the Transportation Bill of Lading Handbook, 
published by the GSA Audit Division:
---------------------------------------------------------------------------

    \1\ Proposed 41 CFR part 102-118 is published in the Federal 
Register of February 22nd, 2000 (65 FR 8818).

General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW., Washington DC 20405.
Web site: http://www.pub.fss.gsa.gov


Sec. 102-117.75  How do I reference the rate tender on transportation 
documents?

    To ensure proper reference of a rate tender on all shipments, you 
must show the applicable rate tender number and carrier identification 
on all transportation documents, such as, section 13712 quotation, 
``ABC Transportation Company, Tender I.C.C. No. 143''.


Sec. 102-117.80  How are rate tenders filed?

    (a) The TSP must file rate tenders in writing to your agency.
    (b) You should file a copy with the GSA.
    (c) The General Services Administration maintains a collection of 
rate tenders. For more information on GSA's rate tenders contact:

General Services Administration, Mid-Atlantic Region, 470 L'Enfant 
Plaza, SW., Washington, DC 20407.
Web site: http://www.midatlantic.gsa.gov/fss


Sec. 102-117.85  Where must I send a copy of a rate tender for audit 
purposes?

    For audit purposes, send two copies of the rate tender to:

General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW., Washington, DC 20405.
Web site: http://www.pub.fss.gsa.gov


Sec. 102-117.90  What is the difference between a Government bill of 
lading (GBL) and a bill of lading?

    (a) Government Bills of Lading (GBL), Standard Forms 1103 and 1203, 
are controlled documents that convey specific terms and conditions to 
protect the Government interest and act as contract documents.
    (b) A bill of lading is a commercial document that contains certain 
information prescribed by the Department of Transportation (49 CFR part 
1035). A bill of lading is used for Government shipments if the 
specific terms and conditions of a GBL are included in any contract or 
rate tender (see Sec. 102-117.70) and the bill of lading makes 
reference to that contract or rate tender (see Sec. 102-117.75 and the 
Bill of Lading Handbook).


Sec. 102-117.95  May I use the Standard Forms 1103 and 1203, GBLs, to 
acquire freight, household goods or other related transportation 
services?

    You may use the Standard Forms 1103 and 1203, GBLs, to acquire 
transportation services offered under a rate tender until September 30, 
2001. The GBL will completely phase out for domestic shipments on 
September 30, 2001, and be replaced where necessary by commercial bills 
of lading. After September 30, 2001, you may use the GBL on 
international shipments only.


Sec. 102-117.100  After the GBLs retire for domestic shipments, what 
transportation documents may I use to acquire freight, household goods 
or other transportation services?

    Transportation documents you use to acquire freight, household 
goods and other transportation services after the GBLs retire for 
domestic shipments include bills of lading and purchase orders but 
terms and conditions in the Bill of Lading Handbook will still be 
required. For further information on payment methods, see part 102-118 
of this chapter.\2\
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    \2\ See footnote 1 in Sec. 102-117.70.
---------------------------------------------------------------------------

Subpart B--Business Rules to Consider Before Shipping Freight and 
Household Goods


Sec. 102-117.105  What business rules must I consider before acquiring 
transportation or related services?

    Before you acquire transportation or related services you must:
    (a) Route shipments using the mode or individual transportation 
service provider (TSP) that provides the overall best value to the 
agency. For more information, see Sec. Sec. 102-117.110 through 102-
117.140.
    (b) Not give preferential treatment to any TSP when arranging for 
transportation services.
    (c) Ensure that small business concerns receive equal opportunity 
to compete for all business they can perform to the maximum extent 
possible, consistent with the agency's interest. (See 48 CFR part 19.)
    (d) Encourage minority-owned businesses and women-owned businesses, 
to compete for all business they can perform to the maximum extent 
possible, consistent with the agency's interest. (See 48 CFR part 19.)
    (e) Review the Government's policy about insurance while the TSP 
has the property and decide whether or not to insure the shipment or 
buy insurance. Generally, the Government is self-insured; however, 
there are instances when the Government may buy insurance coverage for 
Government property. An example may be cargo insurance for 
international air cargo shipments to cover losses over those allowed 
under the International Air Transport Association (IATA) and similarly 
for ocean freight shipments.
    (f) Consider the added requirements on international transportation 
found in subpart C of this part.


