Proposed Rule2024-02791
Federal Management Regulation; Transportation Payment and Audit Regulations
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
February 16, 2024
Issuing agencies
General Services Administration
Abstract
The United States General Services Administration (GSA) proposes to amend the Federal Management Regulation (FMR) to effectuate fundamental changes including removing, adding, and modifying definitions, eliminating gender pronouns, streamlining requirements, and revising statutory references. These changes are needed to provide accurate information for agencies to properly manage and comply with transportation invoice payment and audit requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 33 (Friday, February 16, 2024)</title>
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[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Proposed Rules]
[Pages 12296-12301]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02791]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-118
[FMR Case 2023-02; Docket No. GSA-FMR-2023-0014; Sequence No. 1]
RIN 3090-AK73
Federal Management Regulation; Transportation Payment and Audit
Regulations
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The United States General Services Administration (GSA)
proposes to amend the Federal Management Regulation (FMR) to effectuate
fundamental changes including removing, adding, and modifying
definitions, eliminating gender pronouns, streamlining requirements,
and revising statutory references. These changes are needed to provide
accurate information for agencies to properly manage and comply with
transportation invoice payment and audit requirements.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
April 16, 2024 to be considered in the formation of the proposed rule.
ADDRESSES: Submit comments in response to FMR Case 2023-02 to
<a href="http://Regulations.gov">Regulations.gov</a> at <a href="https://www.regulations.gov">https://www.regulations.gov</a> via the Federal
eRulemaking portal by searching for ``FMR Case 2023-02''. Select the
link ``Comment Now'' that corresponds with FMR Case 2023-02. Follow the
instructions provided at the ``Comment Now'' screen. Please include
your name, company name (if any), and ``FMR Case 2023-02'' 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 2023-
02, 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: Mr. Ron Siegel, Policy Analyst, at
202-702-0840 for clarification of content. For information pertaining
to status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#34736775665153675157745347551a535b42"><span class="__cf_email__" data-cfemail="dd9a8e9c8fb8ba8eb8be9dbaaebcf3bab2ab">[email protected]</span></a>. Please cite FMR Case
2023-02.
SUPPLEMENTARY INFORMATION:
I. Background
The Travel and Transportation Reform Act of 1998 (Pub. L. 105-264)
established the statutory requirement for agencies to perform an audit
of transportation expenses prior to payment, granted the Administrator
of GSA the authority to prescribe regulations for the audit of
transportation invoices prior to payment, and the 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 102-118, Transportation Payment and Audit (Federal Management
Regulation (FMR) part 102-118).
GSA last amended FMR part 102-118 on May 31, 2022 (87 FR 32320), to
perform editorial and technical changes.
[[Page 12297]]
That direct final rule introduced the GSA Transportation Audit
Management System (TAMS), corrected inaccurate and outdated
information, and removed obsolete references to programs, legal
citations, and forms. It revised general contact information, corrected
hyperlinks, clarified conditions for using certain forms and revised
outdated and inaccurate administrative procedures.
GSA is proposing amendments to FMR part 102-118. These amendments
include modifying definitions that apply to this part, which include
the incorporation of previously undefined terms such as Civilian Board
of Contract Appeals (CBCA), refund, and Transportation Audits
Management System (TAMS). Furthermore, definitions of forms used
exclusively by the GSA Transportation Audits Division will be removed
from individual sections and added to the definitions, while terms such
as EDI signature, reparation, statement of difference rebuttal, and
virtual Government Bill of Lading (GBL), which are defined but not
referenced in this part, will be removed. Additionally, certain
definitions will be modified to enhance clarity, including for the
terms cash, Government contractor issued charge card, and offset. This
proposed rule will standardize the terminology used to reference
Government contractor issued charge cards and will include definitions
for the two types of charge cards that the Government may use to
procure transportation: individually billed travel cards and agency
purchase cards.
