`[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Pages 60060-60069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25130]



[[Page 60059]]

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Part V





General Services Administration





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41 CFR Parts 101-40 and 102-117



Transportation Management; Final Rule

  Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules 
and Regulations  

[[Page 60060]]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-40 and 102-117

[FPMR Amendment G-116]
RIN 3090-AH16


Transportation Management

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final 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: Effective October 6, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Allison, Program 
Analyst, 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 revising and clarifying the 
transportation management policies by writing them in plain language 
and making other substantial changes. This rule adds a new part to the 
Federal Management Regulation (FMR) that will phase in the use of 
commercial transportation documents, such as bills of lading, and 
retire 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. Substantive Changes

    This final rule clarifies existing transportation management 
requirements. We incorporate the Treasury, Postal and General 
Government Appropriations Act of 1994 (see Public Law 103-123; 107 
Stat. 1226, 1247) that changed GSA to a nonmandatory source of 
transportation services. The focus shifts the transportation 
regulations away from how agencies should use GSA's household goods and 
freight shipment programs as mandatory sources of these services. 
Changes are included to:
    (a) Provide broad policy for agencies to develop transportation 
programs that best suit their needs;
    (b) Require that 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) 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) Eliminate the use of the Optional Forms 1103 and 1203, 
Government Bill of Lading, for domestic freight and household goods 
shipments by September 30, 2001;
    (e) Expand the 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) Expand the use of charge cards as an alternative payment method 
for transportation services. Agencies must set up their own 
administrative rules covering accountability, exceptions and limits of 
the charge card;
    (g) Introduce performance measures to help agencies determine how 
well they perform the transportation function and support the agency 
mission;
    (h) 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) Add a requirement for reports. Reporting transportation costs 
will help agencies collect information for forecasting and planning; 
and
    (j) Add a separate section on representation before regulatory 
bodies to clarify the authority granted to GSA and how an agency may 
request help.
    A proposed rule was published on February 28, 2000, at 65 FR 8817. 
Comments were received from six agencies and one member of the public. 
All comments were considered in the formulation of the final rule and, 
as a result, a number of changes were made to the proposed rule.

C. Executive Order 12866

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

D. Regulatory Flexibility Act

    This final 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 effect on the public.

E. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final 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 final 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 amends 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 and traffic management previously 
contained in this part, see FMR part 117 (41 CFR part 102-117).

CHAPTER 102--[AMENDED]

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

[[Page 60061]]

