Rule2022-11050
Federal Management Regulation; Technical Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 31, 2022
Effective
August 29, 2022
Issuing agencies
General Services Administration
Abstract
GSA is issuing a direct final rule amending the Federal Management Regulation (FMR) to effectuate editorial and technical changes including updating authorities, agency contact information, website and email addresses, simplifying requirements, and removing provisions that are no longer applicable. These changes are needed to provide accurate information for agencies to properly manage their Transportation Management and Transportation Payment and Audit programs.
Full Text
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Rules and Regulations]
[Pages 32320-32327]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11050]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 102-117 and 102-118
[FMR Case 2018-102-5; Docket No. GSA-FMR-2018-0014, Sequence No. 1]
RIN 3090-AJ97
Federal Management Regulation; Technical Amendments
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Direct final rule.
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SUMMARY: GSA is issuing a direct final rule amending the Federal
Management Regulation (FMR) to effectuate editorial and technical
changes including updating authorities, agency contact information,
website and email addresses, simplifying requirements, and removing
provisions that are no longer applicable. These changes are needed to
provide accurate information for agencies to properly manage their
Transportation Management and Transportation Payment and Audit
programs.
DATES: Effective August 29, 2022 without further action, unless adverse
comment is received by June 30, 2022. If adverse comment is received,
GSA will publish a timely withdrawal of the rule in the Federal
Register.
ADDRESSES: Submit comments in response to FMR Case 2018-102-5 to the
Federal eRulemaking portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for ``FMR Case 2018-102-5''. Select the link ``Comment Now'' that
corresponds with ``FMR Case 2018-102-5''. Follow the instructions
provided at the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FMR Case 2018-102-5'' on your attached
document. If your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FMR Case 2018-
102-5'' in all correspondence related to this case. Comments received
generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Ron Siegel, Program Analyst, Office of Government-wide Policy, at
202-702-0840. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat at 202-501-4755. Please
cite FMR Case 2018-102-5.
[[Page 32321]]
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to 40 United States Code (U.S.C.) 501, the Administrator
of General Services (Administrator) has the authority to procure and
supply personal property and nonpersonal services for executive
agencies including transportation and traffic management services. This
statute also provides the Administrator with the authority to prescribe
policies and methods for the procurement of transportation and traffic
management services. These policies and methods for managing
transportation and traffic management programs are codified in 41 CFR
part 102-117 (FMR part 102-117).
The Travel and Transportation Reform Act of 1998 (Pub. L. 105-264)
established agency statutory requirements for prepayment audits of
Federal agency transportation expenses and established GSA's statutory
authority for audit oversight to protect the financial interests of the
Government (31 U.S.C. 3726). GSA has codified these requirements in 41
CFR part 102-118, Transportation Payment and Audit (FMR part 102-118).
GSA amended FMR part 102-117 in 2015 (80 FR 57102), and again in
2016 (81 FR 65298) along with FMR part 102-118. Since then, numerous
technological changes have automated processes; GSA consolidated
properties which eliminated physical addresses; and statutory changes
require regulatory modifications such as references to legal citations.
This rule updates contact information including phone numbers,
email, website, and mailing addresses. It corrects hyperlinks, form
numbers, and legal references. It also clarifies conditions for using
forms and revises outdated and inaccurate administrative procedures.
Furthermore, this rule will remove references to outdated information,
eliminate references to both GSA's obsolete eLearning Transportation
Officer training site and its web-based reporting tool, Federal
Interagency Transportation System.
This rule clarifies when the Standard Form 1113, Public Voucher for
Transportation Charges, is required to be submitted by a transportation
service provider and when it is optional. The rule also eliminates
references to the U.S. Government Bill of Lading--Privately Owned
Personal Property (PPGBL) form number, Optional Form 1203. The form was
canceled in 2002 (67 FR 35113). The Department of Defense continues to
use this form but refers to it only by its name, U.S. Government Bill
of Lading--Privately Owned Personal Property (PPGBL), therefore the FMR
is being updated to address the form by its name. Furthermore, agencies
were instructed in 2002 to use the Government Bill of Lading (GBL), SF
1103, in place of the PPGBL. This rule also removes the references to
the Memorandum Copies of the GBL (1103A) and PPGBL (1203A) since the
forms are no longer maintained by GSA and the GBL is available online
as a fillable form which enables agencies to print multiple copies.
GSA is removing the unnecessary procedures for agencies to request
the GBL and the Government Transportation Request (GTR) forms and their
corresponding control numbers. Both forms are available online in the
GSA Forms Library. FMR Sec. 102-118.245 instructs agencies to request
document control numbers for these forms from the GSA Inventory
Management Branch in Fort Worth, Texas; however that office was closed
in 2015. The Technical Services and Commodity Branch was assigned the
duty of providing control numbers for the documents but no longer
provides these numbers to agencies. Since an agency is required to
create a unique numbering system to track transportation documents, it
should already include any GBLs and GTRs it issues in that numbering
scheme. Removing GSA from this process does not change an agency's
accountability or responsibility for these documents and does not
change how or when the forms can be used. Agencies are still required
to use commercial forms and payment practices except in the limited
circumstances as specified in these FMR parts.
Agencies that participate in a GSA rate tender program no longer
pay an administrative service charge to GSA. Therefore, this rule will
update FMR Sec. 102-117.35 to remove the reference that it is a
disadvantage for an agency to use a GSA rate tender program because the
participating agency is charged an administrative service charge. Any
fees assessed by GSA are addressed in GSA procurement documents, are
not necessarily a disincentive for an agency, and are generally not
regulatory.