This proposed rule provides further clarification on the role of
TAMS and its benefit to transportation service providers (TSPs),
specifically when filing certain claims. It also outlines the
circumstances under which Federal agencies use TAMS. Additionally, when
agencies submit their paid transportation invoices and other
documentation through TAMS, it allows the GSA Transportation Audits
Division to maintain and store these transportation records in
accordance with the General Records Schedule.
Thanks to the convenience of email and the efficiency of TAMS, GSA
no longer requires physical documents to be sent via the United States
Postal Service mail monthly. Consequently, physical mailing addresses
are being removed from this FMR part. This change is expected to reduce
costs for agencies, streamline the reporting process, and eliminate the
need for mailing documents to the GSA Transportation Audits Division.
It will also simplify the claims filing process for TSPs that want to
file a claim with the GSA Transportation Audits Division.
GSA is proposing to grant agencies some discretion in the use of a
GBL for domestic shipping. Currently, the regulation restricts GBL
usage to international or domestic overseas shipments. The changes
outlined in this rulemaking would permit agencies to execute a GBL when
the agency considers it necessary. Furthermore, this rulemaking
clarifies that a bill of lading can be utilized to procure both
transportation and transportation services.
This proposed rule builds upon the changes introduced in the direct
final rule that was published on May 31, 2022 at 87 FR 32320. That rule
eliminated unnecessary procedures for agencies to request Government
Bill of Lading (GBL) and Government Transportation Request (GTR) forms,
along with their corresponding control numbers. GSA is proposing
amendments to this FMR part that will provide agencies with additional
information regarding the requirement to assign numbers to these forms
and to manage and track each issued GBL and GTR transportation
document.
This proposed rule updates the requirement for agencies to provide
a copy of each quotation, tender, or contract of special rates, fares,
charges, or concessions with TSPs to the GSA Transportation Audits
Division. The proposed revision adds the requirement for agencies to
send copies of rates provided by pipeline carriers as well.
Furthermore, this rulemaking clarifies that the Director of the GSA
Transportation Audits Division has the authority to conduct postpayment
audits on any agency paid transportation invoice, oversee agency
prepayment audit programs, settle accounts, and initiate collection
activities.
Finally, GSA is also updating information, including correcting
legal references related to actions by and against the Government. The
revised information corrects authorities that apply to time limits for
filing freight charges, loss and damage claims, and filing claims
against a TSP for the collection of overcharges. It is also important
to note that this proposed rule would also remove gender pronouns from
this FMR part.
II. Executive Orders 12866, 13563, and 14094
Executive Order (E.O.) 12866 (Regulatory Planning and Review)
directs 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 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing Regulatory Review) amends section
3(f) of Executive Order 12866 and supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563. The Office
of Management and Budget's Office of Information and Regulatory Affairs
(OIRA) has determined that this rulemaking is not a significant
regulatory action and, therefore, it is not subject to review under
section 6(b) of E.O. 12866.
III. Regulatory Flexibility Act
GSA does not expect this proposed rule to 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. This
proposed rule is also exempt from the Administrative Procedure Act
pursuant to 5 U.S.C. 553(a)(2) because it applies to agency management
or personnel. Therefore, an Initial Regulatory Flexibility Analysis has
not been performed.
IV. 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 requires the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 102-118
Accounting, Claims, Government property management, Reporting and
recordkeeping requirements, Transportation.
Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.
Therefore, GSA proposes to amend 41 CFR part 102-118 as set forth
below:
PART 102-118--TRANSPORTATION PAYMENT AND AUDIT
0
1. The authority citation for 41 CFR part 102-118 continues to read as
follows:
[[Page 12298]]
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. 102-118.25 [Amended]
0
2. Amend Sec. 102-118.25 by removing the words ``may request'' and
adding the words ``is required'' in their place.
