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[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Rules and Regulations]
[Pages 93192-93198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27552]

=======================================================================
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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-118

[FMR Case 2023-02; Docket No. GSA-FMR-2023-0014; Sequence No. 2]
RIN 3090-AK73

Federal Management Regulation; Transportation Payment and Audit 
Regulations

AGENCY: Office of Government-Wide Policy (OGP), General Services 
Administration (GSA).

[[Page 93193]]

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States General Services Administration (GSA) is 
issuing a final rule amending the Federal Management Regulation (FMR). 
This amendment executes changes that include the removal, addition, and 
revision of definitions, the elimination of gender pronouns, the 
simplification of requirements, the alteration of statutory references, 
and the clarification of GSA's role in adjudicating disputes arising 
from audits of transportation bills. These adjustments are necessary to 
furnish accurate guidance for agencies, facilitate proper management 
and compliance with transportation invoice payment and audit 
obligations.

DATES: Effective date: December 26, 2024.

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 [email protected]. 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, assigned to the 
Administrator of GSA (Administrator) the authority to prescribe 
regulations for the audit of transportation invoices prior to payment, 
and the statutory authority for audit oversight of transportation 
invoices to protect the financial interests of the Government (31 
U.S.C. 3726). The law also provides the Administrator the power to 
conduct prepayment or postpayment audits of transportation bills of any 
Federal agency. GSA has codified these requirements in 41 CFR part 102-
118, Transportation Payment and Audit (Federal Management Regulation 
(FMR) part 102-118).
    Certain other statutes collectively empower the Administrator to 
create regulations governing various aspects of Federal procurement for 
transportation, ensuring compliance with Federal laws, and promoting 
the efficient use of Government resources. These include 40 U.S.C. 501, 
which grants the Administrator the authority to establish regulations 
for executive agencies regarding the procurement and supply of personal 
property, nonpersonal services, and related functions, including 
transportation and transportation services. Additionally, 49 U.S.C. 
40118 authorizes the Administrator to prescribe regulations allowing 
agencies to expend appropriations for transportation in violation of 
the requirements of said section.
    GSA last amended FMR part 102-118 on May 31, 2022 (87 FR 32320), to 
perform editorial and technical changes. 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.
    This final rule modifies definitions that apply to this part, which 
include incorporating 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 have been 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), have been removed from the 
definitions section because the terms are not utilized in this part. 
Additionally, some definitions have been amended to enhance clarity 
including the terms cash, Government contractor-issued charge card, and 
offset. GSA updated the definition of a Government contractor-issued 
charge card and introduced a new definition for an individually billed 
travel card. This change was made to define and explain the distinction 
between the two types of charge cards that the Government may use to 
procure transportation. The revised definitions clarify agency 
responsibilities, thereby significantly reducing ambiguity and the 
potential for non-compliance.
    This final rule continues to improve upon the changes introduced in 
the aforementioned direct final rule published on May 31, 2022. That 
rule eliminated unnecessary procedures for agencies to request GBL and 
Government Transportation Request (GTR) forms, along with their 
corresponding control numbers. GSA has amended this FMR part to 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.
    With the publication of this rule, GSA grants agencies discretion 
in using a GBL for domestic shipping. Agencies, and not GSA, are 
responsible for maintaining physical control and accountability of the 
GBLs they issue. In its present form, this FMR part restricts the use 
of a GBL to international shipments, however GSA acknowledges that 
agencies might occasionally need to issue a GBL for domestic shipments. 
Therefore, since agencies are obligated to manage the GBLs they issue, 
they should have the flexibility to decide when using a GBL is 
necessary to fulfill their mission. Providing Federal agencies with the 
latitude to issue GBLs when it is mission-essential enhances their 
ability to respond promptly and efficiently to critical needs, ensures 
better control and oversight of transportation processes, optimizes 
resource use, and can result in cost savings and legal protections. 
This flexibility is crucial for maintaining the effectiveness and 
efficiency of Federal operations, especially in times of urgency. 
Additionally, GSA clarifies that a bill of lading can be used to 
procure both transportation and transportation services.
    This 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 
revised regulation now requires agencies to send copies of rates 
provided by pipeline carriers as well. GSA corrected information 
including legal references related to actions by and against the 
Government. The revised information now lists proper authorities and 
deadlines for filing freight charges, loss and damage claims, and 
filing claims against a TSP for the collection of overcharges.
    Lastly, GSA has removed gender pronouns from this FMR part. The 
removal of gender pronouns promotes inclusivity and modernizes the 
language of the regulation.