Sec. 102-117.110  What does best value mean when routing shipments?

    Best value to your agency in routing shipments means using the 
mode, or individual TSP that provides the best combination of 
satisfactory service, total delivery cost, equally shared services, and 
most fuel-efficient. Some of these items are explained in 
Sec. Sec. 102-117.115 through 102-117.140.


Sec. 102-117.115  What is satisfactory service?

    You should consider the following factors to decide satisfactory 
service of a TSP:
    (a) Availability and suitability of the TSP's equipment;
    (b) Adequacy of shipping and receiving facilities at origin and 
destination;
    (c) Adequacy of pickup and/or delivery service;
    (d) Availability of accessorial and special services;
    (e) Estimated time in transit;
    (f) Record of past performance of the TSP;
    (g) Warehouse equipment and storage capability;
    (h) Experience of company, management, and personnel to perform the 
requirements; and
    (i) Accuracy of billing.


Sec. 102-117.120  How do I calculate total delivery costs?

    You calculate total delivery costs for your agency by considering 
all costs to the shipping or receiving process, such as packing, 
blocking, bracing, drayage, loading and unloading, and transporting.

[[Page 10446]]

Sec. 102-117.125  To what extent must I distribute orders for 
transportation and related services equally among TSPs?

    (a) You must distribute orders for transportation and related 
services equally among TSPs to the extent that the selected TSPs 
provide the same level of service, cost, fuel-efficient equipment and 
other services.
    (b) You must assure that socially or economically disadvantaged and 
women owned TSPs have equal opportunity to provide the transportation 
or related services.


Sec. 102-117.130  How detailed must I describe property for shipment?

    You must describe property in sufficient detail to clarify for the 
TSP, what equipment the TSP needs to move the shipment. Details might 
include weight, volume, measurements, routing, hazardous cargo, special 
handling, clearance requirements, etc.


Sec. 102-117.135  What factors must I use to decide the most fuel-
efficient TSP?

    To decide the most fuel-efficient TSP, you must consider factors 
such as nearness of the TSP's equipment to the shipping activity and 
ability of TSPs to provide the most direct service to the destination 
points.


Sec. 102-117.140  Must I select TSPs who use alternative fuels?

    No; however, you are encouraged to select TSPs that use alternative 
fuel vehicles and equipment, whenever possible, under policy in the 
Clean Air Act Amendments of 1990 (42 U.S.C. 7612) or the Energy Policy 
Act of 1992 (42 U.S.C. 13212).

Subpart C--Restrictions That Affect Transportation of Freight and 
Household Goods


Sec. 102-117.145  Are there any specific restrictions for international 
transportation?

    Yes, several statutes mandate the use of U.S. flag carriers. For 
example, arrangements for air transportation services must follow the 
Fly America Act (International Fair Competitive Practices Act of 1974) 
(49 U.S.C. 40118). International movement of property requires the use 
of U.S. flag carriers when services are available. (See 48 CFR part 47, 
subparts 47.4 and 47.5.)


Sec. 102-117.150  What is cargo preference?

    Cargo preference is the statutory requirement that all, or a 
portion of all, ocean-borne cargo that moves internationally be 
transported on U.S. flag vessels. Deviations or waivers from the cargo 
preference laws must be approved by:

Department of Transportation, Maritime Administration, Office of 
Cargo Preference, 400 7th Street, SW. Washington, DC 20590.
Web site: http://www.marad.dot.gov/


Sec. 102-117.155  What are the coastwise laws?

    Coastwise laws refers to several laws governing the shipment of 
freight, household goods and passengers by water. The broad purposes 
are to assure reliable shipping service and the existence of a maritime 
capability in times of war or national emergency. (See section 27 of 
the Merchant Marine Act of 1920, 46 App. U.S.C. 883, 19 CFR 4.80.)


Sec. 102-117.160  What do I need to know about the coastwise laws?

    You need to know that:
    (a) Goods transported entirely or partly by water between U.S. 
points, either directly or via a foreign point, must travel in U.S. 
Maritime Administration (MARAD) authorized U.S. Flag vessels;
    (b) There are exceptions and limits with the U. S. Island 
territories and possessions in the Atlantic and Pacific Oceans (see 
Sec. 102-117.150).
    (c) The Secretary of the Treasury is empowered to impose monetary 
penalties against agencies violating the coastwise laws.