PART 102-117--TRANSPORTATION MANAGEMENT

Subpart A--General

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?
Subpart B--Acquiring Transportation or Related Services
102-117.30  What choices do I have when acquiring transportation or 
related services?
102-117.35  What are the advantages and disadvantages to using GSA's 
tender of service?
102-117.40  When is it advantageous for me to use another agency's 
contract or 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 of contracting 
directly with a TSP under FAR?
102-117.55  What are the advantages and disadvantages of using a 
rate tender?
102-117.60  What is the importance of the terms and conditions in a 
rate tender or other transportation document?
102-117.65  What terms and conditions must all rate tenders or 
contracts include?
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  What is the difference between a Government bill of 
lading (GBL) and a bill of lading?
102-117.90  May I use U.S. Government bill of lading (GBL) (Optional 
Forms 1103 and 1203), to acquire freight, household goods or other 
related transportation services?
102-117.95  After the GBLs retire for domestic shipments, what 
transportation documents must I use to acquire freight, household 
goods or other transportation services?
Subpart C--Business Rules To Consider Before Shipping Freight or 
Household Goods
102-117.100  What business rules must I consider before acquiring 
transportation or related services?
102-117.105  What does best value mean when routing a shipment?
102-117.110  What is satisfactory service?
102-117.115  How do I calculate total delivery costs?
102-117.120  To what extent must I equally distribute orders for 
transportation and related services among TSPs?
102-117.125  How detailed must I describe property for shipment when 
communicating to a TSP?
102-117.130  Must I select TSPs who use alternative fuels?
Subpart D--Restrictions That Affect International Transportation of 
Freight and Household Goods
102-117.135  What are the international transportation restrictions?
102-117.140  What is cargo preference?
102-117.145  What are coastwise laws?
102-117.150  What do I need to know about coastwise laws?
102-117.155  Where do I go for further information about coastwise 
laws?
Subpart E--Shipping Freight
102-117.160  What is freight?
102-117.165  What shipping process must I use for freight?
102-117.170  What reference materials are available to ship freight?
102-117.175  What factors do I consider to determine the mode of 
transportation?
102-117.180  What transportation documents must I use to ship 
freight?
102-117.185  Where must I send a copy of the transportation 
documents?
102-117.190  Where do I file a claim for loss or damage to property?
102-117.195  Are there time limits affecting filing of a claim?
Subpart F--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 G--Shipping Household Goods
102-117.215  What are household goods (HHG)?
102-117.220  What choices do I have to ship HHG?
102-117.225  What is the difference between a contract or rate 
tender and a commuted rate system?
102-117.230  Must I compare costs between a contract or rate tender 
and the commuted rate system before choosing which method to use?
102-117.235  How do I get a cost comparison?
102-117.240  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?
102-117.245  What is my responsibility in providing guidance to an 
employee who wishes to use the commuted rate system?
102-117.250  What are my responsibilities after shipping the 
household goods?
102-117.255  What actions may I take if the TSP's performance is not 
satisfactory?
102-117.260  What are my responsibilities to employees regarding the 
TSP's liability for loss or damage claims?
102-117.265  Are there time limits that affect filing a claim with a 
TSP for loss or damage?
Subpart H--Performance Measures
102-117.270  What are agency performance measures for 
transportation?
Subpart I--Transportation Service Provider (TSP) Performance
102-117.275  What performance must I expect from a TSP?
102-117.280  What aspects of the TSP's performance are important to 
measure?
102-117.285  What are my choices if a TSP's performance is not 
satisfactory?
102-117.290  What is the difference between temporary nonuse, 
suspension and debarment?
102-117.295  Who makes the decisions on temporary nonuse, suspension 
and debarment?
102-117.300  Do the decisions on temporary nonuse, suspension and 
debarment go beyond the agency?
102-117.305  Where do I go for information on the process for 
suspending or debarring a TSP?
102-117.310  What records must I keep on temporary nonuse, 
suspension or debarment of a TSP?
102-117.315  Who must I notify on suspension or debarment of a TSP?
Subpart J--Representation Before Regulatory Body Proceedings
102-117.320  What is a transportation regulatory body proceeding?
102-117.325  May my agency appear on its own behalf before a 
transportation regulatory body proceeding?
102-117.330  When, or under what circumstances, would GSA delegate 
authority to an agency to appear on its own behalf before a 
transportation regulatory body proceeding?
102-117.335  How does my agency ask for a delegation to represent 
itself in a regulatory body proceeding?
102-117.340  What other types of assistance may GSA provide agencies 
in dealing with regulatory bodies?
Subpart K--Reports
102-117.345  Is there a requirement for me to report to GSA on my 
transportation activities?
102-117.350   How will GSA use reports I submit?
Subpart L--Governmentwide Transportation Policy Council (GTPC)
102-117.355  What is the Governmentwide Transportation Policy 
Council (GTPC)?
102-117.360  Where can I get more information about the GTPC?

    Authority: 31 U.S.C. 3726; 40 U.S.C. 481, et seq.
Subpart A--General


Sec. 102-117.5  What is transportation management?

    Transportation management is agency oversight of the physical 
movement of commodities, household goods (HHG) and other freight 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 shipping freight and household goods worldwide.

[[Page 60062]]

Freight is property or goods transported as cargo. Household goods are 
not Government property, but 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), 
except those indicated in Sec. 102-117.20.