0
3. Amend Sec. 102-118.35 by:
0
a. Adding, in alphabetical order, the definitions ``ACH (automated
clearinghouse)'' and ``Agency purchase card'',
0
b. Revising the definition of ``Cash'';
0
c. Adding, in alphabetical order, the definitions of ``Certificate of
Settlement'' and ``Civilian Board of Contract Appeals (CBCA)'';
0
d. Removing the definition of ``EDI signature'';
0
e. Revising the definition of ``Government contractor issued charge
card'';
0
f. Adding, in alphabetical order, the definitions of ``Individually
billed travel card'', ``Notice of Indebtedness'', and ``Notice of
Overcharge'';
0
g. Revising the definition of ``Offset'';
0
h. Adding the definition of ``Refund'';
0
i. Removing the definition of ``Reparation'';
0
j. Revising the definition of ``Statement of difference'';
0
k. Removing the definition of ``Statement of difference rebuttal'';
0
l. Adding the definition of ``Transportation Audits Management System
(TAMS)''; and
0
m. Removing the definition of ``Virtual GBL (VGBL)''.
The additions and revisions read as follows:
Sec. 102-118.35 What definitions apply to this part?
* * * * *
ACH (automated clearinghouse) means a nationwide network through
which depository institutions send each other batches of electronic
credit and debit transfers.
* * * * *
Agency purchase card means a charge card used by an authorized
agency purchaser to procure, order, and pay for supplies and services.
* * * * *
Cash means cash, personal checks, personal charge/credit cards, and
traveler's checks.
Certificate of Settlement means a formal notice to an agency that
provides a complete explanation of any amount that is disallowed. GSA
produces and transmits the Certificate of Settlement (GSA Form 7931) to
the agency whose funds are to be charged for processing and payment.
Civilian Board of Contract Appeals (CBCA) means an independent
court within GSA that settles transportation payment claims disputes
between Federal agencies and transportation service providers (TSPs).
For additional information on the CBCA see <a href="https://www.cbca.gov/index.html">https://www.cbca.gov/index.html</a>.
* * * * *
Government contractor issued charge card means an individually
billed travel card or an agency purchase card.
* * * * *
Individually billed travel card means the charge card used by
authorized individuals to pay for official travel and transportation
related expenses for which the contractor bills the employee. This is
different from a centrally billed account paying for official travel
and transportation related expenses for which the agency is billed.
Notice of Indebtedness means a formal notice issued to a TSP that
owes an ordinary debt to an agency. This notice states the basis for
the debt, the TSP's rights, interest, penalty, and other results of
nonpayment. The debt is due immediately and is subject to interest
charges, penalties, and administrative cost under 31 U.S.C. 3717.
Notice of Overcharge means a formal notice to a TSP that owes a
debt to the agency. It shows the TSP the amount paid and the basis for
the proper charge for the document reference number (DRN), and cites
applicable contract, tariff, or tender, along with other data relied on
to support the overcharge.
Offset means withholding money from a payment. In this part, money
withheld refers to the funds owed a TSP that are not released by the
agency but instead used to repay the Government for a debt incurred by
the TSP.
* * * * *
Refund means the amount collected from outside sources for payments
made in error, overpayment, or adjustments for previous amounts
disbursed.
* * * * *
Statement of difference means a statement issued by an agency or
its designated audit contractor during a prepayment audit when it has
been determined that a TSP has billed the agency for more than the
proper amount for the services. This statement tells the TSP the amount
allowed and the basis for the proper charges. The statement also cites
the applicable rate references and other data relied on for support.
The agency issues a separate statement of difference for each
transportation transaction. This can be an electronic process.
* * * * *
Transportation Audits Management System (TAMS) means the GSA's
cloud-based postpaid transportation invoice auditing solution for
Federal agencies and TSPs.
* * * * *
Sec. 102-118.40 [Amended]
0
4. Amend Sec. 102-118.40 by:
0
a. In paragraph (a), removing the words ``Government contractor-issued
charge card, purchase order (or electronic equivalent), or a Government
bill of lading for international shipments (including domestic overseas
shipments)'' and adding the words ``Government contractor issued charge
card, purchase order (or electronic equivalent), or a bill of lading
including a Government bill of lading'' in their place; and
0
b. In paragraph (b), removing the words ``Government issued charge card
(or centrally billed travel account citation), Government issued
individual travel charge card, personal charge card,'' and adding the
words ``Government contractor issued charge card, centrally billed
travel account, personal charge/credit card,'' in their place.