Sec. 102-117.165  Where do I go for further information or exceptions 
to the coastwise laws?

    You may refer to 46 App. U.S.C. 883, 19 CFR 4.80, DOT MARAD, the 
U.S. Coast Guard or U.S. Customs Service for further information or 
exceptions to the coastwise laws.

Subpart D--Shipping Freight


Sec. 102-117.170  What is freight?

    Freight includes supplies, goods and any transportable property, 
other than household goods.


Sec. 102-117.175  What shipping process must I use for freight?

    (a) For domestic shipments you must:
    (1) Identify what you are shipping;
    (2) Decide if the cargo is HAZMAT, classified, or sensitive which 
may require special handling or placard requirements;
    (3) Decide mode;
    (4) Check for applicable contracts or rate tenders;
    (5) Select and contract with the most efficient and economical TSP 
that gives the best value;
    (6) Prepare shipping documents; and
    (7) Schedule pickup, oversee shipment, declare released value and 
ensure prompt delivery with a fully executed receipt.
    (b) For international shipments you must follow all the domestic 
procedures and comply with the cargo preference laws for ocean freight. 
For specific information, see subpart C of this part.


Sec. 102-117.180  What reference materials are available for shipping 
freight?

    (a) The following handbooks and guides are a partial list of those 
that may be available from GSA:
    (1) How to Prepare Bills of Lading.
    (2) Limited Authority to Use Commercial Forms and Procedures.
    (3) Submission of Transportation Documents.
    (4) Things to be Aware of When Routing or Receiving Freight 
Shipments.
    (b) For these and other reference materials, you should contact 
either of the following:

General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW, Washington, DC 20405.
Web site: http://pub.fss.gsa.gov/ota

General Services Administration, Federal Supply Service, Office of 
Transportation and Property Management, Transportation Management 
Division (FBF), Crystal Mall Bldg. #4, Room 814, Washington, DC 
20406.
Web site: http://www.gsa.gov/fsstt

Sec. 102-117.185  What determines the mode of transportation?

    Your urgency and special shipping requirements determine which mode 
of transportation you select. Each mode has unique requirements for 
documentation, liability, size, weight and delivery times. HAZMAT, 
radioactive, and other specialized cargo may require special permits 
and may prohibit one or more modes of transportation.


Sec. 102-117.190  What documents must I use to ship freight?

    The documents used to ship freight differ depending on whether the 
shipment is by land, ocean or air as follows:
    (a) By land (domestic shipments), use freight waybills;
    (b) By land (international shipments) use the GBL;
    (c) By ocean, use ocean bills of lading, when suitable, with the 
GBL; and
    (d) By air, use commercial air waybills.


Sec. 102-117.195  Where do I send a copy of these documents?

    The GSA Audit Division is the repository of all transportation 
documents for future claims, court actions and audit purposes. You must 
forward an original copy of all transportation documents to:

General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW., Washington, DC 20405.

[[Page 10447]]

Subpart E--Shipping Hazardous Material (HAZMAT)


Sec. 102-117.200  What is HAZMAT?

    HAZMAT is a substance or material the Secretary of Transportation 
labels as hazardous and determines to be an unreasonable risk to 
health, safety and property when transported in commerce. Therefore, 
there are restrictions on transporting HAZMAT (49 U.S.C. 5103 et seq.).


Sec. 102-117.205  What are the restrictions for transporting HAZMAT?

    Agencies that ship HAZMAT are subject to regulations of the 
Environmental Protection Agency and the Department of Transportation.


Sec. 102-117.210  Where can I get guidance on transporting HAZMAT?

    The Secretary of Transportation prescribes regulations for the safe 
transportation of HAZMAT in intrastate, interstate, and foreign 
commerce in 49 CFR parts 171 through 180. The Environmental Protection 
Agency also prescribes regulations on transporting HAZMAT in 40 CFR 
parts 260 through 266. You may also call the HAZMAT information hotline 
at 1-800-467-4922 (Washington, DC area, call 202-366-4488).

Subpart F--Shipping Household Goods


Sec. 102-117.215  What are household goods?

    Household goods (HHG) are the personal effects of agency employees 
and their dependents.