Additionally, in 2008, Public Law 110-246 amended Title 31 of the
U.S. Code to include the elimination of the statute of limitations
applicable to collection of debt by administrative offset. This
amendment removes the obsolete requirement that imposed a 10-year
limitation on agencies to collect ordinary debts and it updates the
references in FMR part 102-118 to provide agencies with the proper
information.
Finally, this rule corrects the reference to the Department of
State's website for Civil Air Transport Agreements, clarifies the
deadlines for Federal agencies to submit documents to the United States
Maritime Administration (MARAD), and corrects inaccurate information
for contacting MARAD. The intended effect of this rule is to enhance
accuracy, decrease workload, and reduce misunderstandings of the
regulations.
B. Analysis of Costs and Benefits
The changes presented in this rule are predominantly administrative
and are expected to create little or no additional cost and
insignificant savings to Federal and non-Federal entities that are
required to comply with either or both of these FMR parts. Implementing
this rule will decrease confusion for agencies, streamline invoicing
procedures for transportation vendors, and reduce time lost going to
outdated links or attempting to use inaccurate references.
C. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
D. Congressional Review Act
The Office of Information and Regulatory Affairs has determined
that this rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Additionally, this rule is excepted from the Congressional Review Act
(CRA) reporting requirements prescribed under 5 U.S.C. 801 since it
relates to agency management or personnel under 5 U.S.C. 804(3).
E. Regulatory Flexibility Act
This 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 it
[[Page 32322]]
applies to agency management or personnel.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. GSA invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
GSA will also consider comments from small entities concerning the
existing regulations in subparts affected by the rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C 610 (FMR Case 2018-102-5), in
correspondence.
F. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects
41 CFR Part 102-117
Freight, Government property management, Moving of household goods,
Reporting and recordkeeping requirements, Transportation.
41 CFR Part 102-118
Accounting, Claims, Government property management, Reporting and
recordkeeping requirements, Transportation.
Robin Carnahan,
Administrator.
For reasons set forth in the preamble, GSA is amending 41 CFR parts
102-117 and 102-118 as set forth below:
PART 102-117--TRANSPORTATION MANAGEMENT
0
1. The authority citation for part 102-117 continues to read as
follows:
Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.
Sec. 102-117.20 [Amended]
0
2. Amend Sec. 102-117.20(a) by removing ``(40 U.S.C. 481 et seq.)''
and adding ``(40 U.S.C. 501 et seq.)'' in its place.
0
3. Amend Sec. 102-117.25 by removing the definition ``Governmentwide
Transportation Policy Council (GTPC)'' and adding the definition of
``Government-wide Transportation Policy Council (GTPC)'' in its place
to read as follows:
Sec. 102-117.25 What definitions apply to this part?
* * * * *
Government-wide Transportation Policy Council (GTPC) is an
interagency forum to help GSA formulate policy. It provides agencies
managing transportation programs a forum to exchange information and
ideas to solve common problems. For further information on this
council, see website: <a href="https://gsa.gov/transportationpolicy">https://gsa.gov/transportationpolicy</a>.
* * * * *
Sec. 102-117.35 [Amended]
0
4. Amend Sec. 102-117.35 by:
0
a. Adding ``and'' to the end of paragraph (b)(2);
0
b. Removing paragraph (b)(3); and
0
c. Redesignating paragraph (b)(4) as paragraph (b)(3).
0
5. Amend Sec. 102-117.65 by revising paragraph (f) to read as follows:
Sec. 102-117.65 What terms and conditions must all rate tenders or
contracts include?
* * * * *
(f) 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 ``U.S. Government Freight Transportation
Handbook,'' available at <a href="https://gsa.gov/transaudits">https://gsa.gov/transaudits</a>.
0
6. Amend Sec. 102-117.80 by revising paragraph (b) to read as follows:
Sec. 102-117.80 How are rate tenders filed?
* * * * *
(b) You must send two copies of the rate tender to: General
Services Administration, Office of Travel, Employee Relocation and
Transportation, Attn: Transportation Audits Division, 1800 F Street NW,
3rd Floor, Mail Hub 3400, Washington, DC 20405, or email:
(1) <a href="/cdn-cgi/l/email-protection#277463636475465342546740544609404851"><span class="__cf_email__" data-cfemail="abf8efefe8f9cadfced8ebccd8ca85ccc4dd">[email protected]</span></a> subject line SDDC OTO Tenders (DoD only); or
(2) <a href="/cdn-cgi/l/email-protection#451100040968092c273724373c052236246b222a33"><span class="__cf_email__" data-cfemail="2d79686c610061444f5f4c5f546d4a5e4c034a425b">[email protected]</span></a> subject line GSA Rate Quotes, Tenders/Rate
Quotes/Tariffs (all agencies except DoD).
Sec. 102-117.85 [Amended]
0
7. Amend Sec. 102-117.85(a) by removing ``Optional Forms 1103 or 1203,
is a controlled document'' and adding ``Standard Form 1103, is a
document'' in its place.
0
8. Amend Sec. 102-117.135 by:
0
a. Removing from paragraph (a)(1)(i) ``<a href="http://www.state.gov/e/eb/tra/ata/index.htm">http://www.state.gov/e/eb/tra/ata/index.htm</a>'' and adding ``<a href="https://www.state.gov/civil-air-transport-agreements">https://www.state.gov/civil-air-transport-agreements</a>'' in its place; and
0
b. Revising paragraph (b).