Sec. 102-117.20  Are any agencies 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) Subpart D of this part, covering household goods, does not 
apply to the uniformed service members, under Title 37 of the United 
States Code, ``Pay and Allowances of the Uniformed Services,'' 
including the uniformed service members serving in civilian agencies 
such as 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 line-haul 
charges. Examples of accessorial charges are:
    (1) Inside delivery, redelivery, reconsignment, and demurrage or 
detention for freight; and
    (2) Packing, unpacking, appliance servicing, blocking and bracing, 
and special handling for household goods.
    Agency is any executive agency, but does not include:
    (1) A Government Controlled Corporation;
    (2) The Tennessee Valley Authority;
    (3) The Virgin Islands Corporation;
    (4) The Atomic Energy Commission;
    (5) The Central Intelligence Agency;
    (6) The Panama Canal Commission; and
    (7) The National Security Agency, Department of Defense.
    Bill of lading, sometimes referred to as a commercial bill of 
lading (but includes GBLs), is the document used as a receipt of goods 
and documentary evidence of title.
    Cargo preference is the legal requirement for all, or a portion of 
all, ocean-borne cargo to be transported on U.S. flag vessels.
    Commuted rate system is the system under which an agency may allow 
its employees to make their own household goods shipping arrangements, 
and apply for reimbursement.
    Consignee is the person or agent to whom freight or household goods 
are delivered.
    Consignor is the person or firm that ships 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.
    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 part 9, subpart 9.406).
    Demurrage is the penalty charge to an agency for delaying the 
agreed time to load or unload shipments by rail or ocean TSPs.
    Detention is the penalty charge to an agency for delaying the 
agreed time to load or unload shipments by truck TSPs.
    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, charge 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 is property or goods transported as cargo.
    Government bill of lading (GBL) is the Optional Form 1103 or 1203, 
the transportation document 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 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 web site: http://www.policyworks.gov/transportation.
    Hazardous material is a substance or material the Secretary of 
Transportation 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.). When transported internationally 
hazardous material may be classified as ``Dangerous Goods.'' All such 
freight must be marked in accordance with applicable regulations and 
the carrier must be notified in advance.
    Household goods (HHG) are the personal effects of Government 
employees and their dependents.
    Line-Haul is the movement of freight between cities excluding 
pickup and delivery service.
    Mode is a method of transportation, such as rail, motor, air, 
water, or pipeline.
    Rate schedule is a list of freight rates, taxes, and charges 
assessed against non-household goods cargo.
    Rate tender is an offer a TSP sends to an agency, containing 
service rates and charges.
    Receipt is a written or electronic acknowledgment by the consignee 
or TSP as to when and where a shipment was received.
    Release/declared value is stated in dollars and is considered the 
assigned value of the cargo for reimbursement purposes, not necessarily 
the actual value of the cargo. Released value may be more or less than 
the actual value of the cargo. The released value is the maximum amount 
that could be recovered by the agency in the event of loss or damage 
for the shipments of freight and household goods. The statement of 
released value must be shown on any applicable tariff, tender, or other 
document covering the shipment.
    Reparation is a payment to or from an agency to correct an improper 
transportation billing involving a TSP. Improper routing, overcharges 
or duplicate payments may cause such improper billing. This is 
different from a payment to settle a claim for loss and damage.
    Suspension is an action taken by an agency to disqualify a TSP from 
receiving orders for certain services under a contract or rate tender 
(48 CFR part 9, subpart 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 provides freight or passenger transportation and 
related services to an agency. For a freight shipment this would 
include packers, truckers and storers. For passenger transportation 
this would include airlines, travel agents and travel management 
centers.
    U.S. flag air carrier is an air carrier holding a certificate 
issued by the United States under 49 U.S.C. 41102 (49

[[Page 60063]]

U.S.C. 40118, 48 CFR part 47, subpart 47.4).
    U.S. flag vessel is a commercial vessel, registered and operated 
under the laws of the U.S., owned and operated by U.S. citizens, and 
used in commercial trade of the United States.

Subpart B--Acquiring Transportation or Related Services


Sec. 102-117.30  What choices do I have when acquiring transportation 
or related services?

    When you acquire transportation or related services you may:
    (a) Use the GSA tender of service;
    (b) Use another agency's contract or rate tender with a TSP only if 
allowed by the terms of that agreement or if the Administrator of 
General Services delegates authority to another agency to enter 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) Negotiate a rate tender under a Federal transportation 
procurement statute, 49 U.S.C. 10721 or 13712.


Sec. 102-117.35  What are the advantages and disadvantages of using 
GSA's tender of service?

    (a) It is an advantage to use GSA's tender of service when you want 
to:
    (1) Use GSA's authority to negotiate on behalf of the Federal 
Government and take advantage of the lower rates and optimum service 
that result from a larger volume of business;
    (2) Use a uniform tender of service; and
    (3) Obtain assistance with loss and damage claims.
    (b) It is a disadvantage to use GSA's tender of service when:
    (1) You want an agreement that is binding for a longer term than 
the GSA tender of service;
    (2) You have sufficient time to follow FAR contracting procedures; 
and
    (3) You do not want to pay for the GSA administrative service 
charge as a participant in the GSA rate tender programs.


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 the contract or rate tender offers 
better or equal value than otherwise available to you.