Sec. 102-117.220  What choices do I have to ship HHG?

    (a) You may choose to ship HHG by:
    (1) Contracting directly with a TSP (including relocation companies 
that offer transportation services) using the acquisition procedures 
under the Federal Acquisition Regulation (FAR) (see Sec. 102-117.35);
    (2) Using another agency's contract with a TSP (see Sec. 102-
117.55);
    (3) Using a rate tender under 49 U.S.C. 10721 or 13712 (see 
Sec. 102-117.60); or
    (4) Using the commuted rate system.
    (b) You may request the Department of State to assist with 
shipments of HHG moving to, from, and between foreign countries or 
international shipments originating in the continental United States. 
The nearest U.S. Embassy or Consulate may assist with arrangements of 
movements originating abroad. For further information contact:

Department of State, Transportation Operations, 2201 C Street, NW., 
Washington, DC 20520.


Sec. 102-117.225  What is the difference between a contract, a rate 
tender and a commuted rate system?

    (a) Under a contract and a rate tender, the agency prepares the 
bill of lading and books the shipment. The agency is the shipper and 
pays the TSP the applicable charges. If loss or damage occurs, the 
agency may either file claims on behalf of the employee directly with 
the TSP, or help the employee in filing claims against the TSP.
    (b) The commuted rate system is the system under which an agency 
allows an employee to make their own arrangements for transporting HHG 
at agency expense. Use this method only within the continental United 
States (not Hawaii or Alaska.) The employee receives reimbursement from 
the agency according to the Commuted Rate Schedule published by the 
GSA. The Commuted Rate Schedule is available on the Internet at http://www.policyworks.gov or by contacting:

General Services Administration (GSA) National Customer Service 
Center 1500 Bannister Rd., Kansas City, MO 64131.
Web site: http://www.ks.gsa.gov./fsstt

Sec. 102-117.230  Must I perform a cost comparison between a contract, 
a rate tender and the commuted rate system before choosing which method 
to use?

    Yes, you must perform a cost comparison between a contract, a rate 
tender, and the commuted rate system prior to making your decision.


Sec. 102-117.235  Why is a cost comparison necessary?

    A cost comparison is necessary to determine if the commuted rate 
system is less than if the Government shipped the HHG. While the 
commuted rate system is an option, it is only an alternative if there 
is a savings to the Government of $100 or more. For employees who still 
choose this method, see Sec. Sec. 102-117.245 and 102-117.250.


Sec. 102-117.240  How do I get a cost comparison?

    (a) You may calculate a cost comparison internally (see 41 CFR 302-
8.3 for requirements of a cost comparison).
    (b) You may request GSA to perform the cost comparisons by sending 
GSA the following information as far in advance as possible (preferably 
30 calendar days):
    (1) Name of employee;
    (2) Origin city, county and State;
    (3) Destination city, county, and State;
    (4) Date of household goods pick up;
    (5) Estimated weight of shipments;
    (6) Number of days storage-in-transit (if applicable); and
    (7) Other relevant data.
    (c) For more information on cost comparisons contact:

General Services Administration, Federal Supply Service, Office of 
Transportation and Property Management, Transportation Management 
Division (FBF), Crystal Mall Bldg. #4, Room 814, Washington, DC 
20406.
Web site: http://www.ks.gsa.gov/fsstt


Sec. 102-117.245  What is my agency's financial responsibility to an 
employee who chooses to move all or part of his/her HHG under the 
commuted rate system?

    (a) Your agency is only responsible for reimbursing the employee 
what it would cost the Government to ship the employee's HHG.
    (b) If the cost of transportation arranged by the employee is less 
than what it would cost the Government, the Government saves, and 
reimburses the employee for the actual expenses of the move.
    (c) If the cost of transportation arranged by the employee is more 
than what it would cost the Government, the employee is liable for the 
additional cost.

    Note to Sec. 102-117.245: For more information and how to 
determine what it would cost the Government to ship HHG, refer to 41 
CFR 302-8.3.

Sec. 102-117.250  What is my responsibility in providing guidance to an 
employee who wishes to select a more expensive TSP?

    You must counsel employees that they may be liable for all costs 
above the amount reimbursed by the agency if they select a TSP that 
charges more than provided under the commuted rate schedule.