The revision reads as follows:
Sec. 102-117.135 What are the international transportation
restrictions?
* * * * *
(b) Ocean cargo. International movement of property by water is
subject to the Cargo Preference Act of 1954, as amended, 46 U.S.C.
55305, and the implementing regulations found at 46 CFR part 381, which
require the use of a U.S. flag carrier for at least 50% of the tonnage
shipped by each department or agency when service is available (see 46
CFR 381.7). The Maritime Administration (MARAD) monitors agency
compliance with these laws. All departments or agencies shipping
Government-impelled cargo must comply with the reporting provisions of
46 CFR 381.3. For further information contact MARAD, Tel: 202-366-4610,
Email: <a href="/cdn-cgi/l/email-protection#1f7c7e6d787031727e6d7e7b5f7b706b31787069"><span class="__cf_email__" data-cfemail="b6d5d7c4d1d998dbd7c4d7d2f6d2d9c298d1d9c0">[email protected]</span></a>. For further information on international
ocean shipping, go to: <a href="https://www.maritime.dot.gov/ports/cargo-preference/cargo-preference">https://www.maritime.dot.gov/ports/cargo-preference/cargo-preference</a>.
0
9. Revise Sec. 102-117.140 to read as follows:
Sec. 102-117.140 What is cargo preference?
Cargo preference is the statutory requirement that all, or a
portion of all, U.S. Government owned, procured, furnished, or financed
ocean-borne cargo that moves internationally be transported on U.S.
flag vessels.
Sec. 102-117.145 [Amended]
0
10. Amend Sec. 102-117.145 by removing ``46 App. U.S.C. 883'' from the
second sentence and adding ``46 U.S.C. Chapter 551'' in its place.
0
11. Amend Sec. 102-117.150 by revising paragraph (c) to read as
follows:
Sec. 102-117.150 What do I need to know about coastwise laws?
* * * * *
(c) The Commissioner of United States Customs and Border
Protection, by delegation of the Secretary of the Department of
Homeland Security, and the Secretary of the Treasury are authorized to
impose monetary penalties against agencies that violate the coastwise
laws.
Sec. 102-117.155 [Amended]
0
12. Amend Sec. 102-117.155 by removing ``46 App. U.S.C. 883'', ``800-
987-3524'', and ``U.S. Customs Service'' and adding ``46 U.S.C. Chapter
551'', ``202-336-4610'', and ``U.S. Customs and Border Protection'' in
their places, respectively.
0
13. Revise Sec. 102-117.170 to read as follows:
[[Page 32323]]
Sec. 102-117.170 What reference materials are available to ship
freight?
(a) Information and guidance on shipping Government-owned freight
is available at <a href="https://gsa.gov/transportationpolicy">https://gsa.gov/transportationpolicy</a>.
(b) Information on transportation programs is available at <a href="https://gsa.gov/transportation">https://gsa.gov/transportation</a>.
(c) Transportation handbooks are available at <a href="https://gsa.gov/transaudits">https://gsa.gov/transaudits</a>.
(d) Resources related to the transportation of freight are
available on the Acquisition Gateway (<a href="https://hallways.cap.gsa.gov/">https://hallways.cap.gsa.gov/</a>).
See the Transportation and Logistics Services Hallway for information
specific to shipping freight.
0
14. Revise Sec. 102-117.185 to read as follows:
Sec. 102-117.185 Where must I send a copy of the transportation
documents?
(a) You must forward an original copy of all transportation
documents to: General Services Administration, Office of Travel,
Employee Relocation and Transportation, Attn: Transportation Audits
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC
20405, or email:
(1) <a href="/cdn-cgi/l/email-protection#edbea9a9aebf8c99889ead8a9e8cc38a829b"><span class="__cf_email__" data-cfemail="580b1c1c1b0a392c3d2b183f2b39763f372e">[email protected]</span></a>--subject line SDDC OTO Tenders (DOD only).
(2) <a href="/cdn-cgi/l/email-protection#e1b5a4a0adccad8883938098a1869280cf868e97"><span class="__cf_email__" data-cfemail="beeafbfff293f2d7dcccdfc7fed9cddf90d9d1c8">[email protected]</span></a>--subject line GSA Rate Quotes, Tenders/Rate
Quotes/Tariffs (all agencies except DOD).
(b) For all property shipments subject to cargo preference laws
(see Sec. 102-117.140), a copy of the ocean carrier's bill of lading,
showing all freight charges, must be sent to MARAD within 20 working
days of the date of loading for shipments originating in the United
States, the District of Columbia, its territories or possessions and
within 30 working days for shipments originating outside the United
States, the District of Columbia, its territories or possessions.
Sec. 102-117.220 [Amended]
0
15. Amend Sec. 102-117.220 by:
0
a. Removing from paragraph (a)(3) ``(see Sec. 102-117.35)'' and adding
``(see Sec. 102-117.30)'' in its place; and
0
b. Removing the Note to Sec. 102-117-220.
0
16. Revise Sec. 102-117.235 to read as follows:
Sec. 102-117.235 How do I get a cost comparison?
(a) You may calculate a cost comparison internally according to 41
CFR part 302-7.
(b) You may request GSA to perform the cost comparison if you
participate in the CHAMP program by sending GSA the following
information as far in advance as possible:
(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 the Employee
Relocation Resource Center at <a href="/cdn-cgi/l/email-protection#a9ccdbdbcae9cedac887cec6df"><span class="__cf_email__" data-cfemail="dfbaadadbc9fb8acbef1b8b0a9">[email protected]</span></a>.