II. Discussion of the Final Rule

A. Summary of Significant Changes

    This final rule provides agencies with additional clarification on 
the role of the TAMS and its benefit to TSPs, specifically when filing 
certain claims. It also outlines the circumstances under which Federal 
agencies use the TAMS. Additionally, when agencies submit their paid 
transportation invoices and other documentation through the TAMS, it 
allows the GSA Transportation Audits Division to

[[Page 93194]]

maintain and store these transportation records in accordance with the 
General Records Schedule.
    The GSA Transportation Audits Division maintains a central 
repository of electronic transportation billing records for legal and 
auditing purposes. Therefore, to comply with the Office of Management 
and Budget Memorandum M-23-07, GSA now requires agencies to submit 
their payment documentation for a post payment audit via the TAMS. 
Other documents that may need to be sent to GSA Transportation Audits 
Division will only be accepted electronically via email. Consequently, 
physical mailing addresses have been 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. TSPs are also permitted to use the 
TAMS to file a claim with the GSA Transportation Audits Division; 
however, its use by TSPs is not required. It is also important to note 
that as of July 2022, all department level agencies were compliant with 
this requirement, therefore mandating this requirement should have no 
additional effect on agency procedures.
    GSA has also included updated regulatory language addressing the 
agency's role in adjudicating disputes arising from audits of 
transportation bills. The Administrator of GSA has the authority to 
``adjudicate transportation claims which cannot be resolved by the 
agency procuring the transportation services, or the carrier or 
freight-forwarder presenting the bill'' (31 U.S.C. 3726(c)). GSA 
acknowledges that its notice of proposed rulemaking (89 FR 12296, 
February 16, 2024) did not expressly state that such authority is 
limited to ``transportation claims which cannot be resolved by the 
agency procuring the transportation services, or the carrier or 
freight-forwarder presenting the bill.'' 31 U.S.C. 3726(c). Upon 
further review of the statute and other relevant factors, including 
judicial decisions interpreting these provisions, GSA has updated the 
regulatory text in this final rule to accurately reflect the statutory 
text.
    GSA's procedures for performing an audit are incorporated in 
subpart F of this FMR part and apply to all procurement vehicles and 
methods available to agencies to procure transportation and 
transportation services. This language is included for clarity, creates 
no additional cost, and requires no additional effort by the TSP.

B. Analysis of Public Comments

    In the proposed rule published at 89 FR 12296 on February 16, 2024, 
GSA provided the public a 60-day comment period which ended on April 
16, 2024. GSA received one timely comment, which is from an anonymous 
source. As a result of the comment, minor changes were made from the 
proposed rule to the final rule.
    Comment: ``I agree that a change is needed to Sec.  102-
118.460(a)(5) [sic] because the current reference is incorrect however 
I think the timeline for filing a claim with the court should remain at 
1 year.''
    Response: After review, GSA restored the time limit in the ``loss 
and damage'' column of Sec.  102-118.460(a)(5) to 1-year. Only the 
legal references have been revised in this section.
    In addition, GSA received an untimely comment from Crowley Maritime 
Services. In the comment, Crowley requested that the agency ``extend'' 
the comment period, but Crowley provided no explanation as to why an 
extension would be appropriate. GSA therefore declines to consider the 
late-filed comment. GSA also notes that Crowley's comment primarily 
concerns the scope of the agency's dispute-resolution authority. This 
rule's discussion of that authority is consistent with the relevant 
statutory language. See 31 U.S.C. 3726.

III. 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 E.O. 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 rule is not a significant regulatory action, and 
therefore, is not subject to review under section 6(b) of E.O. 12866.

IV. Congressional Review Act

    OIRA has determined that this rule is not a ``major rule'' under 5 
U.S.C. 804(2). Title II, Subtitle E of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also 
known as the Congressional Review Act or CRA, generally provides that 
before a rule may take effect, unless excepted, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. This rule is excepted from CRA reporting requirements 
prescribed under 5 U.S.C. 801 as it relates to agency management or 
personnel under 5 U.S.C. 804(3)(B).

V. 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. This final 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 was not 
performed.

VI. 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 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.

Robin Carnahan,
Administrator, General Services Administration.