Sec. 102-117.255  What are my responsibilities after the household 
goods are shipped?

    (a) You must counsel employees to fill out their portion of the GSA 
Form 3080, Household Goods Carrier Evaluation Report. This form reports 
the quality of the TSP's performance.
    (b) After completing the appropriate sections of this form, the 
employee must send it to the bill of lading issuing officer who in turn 
will complete the form and forward to:

General Services Administration, National Customer Service Center, 
1500 Bannister Rd., Kansas City, MO 64131.
Web site: http://www.kc.gsa.gov.fss/fsstt


Sec. 102-117.260  What actions may I take if the TSP's performance is 
not satisfactory?

    If the TSP's performance is not satisfactory, you may place a TSP 
in temporary nonuse, debarred status, or suspended status. For more 
information, see subpart H of this part and the FAR (see 48 CFR 9.406-3 
and 9.407-3).

[[Page 10448]]

Sec. 102-117.265  What must I do if there is an overage, shortage, loss 
or damage to the property shipped?

    You must prepare a discrepancy report documenting any differences 
in the quantity or condition of property received.


Sec. 102-117.270  Where do I go for details on preparing discrepancy 
reports?

    For details, refer to the GSA handbook, ``Discrepancies or 
Deficiencies in GSA or DOD Shipments, Material or Billings.'' (See 41 
CFR part 101-26, subpart 101-26.8.)


Sec. 102-117.275  Where do I send discrepancy reports?

    You must send discrepancy reports to the TSP and:

General Services Administration, National Customer Service Center, 
1500 Bannister Road, Kansas City, MO 64131.
Web site: http://www.ks.gsa.gov/fsstt


Sec. 102-117.280  What are my responsibilities to employees regarding 
the TSP's liability for loss or damage claims?

    (a) In general, you must notify employees of their rights and 
procedures to file claims.
    (b) You must advise employees on the limits of the TSP's liability 
for loss of and damage to their HHG so the employee may evaluate the 
need for added insurance.
    (c) File claims for loss and damage to HHG with the TSP. Depending 
on agency policy, you must notify employees whether they or the agency 
will file claims for the repair, replacement, or loss of HHG.
    (d) Employees who sustain a loss or damage to their HHG that 
exceeds the amount recovered from a TSP in settlement of a claim may a 
claim against the United States for the difference. Agencies may 
compensate employees up to $40,000 on claims for loss and damage under 
31 U.S.C. 3721, 3723 (41 CFR 302-8.2(f)).
    (e) When the agency's policy is not to compensate its employees, 
the agency must advise employees of the options available for insuring 
their HHG against greater monetary loss.


Sec. 102-117.285  Can I file a claim for loss or damage to property?

    Yes, you may file a claim for loss or damage with the TSP.


Sec. 102-117.290  Are there time limits affecting the filing of a 
claim?

    Yes, several statutes limit the time for administrative or judicial 
action against a TSP.


Sec. 102-117.295  Does each mode have different time limits for 
administrative claims?

    Yes, each mode and type of claim (freight charges, reparations, and 
loss and damage) have different statutory time limits.


Sec. 102-117.300  What are the time limits for judicial claims?

    The following table lists the time limits on actions taken by an 
agency, based on mode and type of claim:

                         Time Limits On Actions Taken By Federal Government Against TSP
----------------------------------------------------------------------------------------------------------------
               Mode                    Freight charges 1             Reparations             Loss and damage
----------------------------------------------------------------------------------------------------------------
(a) Rail.........................  3 years..................  3 years.................  6 years
                                   49 U.S.C. 11705(f).......  49 U.S.C. 11705(f)......  28 U.S.C. 2415
(b) Motor........................  3 years..................  3 years.................  6 years
                                   49 U.S.C. 14705(f).......  49 U.S.C. 14705(f)......  28 U.S.C. 2415
(c) Freight Forwarders Subject to  3 years..................  3 years.................  6 years
 the IC Act.                       49 U.S.C. 14705(f).......  49 U.S.C. 14705(f)......  28 U.S.C. 2415
(d) Water Subject to the IC Act..  3 years..................  3 Years.................  6 years
                                   49 U.S.C. 14705(f).......  49 U.S.C. 14705(f)......  28 U.S.C. 2415
(e) Water Not subject to the IC    6 years..................  2 Years.................  1 Year
 Act.                              28 U.S.C. 2415...........  46 U.S.C. apps 1713(e)..  46 U.S.C. 1303 (6) (if
                                                                                         subject to Carriage of
                                                                                         Goods by Sea Act, 46
                                                                                         USC 1300-1315
(f) Domestic Air.................  6 years..................  ........................  6 years
                                   28 U.S.C. 2415...........                            28 U.S.C. 2415
(g) International Air............  6 years..................  ........................  2 years
                                   28 U.S.C. 2415...........                            49 U.S.C. 40105
----------------------------------------------------------------------------------------------------------------
1 Freight charges refer to the appropriateness of the charge or discriminatory pricing.