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) Assure that the contract or rate tender meets any special 
requirements unique to your agency;
    (b) Pay any other charges imposed by the other agency for external 
use of their contract or rate tender; and
    (c) Ensure the terms of the other agency's contract or rate tender 
allow you to use it.


Sec. 102-117.50  What are the advantages and disadvantages of 
contracting directly with a TSP under the FAR?

    (a) The FAR is an advantage to use when:
    (1) You ship consistent volumes in consistent traffic lanes;
    (2) You have sufficient time to follow FAR contracting procedures; 
and
    (3) Your contract office is able to handle the requirement.
    (b) The FAR may be a disadvantage when you:
    (1) Cannot prepare and execute a FAR contract within your time 
frame; or
    (2) Have recurring shipments between designated places, but do not 
expect sufficient volume to obtain favorable rates.


Sec. 102-117.55  What are the advantages and disadvantages of using a 
rate tender?

    (a) Using a rate tender is an advantage when you:
    (1) Have a shipment that must be made within too short a time frame 
to identify or solicit for a suitable contract; or
    (2) Have shipments recurring between designated places, but do not 
expect sufficient volume to obtain favorable rates.
    (b) Using a rate tender may be a disadvantage when:
    (1) You have sufficient time to use the FAR and this would achieve 
better results;
    (2) You require transportation service for which no rate tender 
currently exists; or
    (3) A TSP may revoke or terminate the tender on short notice.


Sec. 102-117.60  What is the importance of terms and conditions in a 
rate tender or other transportation document?

    Terms and conditions are important to protect the Government's 
interest and establish the performance and standards expected of the 
TSP. It is important to remember that terms and conditions are:
    (a) Negotiated between the agency and the TSP before movement of 
any item; and
    (b) Included in all contracts and rate tenders listing the services 
the TSP is offering to perform at the cost presented in the rate tender 
or other transportation document.

    Note to Sec. 102-117.60: You must reference the negotiated 
contract or rate tender on all transportation documents. For further 
information see Sec. 102-117.65.

Sec. 102-117.65  What terms and conditions must all rate tenders or 
contracts include?

    All rate tenders and contracts must include, at a minimum, the 
following terms and conditions:
    (a) Charges cannot be prepaid.
    (b) Charges are not paid at time of delivery.
    (c) Interest shall accrue from the voucher payment date on 
overcharges made and shall be paid at the same rate in effect on that 
date as published by the Secretary of the Treasury according to the 
Debt Collection Act of 1982, 31 U.S.C. 3717.
    (d) To qualify for the rates specified in a rate tender filed under 
the provisions of the Federal transportation procurement statutes (49 
U.S.C. 10721 or 13712), property must be shipped by or for the 
Government and the rate tender must indicate 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 for the benefit of the Government.

    (e) When using a rate tender for transportation under a cost-
reimbursable contract, include the following statement in the rate 
tender:

    Transportation is for the (agency name), and the actual total 
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).

    (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 by contacting:

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


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

    You may find more information about terms and conditions in part 
102-118 of this chapter, or the ``U.S. Government

[[Page 60064]]

Freight Transportation Handbook'' (see Sec. 102-117.65(f)).


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 Number * * *''.


Sec. 102-117.80  How are rate tenders filed?

    (a) The TSP must file a written rate tender with your agency.
    (b) You must send two copies of the rate tender to:

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


Sec. 102-117.85  What is the difference between a Government bill of 
lading (GBL) and a bill of lading?

    (a) A Government bill of lading (GBL), Optional Forms 1103 and 
1203, is a controlled document that conveys specific terms and 
conditions to protect the Government interest and serves as the 
contract of carriage.
    (b) A 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.
    (c) Use a bill of lading for Government shipments if the specific 
terms and conditions of a GBL are included in any contract or rate 
tender (see Sec. 102-117.65) and the bill of lading makes reference to 
that contract or rate tender (see Sec. 102-117.75 and the ``U.S. 
Government Freight Transportation Handbook'').


Sec. 102-117.90  May I use U.S. Government bill of lading (GBL) 
(Optional Forms 1103 and 1203), to acquire freight, household goods or 
other related transportation services?

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


Sec. 102-117.95  After the GBLs retire for domestic shipments, what 
transportation documents must I use to acquire freight, household goods 
or other transportation services?

    Bills of lading and purchase orders are the transportation 
documents you use to acquire freight, household goods and other 
transportation services after the GBLs retire for domestic shipments. 
Terms and conditions in Sec. 102-117.65 and the ``U.S. Government 
Freight Transportation Handbook'' will still be required. For further 
information on payment methods, see part 102-118 of this chapter.