Sec. 102-117.240 [Amended]
0
17. Amend Sec. 102-117.240 by:
0
a. Designating the Note to Sec. 102-117.240 as Note 1 to Sec. 102-
117.240; and
0
b. In newly designated Note 1 to Sec. 102-117.240, removing
``Transportation and Temporary Storage of Household Goods and
Professional Books, Papers, and Equipment (PBP&E)'' and adding
``Transportation and Temporary Storage of Household Goods, Professional
Books, Papers, and Equipment, (PBP&E) and Baggage Allowance'' in its
place.
0
18. Amend Sec. 102-117.250 by revising paragraph (b) to read as
follows:
Sec. 102-117.250 What are my responsibilities after shipping the
household goods?
* * * * *
(b) Under the CHAMP program, 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. TSPs
generate the GSA Form 3080 within GSA's Transportation Management
Services Solution (TMSS) system and send the employee a link to
complete the form.
Sec. 102-117.260 [Amended]
0
19. Amend Sec. 102-117.260(c) by removing ``(41 CFR 302-8.2(f))'' and
adding ``(41 CFR 302-7.12)'' in its place.
Sec. 102-117.270 [Amended]
0
20. Amend Sec. 102-117.270(a) by removing from the third sentence
``Government Performance and Results Act (GPRA) of 1993'' and adding
``GPRA Modernization Act of 2010'' in its place.
Sec. 102-117.300 [Amended]
0
21. Amend Sec. 102-117.300(b) by removing ``on the Excluded Parties
Lists System (EPLS) maintained by GSA at <a href="http://www.epls.gov">http://www.epls.gov</a>'' and
adding ``on the System for Award Management (SAM) maintained by GSA at
<a href="https://sam.gov/">https://sam.gov/</a>'' in its place.
Sec. 102-117.315 [Amended]
0
22. Amend Sec. 102-117.315 by removing ``to the Excluded Parties List
System: <a href="http://www.epls.gov">http://www.epls.gov</a>''.
Sec. 102-117.325 [Amended]
0
23. Amend Sec. 102-117.325 by removing ``(40 U.S.C. 481(a)(4))'' and
adding ``(40 U.S.C. 501(c)(1)(B))'' in its place.
0
24. Revise Sec. 102-117.335 to read as follows:
Sec. 102-117.335 How does my agency ask for a delegation of authority
to represent itself in a regulatory body proceeding?
You must email your request with enough detail to explain the
circumstances surrounding the need for a delegation of authority for
representation to <a href="/cdn-cgi/l/email-protection#a0e7f3e18defe7f08df4d2c1ced3d0cfd2d4c1d4c9cfced0cfccc9c3d9e0c7d3c18ec7cfd6"><span class="__cf_email__" data-cfemail="d6918597fb999186fb82a4b7b8a5a6b9a4a2b7a2bfb9b8a6b9babfb5af96b1a5b7f8b1b9a0">[email protected]</span></a>.
Sec. 102-117.340 [Amended]
0
25. Amend Sec. 102-117.340(b) by revising the last sentence to read as
follows:
Sec. 102-117.340 What other types of assistance may GSA provide
agencies in dealing with regulatory bodies?
* * * * *
(b) * * * For further information email
<a href="/cdn-cgi/l/email-protection#8cf8feede2fffce3fef8edf8e5e3e2a2fcfee3ebfeede1ffccebffeda2ebe3fa"><span class="__cf_email__" data-cfemail="0d797f6c637e7d627f796c79646263237d7f626a7f6c607e4d6a7e6c236a627b">[email protected]</span></a> or contact: General Services
Administration, Federal Acquisition Service, Office of Travel, Employee
Relocation and Transportation, 1800 F Street NW, Washington, DC 20405.
Sec. 102-117.345 [Removed and Reserved]
0
26. Remove and reserve Sec. 102-117.345.
0
27. Revise Sec. 102-117.350 to read as follows:
Sec. 102-117.350 Do I have to report transportation data?
No, however all agencies are strongly encouraged to report data by
October 31 for the preceding fiscal year to GSA at <a href="/cdn-cgi/l/email-protection#397e6a7814767e69146d4b58574a49564b4d584d505657495655505a40795e4a58175e564f"><span class="__cf_email__" data-cfemail="f2b5a1b3dfbdb5a2dfa680939c81829d808693869b9d9c829d9e9b918bb2958193dc959d84">[email protected]</span></a>.
Sec. 102-117.360 [Removed and Reserved]
0
28. Remove and reserve Sec. 102-117.360.
0
29. Revise the heading of subpart L to read as follows:
Subpart L--Government-wide Transportation Policy
0
30. Amend Sec. 102-117.361 by revising the section heading,
introductory text, and paragraph (b) to read as follows:
Sec. 102-117.361 What is the Government-wide Transportation Policy
Council (GTPC)?
The Office of Government-wide Policy sponsors a Government-wide
Transportation Policy Council (GTPC) to help agencies establish,
improve, and maintain effective transportation
[[Page 32324]]
management policies, practices and procedures. The council:
* * * * *
(b) Provides assistance to your agency with reporting your
transportation activity to GSA.
0
31. Revise Sec. 102-117.362 to read as follows:
Sec. 102-117.362 Where can I get more information about the GTPC?