Subpart G--Performance Measures


Sec. 102-117.305  What are performance measures in transportation?

    (a) Performance measures are indicators of how you are supporting 
your customers and doing your job. With this information and data you 
can provide your management specific accomplishments and explain how 
your success is supporting the agency mission. Agencies will adapt 
techniques to better manage mode, service, and cost of transportation. 
In addition, the Government Performance and Results Act (GPRA) of 1993 
(31 U.S.C. 1115), requires agencies to develop business plans and set 
up program performance measures.
    (b) Examples of performance measurements in transportation would 
include how well you:
    (1) Increase the use of electronic commerce and reduce data 
requirements;
    (2) Increase use of commercial products and services to meet your 
agency requirements;
    (3) Use TSPs with a track record of successful past performance or 
proven superior ability;
    (4) Promote competition in moving agency freight and household 
goods;
    (5) Assure that delivery of freight and household goods is on time 
against measured criteria;
    (6) Benchmark existing practices between agencies and industry for 
the best practices;
    (7) Create simplified procedures to be responsive and adaptive to 
the customer needs and concerns;
    (8) Determine customer satisfaction on carrier performance; and
    (9) Any specific measure that furthers your agency's mission.

Subpart H--Transportation Service Provider (TSP) Performance


Sec. 102-117.310  What performance may I expect from a TSP?

    You may expect the TSP to provide consistent and satisfactory 
service to meet your agency transportation needs.

[[Page 10449]]

Sec. 102-117.315  What aspects of the TSP's performance are important 
to measure?

    Important performance measures may include, but are not limited to 
the:
    (a) TSP's percentage of on-time deliveries;
    (b) Percentage of shipments that include overcharges or 
undercharges;
    (c) Percentage of claims received in a given period;
    (d) Percentage of returns received on-time;
    (e) Percentage of shipments rejected;
    (f) Percentage of billing improprieties;
    (g) Average response time on tracing shipments;
    (h) TSP's safety record (accidents, losses, damages or misdirected 
shipments) as a percentage of all shipments;
    (i) TSP's driver record (accidents, traffic tickets and driving 
complaints) as a percentage of shipments; and
    (j) Percentage of customer satisfaction reports on carrier 
performance.


Sec. 102-117.320  What are my choices if a TSP's performance is not 
satisfactory?

    You may choose to place a TSP in temporary nonuse, suspension, or 
debarment.


Sec. 102-117.325  What is the difference between temporary nonuse, 
suspension and debarment?

    (a) Temporary nonuse is limited to your agency and initiated by the 
agency transportation officers. A TSP may be placed in temporary nonuse 
for a period not to exceed 90 days for:
    (1) Willful violations of the terms of the rate tender;
    (2) Persistent or willful failure to meet requested packing and 
pickup service;
    (3) Failure to meet required delivery dates;
    (4) Violation of Department of Transportation hazardous material 
regulations;
    (5) Mishandling of freight, damaged or missing transportation 
seals, improper loading, blocking, packing or bracing of property;
    (6) Improper routing of property;
    (7) Failure to pay just debts to ensure shipments are not 
unlawfully seized or detained;
    (8) Operating without legal authority;
    (9) Failure to settle claims according to Government regulations; 
and
    (10) Repeated failure to comply with regulations of the Department 
of Transportation, Surface Transportation Board, State or local 
Governments or failure to comply with other Government regulations.
    (b) Suspension is disqualifying a TSP from receiving orders for 
certain services under a contract or rate tender pending an 
investigation or legal proceeding. A suspension is binding on the 
agency that initiates it, but voluntary on other agencies using the 
affected contract or rate tender. A TSP may be suspended on adequate 
evidence of:
    (1) Fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a contract for transportation;
    (2) Violation of Federal or State antitrust statutes;
    (3) Embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; and
    (4) Any other offense indicating a lack of business integrity or 
business honesty which seriously and directly affects the present 
responsibility of the TSP as a transporter of the Government's property 
or the HHG of its employees relocated in the interest of the 
Government.
    (c) Debarment means action taken to exclude a contractor from 
contracting with all Federal agencies. The seriousness of the TSP's 
acts or omissions and the mitigating factors must be considered in 
making any debarment decisions. A TSP may be debarred for the following 
reasons:
    (1) Failure of a TSP, within the period of temporary nonuse, to 
correct any of the causes; or
    (2) Conviction of or civil judgment for any of the causes for 
suspension.