Subpart C--Business Rules To Consider Before Shipping Freight or 
Household Goods


Sec. 102-117.100  What business rules must I consider before acquiring 
transportation or related services?

    When acquiring transportation or related services you must:
    (a) Use the mode or individual transportation service provider 
(TSP) that provides the overall best value to the agency. For more 
information, see Secs. 102-117.105 through 102-117.130;
    (b) Demonstrate no preferential treatment to any TSP when arranging 
for transportation services except on international shipments. 
Preference on international shipments must be given to United States 
registered commercial vessels and aircraft;
    (c) Ensure that small businesses 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 need for insurance. Generally, the Government is 
self-insured; however, there are instances when the Government will 
purchase 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) or for ocean freight shipments; and
    (f) Consider the added requirements on international transportation 
found in subpart D of this part.


Sec. 102-117.105  What does best value mean when routing a shipment?

    Best value to your agency when routing a shipment means using the 
mode or individual TSP providing the best combination of satisfactory 
service factors.


Sec. 102-117.110  What is satisfactory service?

    You should consider the following factors in assessing whether a 
TSP offers satisfactory service:
    (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 including accuracy of 
billing;
    (g) Capability of warehouse equipment and storage space; and
    (h) Experience of company, management, and personnel to perform the 
requirements.


Sec. 102-117.115  How do I calculate total delivery costs?

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


Sec. 102-117.120  To what extent must I equally distribute orders for 
transportation and related services among TSPs?

    You must assure that small businesses, socially or economically 
disadvantaged and women-owned TSPs have equal opportunity to provide 
the transportation or related services.


Sec. 102-117.125  How detailed must I describe property for shipment 
when communicating to a TSP?

    You must describe property in enough detail for the TSP to 
determine the type of equipment or any special precautions necessary to 
move the shipment. Details might include weight, volume, measurements, 
routing, hazardous cargo, or special handling designations.


Sec. 102-117.130  Must I select TSPs who use alternative fuels?

    No, but, whenever possible, you are encouraged to select TSPs that 
use alternative fuel vehicles and equipment, 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).

[[Page 60065]]

Subpart D--Restrictions That Affect International Transportation of 
Freight and Household Goods


Sec. 102-117.135  What are the international transportation 
restrictions?

    Several statutes mandate the use of U.S. flag carriers for 
international shipments (see 48 CFR part 47, subparts 47.4 and 47.5). 
For example:
    (a) Arrangements for international air transportation services must 
follow the Fly America Act (International Air Transportation Fair 
Competitive Practices Act of 1974) (49 U.S.C. 40118); and
    (b) International movement of property by water is subject to the 
cargo preference laws (see 46 CFR part 381 and 48 CFR part 47, subpart 
47.5), which require the use of a U.S. flag carrier when service is 
available. The Maritime Administration (MARAD) monitors agency 
compliance of these laws. All Government shippers must send a rated 
copy of the ocean carrier's bill of lading to MARAD within 30 days of 
loading aboard a vessel to:

Department of Transportation
Maritime Commission
Office of Cargo Preference
400 7th Street, SW.
Washington, DC 20590
http://www.marad.dot.gov/
Tel. 1-800-9US-FLAG
E-mail: [email protected]v

    Note to Sec. 102-117.135(b): Non-vessel Operations Common 
Carrier (NVOCC) or freight forwarder bills of lading are not 
acceptable (see 48 CFR part 47).

Sec. 102-117.140  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
http://www.marad.dot.gov/
Tel. 1-800-9US-FLAG
e-mail: [email protected]


Sec. 102-117.145  What are coastwise laws?

    Coastwise laws refer to laws governing shipment of freight, 
household goods and passengers by water between points in the United 
States or its territories. The purpose of these laws is 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. 102-117.150  What do I need to know about 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 port, must travel in U.S. 
Maritime Administration (MARAD) authorized U.S. Flag vessels;
    (b) There are exceptions and limits for the U.S. Island territories 
and possessions in the Atlantic and Pacific Oceans (see Sec. 102-
117.155); and
    (c) The Secretary of the Treasury is empowered to impose monetary 
penalties against agencies that violate the coastwise laws.


Sec. 102-117.155  Where do I go for further information about 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 on 
exceptions to the coastwise laws.

Subpart E--Shipping Freight


Sec. 102-117.160  What is freight?