Sec. 102-118.45 [Amended]
0
5. Amend Sec. 102-118.45 by:
0
a. In paragraph (a)(1)(i), removing the words ``Government issued
agency charge card'' and adding the words ``Government contractor
issued charge card'' in their place;
0
b. In paragraph (a)(3)(i), removing the words ``Contractor issued
individual travel charge card'' and adding the words ``Government
contractor issued charge card (individually billed travel card)'' in
their place; and
0
c. In paragraph (a)(3)(ii), removing the words ``Personal charge card''
and adding the words ``Personal charge/credit card'' in their place.
Sec. 102-118.50 [Amended]
0
6. Amend Sec. 102-118.50 by:
0
a. In paragraph (a), removing the citation ``(31 U.S.C. 3332, et)'' and
adding the citation ``(31 U.S.C. 3332, et seq.)'' in its place; and
0
b. In paragraph (c), removing the citation ``(31 CFR part 208)'' and
adding the citation ``31 CFR part 208'' in its place.
0
7. Revise Sec. 102-118.75 to read as follows:
Sec. 102-118.75 What if my agency or the TSP does not have an account
with a financial institution or approved payment agent?
Under 31 U.S.C. 3332, et seq., your agency must obtain an account
with a financial institution or approved payment agent in order to meet
the statutory requirements to make all Federal payments via EFT unless
your
[[Page 12299]]
agency receives a waiver from the Department of the Treasury. To obtain
a waiver, your agency must contact the Secretary of the Treasury. For
information visit: <a href="https://www.fiscal.treasury.gov/">https://www.fiscal.treasury.gov/</a>
0
8. Amend Sec. 102-118.80 by revising the third sentence to read as
follows:
Sec. 102-118.80 Who is responsible for keeping my agency's electronic
commerce transportation billing records?
* * * Therefore, your agency must utilize the Transportation Audits
Management System (TAMS) (<a href="https://tams.gsa.gov">https://tams.gsa.gov</a>) to submit all relevant
electronic transportation billing documents or submit via email to:
<a href="/cdn-cgi/l/email-protection#74253937352015061d121207341307155a131b02"><span class="__cf_email__" data-cfemail="3c6d717f7d685d4e555a5a4f7c5b4f5d125b534a">[email protected]</span></a>.
0
9. Revise Sec. 102-118.115 to read as follows:
Sec. 102-118.115 Must my agency use a GBL?
No. Your agency is required to use commercial payment practices to
the maximum extent possible. Your agency may use a GBL as needed for
domestic shipments and should use a GBL for international shipments.
When used for shipments, a GBL is a receipt of goods, evidence of
title, and a contract of carriage for Government shipments and was
developed to protect the interest of the U.S. Government.
Sec. 102-118.130 [Amended]
0
10. Amend Sec. 102-118.130 by removing the last sentence.
Sec. 102-118.150 [Amended]
0
11. Amend Sec. 102-118.150 by, in paragraph (a), removing the last
sentence.
0
12. Revise Sec. 102-118.235 to read as follows:
Sec. 102-118.235 Must my agency keep physical control and
accountability of the GBL and GTR forms or GBL and GTR numbers?
Yes, your agency is responsible for the physical control, use, and
accountability of GBLs and GTRs and must have procedures in place to
track, manage, and account for these documents when necessary.
0
13. Revise Sec. 102-118.255 to read as follows:
Sec. 102-118.255 Are GBL and GTR forms numbered and used
sequentially?
Yes, GBLs and GTRs must be sequentially numbered by agencies when
used.
Sec. 102-118.260 Must my agency send all quotations, tenders, or
contracts with a TSP to GSA?