For more information about the GTPC, email <a href="/cdn-cgi/l/email-protection#87c0d4c6aac8c0d7aad3f5e6e9f4f7e8f5f3e6f3eee8e9f7e8ebeee4fec7e0f4e6a9e0e8f1"><span class="__cf_email__" data-cfemail="f4b3a7b5d9bbb3a4d9a086959a87849b868095809d9b9a849b989d978db4938795da939b82">[email protected]</span></a> or visit <a href="https://www.gsa.gov/transportationpolicy">https://www.gsa.gov/transportationpolicy</a>.
0
32. Revise Sec. 102-117.385 to read as follows:
Sec. 102-117.385 Is there a standard format for a Transportation
Officer warrant?
No. Agencies may model the Transportation Officer warrant after the
Contracting Officer warrant, or they may establish their own format.
0
33. Revise Sec. 102-117.390 to read as follows:
Sec. 102-117.390 What are the recommended Transportation Officer
training and/or experience levels?
The following are recommended agency transportation officer
training and/or experience baselines:
(a) For a Basic (Level 1) Transportation Officer Warrant:
(1) Twenty-four (24) hours of training in Federal transportation;
or
(2) Two (2) years of Federal, public, and/or commercial experience
in acquiring transportation through rate tenders.
(b) For an Experienced (Level 2) Transportation Officer Warrant:
(1) Thirty-two (32) hours of training in transportation, including
twenty (20) hours of training in Federal transportation; or
(2) Three (3) years of Federal, public, and/or commercial
experience in acquiring transportation through rate tenders.
(c) For a Senior (Level 3) Transportation Officer Warrant:
(1) Sixty (60) hours of training in transportation, including forty
(40) hours of training in Federal transportation; or
(2) Five (5) years of Federal, public, and/or commercial experience
in acquiring transportation through rate tenders.
PART 102-118--TRANSPORTATION PAYMENT AND AUDIT
0
34. The authority citation for part 102-118 continues to read as
follows:
Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.
Sec. 102-118.35 [Amended]
0
35. Amend Sec. 102-118.35 by:
0
a. In the definition of ``Government Transportation Request (GTR)
(Optional Form 1169)'', removing ``charge card is not'' and adding
``charge card is not accepted by the TSP'' in its place; and
0
b. In the definition of ``Privately Owned Personal Property Government
Bill of Lading'', removing ``, Optional Form 1203,''.
0
36. Amend Sec. 102-118.40(b) by revising the last sentence to read as
follows:
Sec. 102-118.40 How does my agency order transportation and
transportation services?
* * * * *
(b) * * * See the ``U.S. Government Passenger Transportation
Handbook,'' available at <a href="https://www.gsa.gov/transaudits">https://www.gsa.gov/transaudits</a>.
Sec. 102-118.65 [Amended]
0
37. Amend Sec. 102-118.65 by removing ``GSA Audit Division'' and
adding ``GSA Transportation Audits Division'' in its place.
0
38. Amend Sec. 102-118.80 by revising the second and third sentences
to read as follows:
Sec. 102-118.80 Who is responsible for keeping my agency's electronic
commerce transportation billing records?
* * * In addition, the GSA Transportation Audits Division keeps a
central repository of electronic transportation billing records for
legal and auditing purposes. Therefore, your agency must forward all
relevant electronic transportation billing documents to
<a href="/cdn-cgi/l/email-protection#056470616c712b756a696c667c456276642b626a73"><span class="__cf_email__" data-cfemail="90f1e5f4f9e4bee0fffcf9f3e9d0f7e3f1bef7ffe6">[email protected]</span></a> or: General Services Administration, Office of
Travel, Employee Relocation and Transportation, Attn: Transportation
Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400,
Washington, DC 20405.
0
39. Amend Sec. 102-118.90 by revising the third and fourth sentences
to read as follows:
Sec. 102-118.90 If my agency orders transportation and/or
transportation services with a Government contractor issued charge card
or charge account citation, is this subject to prepayment audit?
* * * As with all prepayment audit programs, the charge card
prepayment audit must be approved by the GSA Transportation Audits
Division prior to implementation. If the charge card contract does not
provide for a prepayment audit, your agency must submit the
transportation line items on the charge card to the GSA Transportation
Audits Division for a postpayment audit.
Sec. 102-118.92 [Amended]
0
40. Amend Sec. 102-118.92 by:
0
a. Removing from the fourth sentence ``GSA Audit Division'' and adding
``GSA Transportation Audits Division'' in its place; and
0
b. Removing the last sentence.
0
41. Amend Sec. 102-118.95 by:
0
a. Revising paragraphs (b) and (d); and
0
b. Removing the Note to Sec. 102-118.95.
The revisions read as follows:
Sec. 102-118.95 What forms can my agency use to pay transportation
bills?
* * * * *
(b) Standard Form (SF) 1103, Government Bill of Lading (used for
movement of things, both privately owned and Government property for
official uses);
* * * * *
(d) Privately Owned Personal Property Government Bill of Lading
(used by the Department of Defense to move private property for
official transfers).
0
42. Revise Sec. 102-118.100 to read as follows:
Sec. 102-118.100 What must my agency ensure is on each SF 1113?
Your agency must ensure during its prepayment audit of a TSP bill
that, when required, the TSP filled out the Public Voucher for
Transportation Charges, SF 1113, completely including the taxpayer
identification number (TIN) and standard carrier alpha code (SCAC).
0
43. Amend Sec. 102-118.105 by revising the last sentence to read as
follows:
Sec. 102-118.105 Where can I find the rules governing the use of a
Government Bill of Lading?