    Freight is property or goods transported as cargo.


Sec. 102-117.165  What shipping process must I use for freight?

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


Sec. 102-117.170  What reference materials are available to ship 
freight?

    (a) The following is a partial list of handbooks and guides 
available from GSA:
    (1) U.S. Government Freight Transportation Handbook;
    (2) Limited Authority to Use Commercial Forms and Procedures;
    (3) Submission of Transportation Documents; and
    (4) Things to be Aware of When Routing or Receiving Freight 
Shipments.
    (b) For the list in paragraph (a) of the section and other 
reference materials, contact:

(1) General Services Administration, Federal Supply Service, Audit 
Division (FBA), 1800 F Street, NW., Washington, DC 20405, http://www.fss.gsa.gov/transtrav; or
(2) General Services Administration, Federal Supply Service, 1500 
Bannister Road, Kansas City, MO 64131, http://www.kc.gsa.gov/fsstt.


Sec. 102-117.175  What factors do I consider to determine the mode of 
transportation?

    Your shipping urgency and any special handling requirements 
determine which mode of transportation you select. Each mode has unique 
requirements for documentation, liability, size, weight and delivery 
time. HAZMAT, radioactive, and other specialized cargo may require 
special permits and may limit your choices.


Sec. 102-117.180  What transportation documents must I use to ship 
freight?

    To ship freight:
    (a) By land (domestic shipments), use a bill of lading;
    (b) By land (international shipments), use the GBL;
    (c) By ocean, use an ocean bill of lading, when suitable, along 
with the GBL; and
    (d) By air, use a bill of lading.


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

    (b) For all property shipments subject to the 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 30 days of 
vessel loading.


Sec. 102-117.190  Where do I file a claim for loss or damage to 
property?

    You must file a claim for loss or damage to property with the TSP.


Sec. 102-117.195  Are there time limits affecting filing of a claim?

    Yes, several statutes limit the time for administrative or judicial 
action against a TSP. Refer to part 102-118 of this chapter for more 
information and the time limit tables.

[[Page 60066]]

Subpart F--Shipping Hazardous Material (HAZMAT)


Sec. 102-117.200  What is HAZMAT?

    HAZMAT is a substance or material the Secretary of Transportation 
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 the Environmental 
Protection Agency and the Department of Transportation regulations, as 
well as applicable State and local government rules and regulations.


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 G--Shipping Household Goods


Sec. 102-117.215  What are household goods (HHG)?

    Household goods (HHG) are the personal effects of Government 
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) Using the commuted rate system;
    (2) GSA's Centralized Household Goods Traffic Management Program 
(CHAMP);
    (3) Contracting directly with a TSP, (including a relocation 
company that offers transportation services) using the acquisition 
procedures under the Federal Acquisition Regulation (FAR) (see 
Sec. 102-117.35);
    (4) Using another agency's contract with a TSP (see Sec. Sec. 102-
117.40 and 102-117.45);
    (5) Using a rate tender under the Federal transportation 
procurement statutes (49 U.S.C. 10721 or 13712) (see Sec. 102-117.35).
    (b) As an alternative to the choices in paragraph (a) of this 
section, 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

    Note to Sec. -117.220: Agencies must use the commuted rate 
system for civilian employees who transfer between points inside the 
continental United States unless it is evident from the cost 
comparison that the Government will incur a savings ($100 or more) 
using another choice listed. The use of household goods rate tenders 
is not authorized when household goods are shipped under the 
commuted rate system.

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

    (a) Under a contract or 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 a claim on behalf of the employee directly with the 
TSP, or help the employee in filing a claim against the TSP.
    (b) Under the commuted rate system an employee arranges for 
shipping HHG and is reimbursed by the agency for the resulting costs. 
Use this method only within the continental United States (not Hawaii 
or Alaska). The agency reimburses the employee according to the 
Commuted Rate Schedule published by the GSA. The Commuted Rate Schedule 
(without rate table) is available on the Internet at http://www.policyworks.gov.
    (c) For rate table information or a subscription for the Commercial 
Relocation Tariff contact:

American Moving and Storage Association
1611 Duke Street
Alexandria, VA 22314-3482
Tel. 703-683-7410

    (d) For further information or assistance, you may contact:

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


Sec. 102-117.230  Must I compare costs between a contract or a rate 
tender and the commuted rate system before choosing which method to 
use?