0
14. Amend Sec. 102-118.260 by revising paragraph (a) to read as
follows:
(a) Yes, your agency must send a copy of each quotation, tender, or
contract of special rates, fares, charges, or concessions with TSPs
including those authorized by 49 U.S.C. 10721, 13712, and 15504 upon
execution to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="55243836342134273c333326153226347b323a23">[email protected]</a>.
* * * * *
0
15. Amend Sec. 102-118.285 by:
0
a. Revising paragraph (e);
0
b. Removing paragraph(f); and
0
c. Redesignating paragraphs (g) through (m) as paragraphs (f) through
(l), respectively.
The revisions read as follows:
Sec. 102-118.285 What must be included in an agency's transportation
prepayment audit program?
* * * * *
(e) Agencies must use GSA Transportation Audits Division's
electronic commerce system, TAMS, to fulfill all monthly reporting
requirements. Filing all documents through TAMS ensures that GSA
Transportation Audits Division will properly maintain and store
transportation records, including paid transportation bills, in
accordance with the General Records Schedule 1.1 et seq., (36 CFR
chapter XII, part 1220). GSA will also arrange for storage of any
document requiring special handling, such as bankruptcy and court
cases. These bills will be retained pursuant to 44 U.S.C. 3309 until
claims have been settled.
* * * * *
Sec. 102-118.300 [Amended]
0
16. Amend Sec. 102-118.300 by, in paragraph(a), removing the words
``by email at <a href="/cdn-cgi/l/email-protection#723307161b065c221d1e1b110b321501135c151d04"><span class="__cf_email__" data-cfemail="a9e8dccdc0dd87f9c6c5c0cad0e9cedac887cec6df">[email protected]</span></a>, or by mail to: U.S. General
Services Administration, 1800 F St. NW, 3rd Floor, Mail Hub 3400,
Washington, DC 20405.'' and adding the words ``via TAMS (<a href="https://tams.gsa.gov">https://tams.gsa.gov</a>), or by email to <a href="/cdn-cgi/l/email-protection#165763727f623846797a7f756f5671657738717960"><span class="__cf_email__" data-cfemail="19586c7d706d37497675707a60597e6a78377e766f">[email protected]</span></a>.'' in their place.
0
17. Amend Sec. 102-118.425 by revising paragraph (a) to read as
follows:
Sec. 102-118.425 Is my agency required to forward all transportation
documents (TDs) to GSA Transportation Audits Division, and what
information must be on these documents?
(a) Yes, your agency must provide all TDs, via TAMS, to GSA
Transportation Audits Division (see Sec. 102-118.35 for the definition
of TD).
* * * * *
Sec. 102-118.430 [Amended]
0
18. Amend Sec. 102-118.430 by:
0
a. In paragraph (f), removing the second sentence; and
0
b. In paragraph (g), removing the second and third sentences.
Sec. 102-118.435 [Amended]
0
19. Amend Sec. 102-118.435 by, in paragraph (a)(7), removing the words
``freight or passenger'' and adding the word ``all'' in their place.
Sec. 102-118.440 [Amended]
0
20. Amend Sec. 102-118.440 by, in the second sentence, removing the
word ``type'' and adding the word ``types'' in its place.
0
21. Revise Sec. 102-118.455 to read as follows:
Sec. 102-118.455 What is the time limit for a TSP to file a
transportation claim against my agency?
The time limits on a TSP transportation claim against the
Government differ by mode as shown in the following table:
Time Limits on Actions Taken by TSP
------------------------------------------------------------------------
Freight charges
Mode (years) Statute
------------------------------------------------------------------------
(a) Air Domestic................ 6 28 U.S.C. 2401,
2501.
(b) Air International........... 6 28 U.S.C. 2401,
2501.
(c) Freight Forwarders (Subject 3 49 U.S.C.
to title 49 chapter 135). 14705(f).
(d) Motor....................... 3 49 U.S.C.
14705(f).
(e) Rail........................ 3 49 U.S.C.
11705(f).