* * * This handbook is available at <a href="https://www.gsa.gov/transaudits">https://www.gsa.gov/transaudits</a>.
0
44. Amend Sec. 102-118.110 by revising the last sentence to read as
follows:
Sec. 102-118.110 Where can I find the rules governing the use of a
Government Transportation Request?
* * * This handbook is available at <a href="https://www.gsa.gov/transaudits">https://www.gsa.gov/transaudits</a>.
Sec. 102-118.115 [Amended]
0
45. Amend Sec. 102-118.115 by removing ``Optional Forms 1103 and
1203'' from the second sentence and adding ``GBL'' in its place.
0
46. Amend Sec. 102-118.140 by adding a sentence to the end of
paragraph (a) and revising the last sentence in paragraph (d) to read
as follows:
Sec. 102-118.140 What are the major mandatory terms and conditions
governing the use of GBLs and bills of lading?
* * * * *
[[Page 32325]]
(a) * * *. An agency may choose not to require that an SF 1113 be
attached to the bill of lading and invoice if the TSP submits invoices
using the agency's approved third-party payment system (TPPS);
* * * * *
(d) * * * Only with the written concurrence of the Government
official responsible for making the shipment is the deletion of this
item considered to be valid;
* * * * *
0
47. Revise Sec. 102-118.170 to read as follows:
Sec. 102-118.170 Will GSA continue to maintain a centralized
numbering system for Government transportation documents?
No. For GTRs, GBLs, and commercial TDs, each agency must create a
unique numbering system to account for and prevent duplicate numbers.
0
48. Amend Sec. 102-118.195 by revising the first sentence to read as
follows:
Sec. 102-118.195 What documents must a transportation service
provider (TSP) send to receive payment for a transportation billing?
For shipments bought on a TD, the TSP must submit an original
properly certified GBL, PPGBL, or bill of lading and, when appropriate,
an SF 1113, Public Voucher for Transportation Charges. * * *
Sec. 102-118.230 [Amended]
0
49. Amend Sec. 102-118.230 by removing ``GSA Audit Division'' and
adding ``GSA Transportation Audits Division'' in its place.
0
50. Revise Sec. 102-118.240 to read as follows:
Sec. 102-118.240 How does my agency get GBL and GTR forms?
The GBL (SF 1103) and GTR (OF 1169) are available in the GSA Forms
Library at <a href="https://www.gsa.gov/forms">https://www.gsa.gov/forms</a>.
0
51. Revise Sec. 102-118.245 to read as follows:
Sec. 102-118.245 How does my agency get an assigned set of GBL or GTR
numbers?
GSA no longer assigns numbers to GBLs or GTRs. Pursuant to Sec.
102-118.55(g) you must establish administrative procedures including
creating a unique numbering system to prevent and detect duplicate
payments. These procedures should include agency assigned unique
numbers for GBLs and GTRs.
0
52. Amend Sec. 102-118.260 by:
0
a. Revising paragraph (a); and
0
b. Removing paragraphs (d) and (e).
The revision reads as follows:
Sec. 102-118.260 Must my agency send all quotations, tenders, or
contracts with a TSP to GSA?
(a) Yes, your agency must send copies of each quotation, tender, or
contract of special rates, fares, charges, or concessions with TSPs
including those authorized by 49 U.S.C. 10721 and 13712, upon execution
to_<a href="/cdn-cgi/l/email-protection#c7a6b2a3aeb3e9b7a8abaea4be87a0b4a6e9a0a8b1"><span class="__cf_email__" data-cfemail="2d4c58494459035d4241444e546d4a5e4c034a425b">[email protected]</span></a> or General Services Administration, Office of
Travel, Employee Relocation and Transportation, Attn: Transportation
Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400,
Washington, DC 20405.
* * * * *
0
53. Amend Sec. 102-118.275 by revising paragraphs (c)(3) and (4) to
read as follows:
Sec. 102-118.275 What must my agency consider when developing a
transportation prepayment audit program?
* * * * *
(c) * * *
(3) Use the services of a prepayment audit contractor under GSA's
multiple award schedule covering audit services, including
transportation prepayment audit services (541211 Auditing Services); or
(4) Use a third-party payment system (TPPS) or charge card company
that includes prepayment audit functions.
* * * * *
0
54. Amend Sec. 102-118.280 by revising paragraph (a)(1) to read as
follows:
Sec. 102-118.280 Must all transportation payment records, whether
they are electronic or paper, undergo a prepayment audit?
* * * * *
(a) * * *
(1) Within the specified limits established by the Comptroller
General (31 U.S.C. 3521(b)); and
* * * * *
Sec. 102-118.285 [Amended]
0
55. Amend Sec. 102-118.285 by:
0
a. Removing from paragraph (e)(2) ``General Records Schedule 9, Travel
and Transportation (36 CFR 1228.22)'' and adding ``General Records
Schedule 1.1 et seq. (36 CFR chapter XII, part 1220)'' in its place;
and
0
b. Removing from paragraph (i) ``3726(b)'' and adding ``3726(d)'' in
its place.
0
56. Amend Sec. 102-118.415 by revising the last sentence to read as
follows:
Sec. 102-118.415 Can the Administrator of General Services exempt the
transportation postpayment audit requirement?
* * * The Administrator can also exempt a particular mode or modes
of transportation (31 U.S.C. 3726).
0
57. Amend Sec. 102-118.470 by revising the section heading and
introductory text to read as follows:
Sec. 102-118.470 Are there statutory time limits for a TSP on filing
an administrative claim with the GSA Transportation Audits Division?