    Yes, you must compare the cost between a contract or a rate tender, 
and the commuted rate system before you make a decision.


Sec. 102-117.235  How do I get a cost comparison?

    (a) You may calculate a cost comparison internally according to 41 
CFR 302-8.3.
    (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 (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
1500 Bannister Road
Kansas City, MO 64131
http://www.kc.gsa.gov/fsstt


    Note to Sec. 102-117.235(c): GSA may charge an administrative 
fee for agencies not participating in the CHAMP program.

Sec. 102-117.240  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 responsible for reimbursing the employee what it 
would cost the Government to ship the employee's HHG by the most cost-
effective means available or the employee's actual moving expenses, 
whichever is less.
    (b) The employee is liable for the additional cost when the cost of 
transportation arranged by the employee is more than what it would cost 
the Government.

    Note to Sec. 102-117.240: For more information on how to ship 
household goods, refer to 41 CFR 302-8.3.

Sec. 102-117.245  What is my responsibility in providing guidance to an 
employee who wishes to use the commuted rate system?

    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. 102-117.250  What are my responsibilities after shipping the 
household goods?

    (a) Each agency should develop an evaluation survey for the 
employee to complete following the move.
    (b) Under the CHAMP program, you must counsel employees to fill out 
their portion of the GSA Form 3080,

[[Page 60067]]

Household Goods Carrier Evaluation Report. This form reports the 
quality of the TSP's performance. 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 it to:

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

Sec. 102-117.255  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, suspended status, or debarred status. For more 
information on doing this, see subpart I of this part and the FAR (48 
CFR 9.406-3 and 9.407-3).


Sec. 102-117.260  What are my responsibilities to employees regarding 
the TSP's liability for loss or damage claims?

    Regarding the TSP's liability for loss or damage claims, you must:
    (a) 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;
    (b) Inform the employee about the procedures to file claims for 
loss and damage to HHG with the TSP; and
    (c) Counsel employees, who have a loss or damage to their HHG that 
exceeds the amount recovered from a TSP, on procedures for filing a 
claim against the Government 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)).


Sec. 102-117.265  Are there time limits that affect filing a claim with 
a TSP for loss or damage?

    Yes, several statutes limit the time for filing claims or taking 
other administrative or judicial action against a TSP. Refer to part 
102-118 of this chapter for information on claims.

Subpart H--Performance Measures


Sec. 102-117.270  What are agency performance measures for 
transportation?

    (a) Agency performance measures are indicators of how you are 
supporting your customers and doing your job. By tracking performance 
measures you can report specific accomplishments and your success in 
supporting the agency mission. 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;
    (2) Adopt industry best practices and services to meet your agency 
requirements;
    (3) Use TSPs with a track record of successful past performance or 
proven superior ability;
    (4) Take advantage of competition in moving agency freight and 
household goods;
    (5) Assure that delivery of freight and household goods is on time 
against measured criteria; and
    (6) Create simplified procedures to be responsive and adaptive to 
the customer needs and concerns.

Subpart I--Transportation Service Provider (TSP) Performance


Sec. 102-117.275  What performance must I expect from a TSP?

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


Sec. 102-117.280  What aspects of the TSP's performance are important 
to measure?

    Important TSP 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 driving record (accidents, traffic tickets and driving 
complaints) as a percentage of shipments; and
    (j) Percentage of customer satisfaction reports on carrier 
performance.


Sec. 102-117.285  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 if performance is unsatisfactory.


Sec. 102-117.290  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 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 (DOT) 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) Subjecting your shipments to unlawful seizure or detention by 
failing to pay debts;
    (8) Operating without legal authority;
    (9) Failure to settle claims according to Government regulations; 
or
    (10) Repeated failure to comply with regulations of DOT, Surface 
Transportation Board, State or local governments or other Government 
agencies.
    (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 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 that 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 for 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 to take the necessary corrective actions 
within the period of temporary nonuse; or
    (2) Conviction of or civil judgment for any of the causes for 
suspension.


Sec. 102-117.295  Who makes the decisions on temporary nonuse, 
suspension and debarment?

    (a) The transportation officer may place a TSP in temporary nonuse 
for a period not to exceed 90 days.

[[Page 60068]]

    (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 may suspend or debar a TSP.


Sec. 102-117.300  Do the decisions on temporary nonuse, suspension and 
debarment go beyond the agency?

    (a) Temporary nonuse does not go beyond the agency.
    (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. 102-117.305  Where do I go for information on the process for 
suspending or debarring a TSP?