(f) Water (Subject to title 49 3 49 U.S.C.
chapter 135). 14705(f).
(g) Water (Not subject to title 2 46 U.S.C. 30905.
49 chapter 135).
(h) TSPs not specified in any of 6 28 U.S.C. 2401,
the above categories. 2501.
------------------------------------------------------------------------
[[Page 12300]]
0
22. Revise Sec. 102-118.460 to read as follows:
Sec. 102-118.460 What is the time limit for my agency to file a
court claim with a TSP for freight charges, refund of overpayment, and
loss or damage to the property?
Statutory time limits vary depending on the mode and the service
involved and may involve freight charges. The following tables list the
time limits:
(a) Time Limits on Actions Taken by the Federal Government Against TSPs
----------------------------------------------------------------------------------------------------------------
Mode Freight charges Refund for overpayment Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) Rail............................. 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
11705. 11705. 2415.
(2) Motor............................ 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
14705(f). 14705(f). 2415.
(3) Freight Forwarders (Subject to 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
title 49 chapter 135). 14705(f). 14705(f). 2415.
(4) Water (Subject to title 49 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
chapter 135). 14705(f). 14705(f). 2415.
(5) Water (Not subject to title 49 6 years; 28 U.S.C. 2415 3 years; 46 U.S.C. 3 days after delivery;
chapter 135). 41301. Carriage of Goods By
Sea Act, 46 U.S.C.
30701 Notes.
(6) Domestic Air..................... 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C.
2415.
(7) International Air................ 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C. 2415 2 years; 49 U.S.C.
40105.
----------------------------------------------------------------------------------------------------------------
(b) Time Limits on Actions Taken by the Federal Government Against TSPs
[TSPs not specified in paragraph (a) of this section]
----------------------------------------------------------------------------------------------------------------
Mode Freight Refund for overpayment Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) All.............................. 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C.
2415.
----------------------------------------------------------------------------------------------------------------
0
23. 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
a claim with the GSA Transportation Audits Division?
Yes, a 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
24. Revise Sec. 102-118.490 to read as follows:
Sec. 102-118.490 What if my agency fails to settle a disputed claim
with a TSP within 30 days?
(a) If your agency fails to settle a disputed claim with a TSP
within 30 days, the TSP may appeal to GSA via TAMS--<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 (CBCA) (See Sec. 102-118.35 for a definition
of Civilian Board of Contract Appeals (CBCA)).
0
25. Amend Sec. 102-118.500 by revising paragraph (a) 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 sent via email to:
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="b0d1c5d4d9c49ec0dfdcd9d3c9f0d7c3d19ed7dfc6">[email protected]</a>.
* * * * *
Sec. 102-118.510 [Amended]
0
26. Amend Sec. 102-118.510 by:
0
a. In the section heading, remove the words ``GSA Form 7931''; and
0
b. Removing the words ``GSA Form 7931'' and adding the words
``Certificate of Settlement'' in their place.
0
27. Revise Sec. 102-118.540 to read as follows:
Sec. 102-118.540 Who has the authority to audit, settle accounts,
and/or start collection action for all transportation services provided
for my agency?
(a) The Administrator of GSA has the authority and responsibility
to conduct prepayment or postpayment audits of transportation bills,
settle accounts, commence collection actions, and resolve
transportation claims which cannot be resolved by the agency procuring
the transportation services or the TSP presenting the bill. The number
and types of bills audited shall be based on the Administrator's
decision (31 U.S.C. 3726). With respect to a contract for
transportation services awarded pursuant to the Federal Acquisition
Regulation (FAR), such an appeal shall be adjudicated under the
authority of this section using administrative procedures of GSA.
(b) The Administrator has delegated this responsibility to the
Director of the GSA Transportation Audits Division because the Director
has access to governmentwide data including TSP rates, agency paid TSP
invoices, and transportation billings with the government. Your agency
must correctly pay individual transportation invoices (See 31 U.S.C.
3351(4) Improper Payment definition).