Yes, an administrative claim must be received by the GSA
Transportation Audits Division or its designee (the agency where the
claim arose) within 3 years beginning the day after the latest of the
following dates (except in time of war):
* * * * *
0
58. Revise Sec. 102-118.490 to read as follows:
Sec. 102-118.490 What if my agency fails to settle a dispute within
30 days?
(a) If your agency fails to settle a dispute within 30 days, the
TSP may appeal to: General Services Administration, Office of Travel,
Employee Relocation and Transportation, Attn: Transportation Audits
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC
20405; or electronically at: <a href="https://tams.gsa.gov">https://tams.gsa.gov</a>.
(b) If the TSP disagrees with the administrative settlement by the
GSA Transportation Audits Division, the TSP may appeal to the Civilian
Board of Contract Appeals.
0
59. Revise Sec. 102-118.500 to read as follows:
Sec. 102-118.500 How does my agency handle a voluntary refund
submitted by a TSP?
(a) An agency must report all voluntary refunds to the GSA
Transportation Audits Division (so that no Notice of Overcharge or
financial offset occurs), unless other arrangements are made (e.g.,
charge card refunds, etc.). These reports must be addressed to: General
Services Administration, Office of Travel, Employee Relocation and
Transportation, Attn: Transportation Audits Division, 1800 F Street NW,
3rd Floor, Mail Hub 3400, Washington, DC 20405; or via email to:
<a href="/cdn-cgi/l/email-protection#7a1b0f1e130e09540a15161319033a1d091b541d150c"><span class="__cf_email__" data-cfemail="ff9e8a9b968b8cd18f9093969c86bf988c9ed1989089">[email protected]</span></a>.
(b) Once a Notice of Overcharge is issued by the GSA Transportation
Audits Division, then any refund is no longer considered voluntary and
the agency must forward the refund to the GSA Transportation Audits
Division.
Sec. 102-118.505 [Amended]
0
60. Amend Sec. 102-118.505 by removing ``GSA Audit Division'' and
adding ``GSA Transportation Audits Division'' in its place.
[[Page 32326]]
Sec. 102-118.510 [Amended]
0
61. Amend Sec. 102-118.510 by removing from the last sentence ``GSA
Audit Division'' and adding ``GSA Transportation Audits Division'' in
its place.
Sec. 102-118.520 [Amended]
0
62. Amend Sec. 102-118.520 by removing ``Comptroller General'' and
adding ``Secretary of the Treasury'' in its place.
0
63. Amend Sec. 102-118.530 by revising the second sentence and adding
a third sentence to read as follows:
Sec. 102-118.530 Will GSA instruct my agency's disbursing offices to
offset unpaid TSP billings?
* * * A 3-year limitation applies on the deduction of overcharges
from amounts due a TSP (31 U.S.C. 3726). For ordinary debt there is no
limitation on the period within which an offset may be initiated or
taken (31 U.S.C. 3716).
0
64. Revise Sec. 102-118.535 to read as follows:
Sec. 102-118.535 Are there principles governing my agency's TSP debt
collection procedures?
Yes, the principles governing your agency collection procedures for
reporting debts to the Government Accountability Office (GAO) or the
Department of Justice are found in 31 CFR chapter IX and in the GAO
Policy and Procedures Manual for Guidance of Federal Agencies (<a href="https://www.gao.gov/products/149099">https://www.gao.gov/products/149099</a>).
Sec. 102-118.540 [Amended]
0
65. Amend Sec. 102-118.540 by removing from the first sentence ``GSA
Audit Division'' and adding ``GSA Transportation Audits Division'' in
its place.
0
66. Revise Sec. 102-118.550 to read as follows:
Sec. 102-118.550 How does a TSP file an administrative claim using
EDI or other electronic means?
A TSP should file a claim using GSA Transportation Audits
Management System (TAMS) <a href="https://tams.gsa.gov">https://tams.gsa.gov</a>.
0
67. Revise Sec. 102-118.560 to read as follows:
Sec. 102-118.560 What is the required format that a TSP must use to
file an administrative claim?
There is no required format for filing claims. TSPs should file a
claim through TAMS or by sending the required information and
documentation (see Sec. Sec. 102-118.545 and 102-118.565) to GSA
Transportation Audits <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="54103d223d273d3b3a0b25393735303b3726312521312720143327357a333b22">[email protected]</a> or mail to:
General Services Administration, Office of Travel, Employee Relocation
and Transportation, Attn: Transportation Audits Division, 1800 F Street
NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.
0
68. Revise Sec. 102-118.575 to read as follows:
Sec. 102-118.575 If a TSP disagrees with the decision of my agency,
can the TSP appeal?
Yes, the TSP may file a claim with the GSA Transportation Audits
Division, which will review the TSP's appeal of your agency's final
full or partial denial of a claim. The TSP may also appeal to the GSA
Transportation Audits Division if your agency has not responded to a
challenge within 30 days.
0
69. Amend Sec. 102-118.580 by:
0
a. Revising the section heading;
0
b. Removing ``The TSP must address requests:'' and adding a sentence in
its place in the introductory text; and
0
c. Removing paragraphs (a), (b), (c), and (d).
The revision and addition read as follows:
Sec. 102-118.580 May a TSP appeal a prepayment audit decision of the
GSA Transportation Audits Division?
* * * Filing instructions including where and how to file are
available at <a href="http://cbca.gov/howto/rules/transportation.html#transportation">cbca.gov/howto/rules/transportation.html#transportation</a>.