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


Sec. 102-117.310  What records must I keep on temporary nonuse, 
suspension or debarment of a TSP?

    (a) You must set up a program consistent with your agency's 
internal record retention procedures to document the placement of TSPs 
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 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 TSPs, 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 a suspended or 
debarred TSP; and
    (2) Notify GSA (see Sec. 102-117.315).


Sec. 102-117.315  Who must I notify on suspension or debarment of a 
TSP?

    Agencies must report monthly any suspension or debarment actions 
to:

General Services Administration
Office of Acquisition Policy (MV)
1800 F Street, NW.
Washington, DC 20405
http://www.epls.arnet.gov;

Subpart J--Representation Before Regulatory Body Proceedings


Sec. 102-117.320  What is a transportation regulatory body proceeding?

    A transportation regulatory body proceeding is a hearing before a 
transportation governing entity, such as a State public utility 
commission, the Surface Transportation Board, or the Federal Maritime 
Commission. The proceeding may be at the Federal or State level 
depending on the activity regulated.


Sec. 102-117.325  May my agency appear on its own behalf before a 
transportation regulatory body proceeding?

    Generally, no executive agency may appear on its own behalf in any 
proceeding before a transportation regulatory body, unless the 
Administrator of General Services delegates the authority to the 
agency. The statutory authority for the Administrator of General 
Services to participate in regulatory proceedings on behalf of all 
Federal agencies 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. 102-117.330  When, or under what circumstances, would GSA delegate 
authority to an agency to appear on its own behalf before a 
transportation regulatory body proceeding?

    GSA will delegate authority when it does not have the expertise, or 
when it is outside of GSA's purview, to make a determination on an 
issue such as a protest of rates, routings or excessive charges.


Sec. 102-117.335  How does my agency ask for a delegation to represent 
itself in a regulatory body proceeding?

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

General Services Administration
Office of Transportation and Personal Property (MT)
1800 F Street, NW.
Washington, DC 20405


Sec. 102-117.340  What other types of assistance may GSA provide 
agencies in dealing with regulatory bodies?

    (a) GSA has oversight of all public utilities used by the Federal 
Government including transportation. There are specific regulatory 
requirements a TSP must meet at the State level, such as the 
requirement to obtain a certificate of public convenience and 
necessity.
    (b) GSA has a list of TSPs, which meet certain criteria regarding 
insurance and safety, approved by DOT. You must furnish GSA with an 
affidavit to determine if the TSP meets the basic qualification to 
protect the Government's interest. As an oversight mandate, GSA 
coordinates this function. For further information contact:

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

Subpart K--Reports


Sec. 102-117.345  Is there a requirement for me to report to GSA on my 
transportation activities?

    (a) Currently, there is no requirement for reporting to GSA on your 
transportation activities. However, 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. 102-117.350  How will GSA use reports I submit?

    (a) Reporting on transportation and transportation related services 
will provide GSA with:
    (1) The ability to assess the magnitude and key characteristics of 
transportation within the Government (e.g., how much agencies spend; 
what type of commodity is shipped; etc.);
    (2) Data to analyze and recommend changes to policies, standards, 
practices, and procedures to improve Government transportation; and
    (3) A better understanding of how your activity relates to other 
agencies and your influence on the Governmentwide picture of 
transportation services.

[[Page 60069]]

    (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 L--Governmentwide Transportation Policy Council (GTPC)


Sec. 102-117.355  What is the Governmentwide Transportation Policy 
Council (GTPC)?

    The Office of Governmentwide Policy sponsors a Governmentwide 
Transportation Policy Council (GTPC) to help agencies establish, 
improve, and maintain effective transportation management policies, 
practices and procedures. The council:
    (a) Collaborates with private and public stakeholders to develop 
valid performance measures and promote solutions that lead to effective 
results; and
    (b) Provides assistance in developing the Governmentwide 
transportation reporting system (see Sec. 102-117.345).


Sec. 102-117.360  Where can I get more information about the GTPC?

    For more information about the GTPC, contact:

General Services Administration
Office of Transportation and Personal Property (MT)
1800 F Street, NW.
Washington, DC 20405
http://www.policyworks.gov/transportation

    Dated: September 26, 2000.
David J. Barram,
Administrator of General Services.
[FR Doc. 00-25130 Filed 10-5-00; 8:45 am]
BILLING CODE 6820-24-P`