0
28. Revise Sec. 102-118.545 to read as follows:
Sec. 102-118.545 What information must a TSP claim include?
All claims filed with GSA Transportation Audits Division either
using TAMS (preferred) or via email (<a href="/cdn-cgi/l/email-protection#0474766b7061777077446377652a636b72"><span class="__cf_email__" data-cfemail="a9d9dbc6ddccdadddae9cedac887cec6df">[email protected]</span></a>) must include:
(a) The transportation document.
(b) An explanation for the claim.
(c) Any additional supporting documentation.
Sec. 102-118.550 [Amended]
0
29. Amend Sec. 102-118.550 by, in the section heading, removing the
words
[[Page 12301]]
``an administrative'' and adding the word ``a'' in its place.
Sec. 102-118.555 [Amended]
0
30. Amend Sec. 102-118.555 by:
0
a. In the section heading, removing the word ``administrative''; and
0
b. Removing the word ``administrative''.
0
31. 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 a 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 Division via email to <a href="/cdn-cgi/l/email-protection#e292908d9687919691a2859183cc858d94"><span class="__cf_email__" data-cfemail="7303011c0716000700331400125d141c05">[email protected]</span></a>.
Sec. 102-118.565 [Amended]
0
32. Amend Sec. 102-118.565 by:
0
a. In the section heading, removing the words ``an administrative'' and
adding the word ``a'' in their place; and
0
b. Removing the words ``An administrative'' and adding the word ``A''
in their place.
0
33. 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 that disagrees with the Notice of Overcharge may submit a
protest to the GSA Transportation Audits Division via TAMS (<a href="https://tams.gsa.gov">https://tams.gsa.gov</a>) or email to <a href="/cdn-cgi/l/email-protection#1b6b69746f7e686f685b7c687a357c746d"><span class="__cf_email__" data-cfemail="1e6e6c716a7b6d6a6d5e796d7f30797168">[email protected]</span></a>.
0
34. Revise Sec. 102-118.610 to read as follows:
Sec. 102-118.610 Is a TSP notified when GSA allows a claim?
Yes, the GSA Transportation Audits Division will acknowledge each
payable claim using a Certificate of Settlement.
0
35. Revise Sec. 102-118.615 to read as follows:
Sec. 102-118.615 Will GSA notify a TSP if they internally offset a
payment?
Yes, the GSA Transportation Audits Division will notify the TSP via
TAMS or email if GSA offsets a payment.
0
36. Amend Sec. 102-118.630 by:
0
a. Revising paragraphs (a) and (b); and
0
b. Removing Note 1.
The revisions 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 via
TAMS or by ACH. If an ACH 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 the appropriate address
listed on the Accounts and Collections web page at <a href="https://www.gsa.gov/transaudits">https://www.gsa.gov/transaudits</a>.
(b) If an ACH address is needed, visit <a href="https://www.gsa.gov/transaudits">https://www.gsa.gov/transaudits</a> (Accounts and Collections web page) or contact the GSA
Transportation Audits Division via email at:
<a href="/cdn-cgi/l/email-protection#90f1e5f4f9e4e3bef3fffcfcf5f3e4f9fffee3d0f7e3f1bef7ffe6"><span class="__cf_email__" data-cfemail="eb8a9e8f829f98c5888487878e889f82848598ab8c988ac58c849d">[email protected]</span></a>.
0
37. Revise Sec. 102-118.645 to read as follows:
Sec. 102-118.645 Can a TSP file a claim on collection actions?
Yes, a TSP may file a 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
subject to 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 email to
<a href="/cdn-cgi/l/email-protection#a7d7d5c8d3c2d4d3d4e7c0d4c689c0c8d1"><span class="__cf_email__" data-cfemail="bbcbc9d4cfdec8cfc8fbdcc8da95dcd4cd">[email protected]</span></a>.
[FR Doc. 2024-02791 Filed 2-15-24; 8:45 am]
BILLING CODE 6820-14-P
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</html>Indexed from Federal Register on February 16, 2024.
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.