Sec. 102-118.590 [Amended]
0
70. Amend Sec. 102-118.590 by removing ``GSA Audit Division''
everywhere it appears and adding ``GSA Transportation Audits Division''
in its place.
0
71. Revise Sec. 102-118.600 to read as follows:
Sec. 102-118.600 When a TSP disagrees with a Notice of Overcharge
resulting from a postpayment audit, what are the appeal procedures?
A TSP who disagrees with the Notice of Overcharge may submit a
written request for reconsideration to the GSA Transportation Audits
Division at: General Services Administration, Office of Travel,
Employee Relocation and Transportation, Attn: Transportation Audits
Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC
20405; or via email to <a href="/cdn-cgi/l/email-protection#d8b9adbcb1acabf6a8b7b4b1bba198bfabb9f6bfb7ae"><span class="__cf_email__" data-cfemail="98f9edfcf1ecebb6e8f7f4f1fbe1d8ffebf9b6fff7ee">[email protected]</span></a>.
Sec. 102-118.605 [Amended]
0
72. Amend Sec. 102-118.605 by removing from paragraph (b) ``GSA Audit
Division'' and adding ``GSA Transportation Audits Division'' in its
place.
Sec. 102-118.610 [Amended]
0
73. Amend Sec. 102-118.610 by removing from the first sentence ``GSA
Audit Division'' and adding ``GSA Transportation Audits Division'' in
its place.
Sec. 102-118.615 [Amended]
0
74. Amend Sec. 102-118.615 by removing ``GSA Audit Division'' and
adding ``GSA Transportation Audits Division'' in its place.
Sec. 102-118.620 [Amended]
0
75. Amend Sec. 102-118.620 by removing ``GSA Audit Division''
everywhere it appears and adding ``GSA Transportation Audits Division''
in its place.
0
76. Revise Sec. 102-118.630 to read as follows:
Sec. 102-118.630 How must a TSP refund amounts due to GSA?
(a) TSPs must promptly refund amounts due to GSA, preferably by
EFT. If an EFT is not used, checks must be made payable to ``General
Services Administration'', including the document reference number, TSP
name, bill number(s), taxpayer identification number and standard
carrier alpha code, then mailed to: General Services Administration,
Government Lock Box 9006, 1005 Convention Plaza, St. Louis, MO 63101.
(b) If an EFT address is needed, please contact the GSA
Transportation Audits Division at: General Services Administration,
Office of Travel, Employee Relocation and Transportation, Attn:
Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub
3400, Washington, DC 20405; or via email to <a href="/cdn-cgi/l/email-protection#a9c8dccdc0ddda87d9c6c5c0cad0e9cedac887cec6df"><span class="__cf_email__" data-cfemail="c7a6b2a3aeb3b4e9b7a8abaea4be87a0b4a6e9a0a8b1">[email protected]</span></a>.
Note 1 to Sec. 102-118.630: Amounts collected by GSA are
returned to the Treasurer of the United States (31 U.S.C. 3726).
Sec. 102-118.635 [Amended]
0
77. Amend Sec. 102-118.635 by removing ``(4 CFR parts 101 through
105)'' and adding ``(31 CFR chapter IX)'' in its place.
Sec. 102-118.640 [Amended]
0
78. Amend Sec. 102-118.640 by:
0
a. Removing from paragraphs (a) and (d) ``4 CFR parts 101 through 105''
and adding ``31 CFR chapter IX'' in its place; and
0
b. Removing from the last sentence in paragraph (b) ``and a 10-year
limitation applies on the deduction of ordinary debt (31 U.S.C.
3716)''.
[[Page 32327]]
0
79. Revise Sec. 102-118.645 to read as follows:
Sec. 102-118.645 Can a TSP file an administrative claim on collection
actions?
Yes, a TSP may file an administrative claim involving collection
actions resulting from the transportation audit performed by the GSA
directly with the GSA Transportation Audits Division. Any claims
submitted to GSA will be considered ``disputed claims'' under section
4(b) of the Prompt Payment Act (31 U.S.C. 3901, et seq.). The TSP must
file all other transportation claims with the agency out of whose
activities they arose. If this is not feasible (e.g., where the
responsible agency cannot be determined or is no longer in existence)
claims may be sent to the GSA Transportation Audits Division for
forwarding to the responsible agency or for direct settlement by the
GSA Transportation Audits Division. Submit claims using Transportation
Audits Management System (TAMS) at <a href="https://tams.gsa.gov">https://tams.gsa.gov</a> or via mail:
General Services Administration, Office of Travel, Employee Relocation
and Transportation, Attn: Transportation Audits Division, 1800 F Street
NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.
0
80. Amend Sec. 102-118.655 by--
0
a. Removing ``Address requests:'' and adding a sentence in its place in
the introductory text; and
0
b. Removing paragraphs (a), (b), (c), and (d).
The addition reads as follows:
Sec. 102-118.655 Are there time limits on a TSP request for an
administrative review by the Civilian Board of Contract Appeals (CBCA)?
* * * Details regarding where and how to file are available at
<a href="http://cbca.gov/howto/rules/transportation.html#transportation">cbca.gov/howto/rules/transportation.html#transportation</a>.
Sec. 102-118.670 [Amended]
0
81. Amend Sec. 102-118.670 by removing ``GSA Audit Division'' and
adding ``GSA Transportation Audits Division'' in its place.
[FR Doc. 2022-11050 Filed 5-27-22; 8:45 am]
BILLING CODE 6820-14-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.