Sec. 102-117.330  Who makes these decisions?

    (a) The transportation officer may place a TSP in temporary nonuse 
for a period not to exceed 90 days.
    (b) The serious nature of suspension and debarment requires that 
these sanctions be imposed only in the public interest for the 
Government's protection and not for purposes of punishment. Only the 
agency head or his/her designee authorized by the agency may debar or 
suspend.


Sec. 102-117.335  Do these decisions go beyond the agency?

    (a) Temporary nonuse does not go beyond the agency. Agencies must 
notify GSA of all suspended or debarred TSPs. (See Sec. 102-117.350.)
    (b) GSA compiles and maintains a current list of all suspended or 
debarred TSPs and periodically distributes the list to all agencies and 
the General Accounting Office.


Sec. 102-117.340  Where do I go for additional information on the 
process for suspending or debarring of a TSP?

    Refer to the Federal Acquisition Regulation (48 CFR part 9, subpart 
9.4) for policies and procedures governing the suspension and debarment 
of a TSP.


Sec. 102-117.345  What records must I keep on temporary nonuse, 
suspension or debarment of a TSP?

    (a) You must set up a program to follow your agency's internal 
record retention procedures for documentation related to TSPs placed in 
a nonuse, suspended or debarred status.
    (b) For temporary nonuse your records must contain the following 
information:
    (1) Name, address, and Standard Carrier Alpha Code and Taxpayer 
Identification Number of each TSP placed in temporary nonuse status;
    (2) The duration and scope of the temporary nonuse status;
    (3) The cause for imposing temporary nonuse, and the facts showing 
the existence of such a cause;
    (4) Information and arguments in opposition to the temporary nonuse 
period sent by the TSP or its representative; and
    (5) The reviewing official's determination about keeping or 
removing temporary nonuse status.
    (c) For suspended or debarred TSP's your records must include the 
same information as paragraph (b) of this section and you must:
    (1) Assure your agency does not award contracts to suspend or 
debarred TSP's.
    (2) Notify GSA. (See Sec. 102-117.350.)


Sec. 102-117.350  Who must I notify on suspension or debarment of a 
TSP?

    Agencies must report any suspension or debarment actions monthly to 
the:
    (a) General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW., Washington, DC 20405, Web site: 
http://pub.fss.gsa.gov/ota;
    (b) General Services Administration, Federal Supply Service, Office 
of Transportation and Property Management, Transportation Management 
Division (FBF), Crystal Mall Bldg. #4, Room 814, Washington, DC 20406, 
Web site: http://www.ks.gsa.gov/fsstt; and
    (c) General Services Administration, GSA Board of Contract Appeals, 
1800 F Street, NW., Room 4027, Washington, DC 20405, Web site: http://epls.arnet.gov.

Subpart I--Representation Before Regulatory Body Proceedings


Sec. 102-117.355  What are transportation regulatory body proceedings?

    Transportation regulatory body proceedings are hearings before a 
transportation governing entity, such as

[[Page 10450]]

a State Public Utility Commission or the Surface Transportation Board. 
These proceedings may be at the Federal or State level depending on the 
activity regulated.


Sec. 102-117.360  May my agency appear on its own behalf before 
transportation regulatory body proceedings?

    Generally, unless so delegated by the Administrator of General 
Services, no executive agency may appear on its own behalf in any 
proceeding before a transportation regulatory body. The statutory 
authority for the Administrator of General Services to participate in 
regulatory proceedings is in section 201(a)(4) of the Federal Property 
and Administrative Services Act of 1949, as amended (40 U.S.C. 
481(a)(4)).


Sec. 102-117.365  When or under what circumstances would GSA delegate 
authority to appear before transportation regulatory body proceedings?

    GSA will delegate authority to appear before transportation 
regulatory body proceedings when it does not have the expertise, or 
when it is out of GSA's scope, to make determinations on issues such as 
protests of rates, routings or excessive charges.


Sec. 102-117.370  How does my agency ask for a delegation to represent 
itself in a regulatory body proceeding?

    You must send requests with enough detail to explain the 
circumstances surrounding the need for delegation of authority for 
representation to:

General Services Administration, Office of Governmentwide Policy 
(MT), 1800 F Street, NW., Washington, DC 20405.


Sec. 102-117.375  What oversight authority does GSA have on 
transportation?

    (a) The GSA has oversight of public utilities used by the Federal 
Government including transportation. There are specific requirements a 
TSP must go through on the State level, such as the requirement to 
obtain a certificate of public convenience and necessity.
    (b) Further, a TSP must obtain an affidavit from those agencies 
that would use the TSP. As an oversight mandate, GSA coordinates this 
function.
    (c) GSA has a list of TSPs, which meet certain criteria regarding 
insurance and safety, approved by the Department of Transportation. You 
must furnish GSA with an affidavit to determine if the TSP meets the 
basic qualification to protect the Government's interest. For further 
information contact:

General Services Administration, Federal Supply Service, Office of 
Transportation and Property Management, Transportation Management 
Division (FBF), Crystal Mall Bldg. #4, Room 814, Washington, DC 
20406.

Subpart J--Reports


Sec. 102-117.380  Is there a requirement for me to report to GSA on my 
transportation activities?

    (a) Yes, GSA will work with your agency and other agencies to 
develop reporting requirements and procedures. In particular, GSA will 
develop a Governmentwide transportation reporting system by October 1, 
2002.
    (b) Preliminary reporting requirements may include an electronic 
formatted report on the quantity shipped, locations (from and to) and 
cost of transportation. The following categories are examples:
    (1) Dollar amount spent for transportation;
    (2) Volume of weight shipped;
    (3) Commodities shipped;
    (4) HAZMAT shipped;
    (5) Mode used for shipment;
    (6) Location of items shipped (international or domestic); and
    (7) Domestic subdivided by East and West (Interstate 85).


Sec. 102-117.385  How will GSA use the reporting requirements?

    (a) Reporting on transportation and transportation related services 
will provide GSA:
    (1) The ability to assess the magnitude of transportation within 
the Government;
    (2) Information on best practices;
    (3) Data to analyze and recommend changes to policies, standards, 
practices, and procedures to improve Government transportation; and
    (4) A better understanding of how your activity relates to other 
agencies and your influence on the Governmentwide picture of 
transportation services.
    (b) In addition, this information will assist you in showing your 
management the magnitude of your agency's transportation program and 
the effectiveness of your efforts to control cost and improve service.

Subpart K--Governmentwide Transportation Policy Council (GTPC)


Sec. 102-117.390  Is there a Government forum where I can share my 
concerns and receive information on the challenges of transporting 
freight and household goods?

    Yes, the Office of Governmentwide Policy sponsors a Governmentwide 
Transportation Policy Council (GTPC) to help agencies in the 
establishment, improvement and maintenance of effective transportation 
management policies, practices and procedures. The council:
    (a) Collaborates with private and public stakeholders to promote 
solutions that lead to effective results and develop valid measures of 
performance; and
    (b) Provides assistance in developing the Governmentwide 
transportation reporting system (see Sec. 102-117.10).


Sec. 102-117.395  Where can I get more information about the GTPC?

    If you or a TSP have questions, comments or suggestions to help 
increase the effectiveness of Government transportation policy, 
contact:

General Services Administration, Office of Governmentwide Policy 
(MT), 1800 F Street, NW., Washington, DC 20405.
Web site: http://policyworks.gov/transportation


    Dated: February 15, 2000.
G. Martin Wagner,
Associate Administrator for Governmentwide Policy.
[FR Doc. 00-4060 Filed 2-25-00; 8:45 am]
BILLING CODE 6820-24-P