    For the reasons set forth in the preamble, GSA amends 41 CFR part 
102-118 as follows:

PART 102-118--TRANSPORTATION PAYMENT AND AUDIT

0
1. The authority citation for 41 CFR part 102-118 continues to read as 
follows:

    Authority:  31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et 
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.

[[Page 93195]]

Sec.  102-118.25  [Amended]

0
2. Amend Sec.  102-118.25 by removing ``may request'' and adding ``is 
required'' in its 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. Removing the definitions of ``Electronic data interchange'' and 
``Government contractor-issued charge card'' and adding the definitions 
of ``Electronic data interchange (EDI)'' and ``Government contractor 
issued charge card'' in their places, respectively;
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, in alphabetical order, 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, in alphabetical order, 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 https://www.cbca.gov/index.html.
* * * * *
    Electronic data interchange (EDI) means electronic techniques for 
carrying out transportation transactions using electronic transmissions 
of the information between computers instead of paper documents. These 
electronic transmissions must use established and published formats and 
codes as authorized by the applicable Federal Information Processing 
Standards.
* * * * *
    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 ``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 ``Government contractor issued charge card, 
purchase order (or electronic equivalent), or a bill of lading 
including a Government bill of lading'' in its place; and
0
b. In paragraph (b), removing ``Government issued charge card (or 
centrally billed travel account citation), Government issued individual 
travel charge card, personal charge card,'' and adding ``Government 
contractor issued charge card, centrally billed travel account, 
personal charge/credit card,'' in its place.

0
5. Amend Sec.  102-118.45 by revising paragraphs (a)(1)(i) and 
(a)(3)(i) and (ii) to read as follows:

Sec.  102-118.45  How does a transportation service provider (TSP) bill 
my agency for transportation and transportation services?

* * * * *

                 Transportation Service Provider Billing
------------------------------------------------------------------------
                  (a) Ordering method                       * * * * *
------------------------------------------------------------------------
(1)(i) Government contractor issued charge card; and...       * * * * *
 
                                * * * * *
(3)(i) Government contractor issued charge card               * * * * *
 (individually billed travel card);....................
(ii) Personal charge/credit card; and..................       * * * * *
 
                                * * * * *
------------------------------------------------------------------------

0
6. Amend Sec.  102-118.50 by:
0
a. Revising paragraph (a); and

[[Page 93196]]

0
b. In paragraph (c), removing ``(31 CFR part 208)''.
    The revision reads as follows:

Sec.  102-118.50  How does my agency pay for transportation services?

* * * * *
    (a) Electronic funds transfer (EFT). Your agency is required by 
statute (31 U.S.C. 3332, et seq.) to make all payments by EFT unless 
your agency receives a waiver from the Department of the Treasury.
* * * * *

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 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: https://www.fiscal.treasury.gov/

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) (https://tams.gsa.gov) to submit all relevant 
electronic transportation billing documents or submit via email to: 
[email protected].

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.

0
11. Amend Sec.  102-118.150 by revising paragraph (a) to read as 
follows:

Sec.  102-118.150  What are the major mandatory terms and conditions 
governing the use of passenger transportation documents?

* * * * *
    (a) Government travel must be via the lowest cost available that 
meets travel requirements (e.g., Government contract, fare, through, 
excursion, or reduced one way or round trip fare);
* * * * *

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.

0
14. Amend Sec.  102-118.260 by revising paragraph (a) to read as 
follows:

Sec.  102-118.260  Must my agency send all quotations, tenders, or 
contracts with a TSP to GSA?

    (a) Yes, your agency must send 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 [email protected].
* * * * *

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 revision reads 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 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 ``by email at 
[email protected], or by mail to: U.S. General Services 
Administration, 1800 F St. NW, 3rd Floor, Mail Hub 3400, Washington, DC 
20405'' and adding ``via TAMS (https://tams.gsa.gov), or by email to 
[email protected]'' in its place.

0
17. Amend Sec.  102-118.425 by revising the section heading and 
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).
* * * * *

0
18. Amend Sec.  102-118.430 by:
0
a. Revising paragraph (f); and
0
b. In paragraph (g), removing the second and third sentences.
    The revision reads as follows:

Sec.  102-118.430  What is the process the GSA Transportation Audits 
Division employs to conduct a postpayment audit?

* * * * *
    (f) Issues a Notice of Overcharge stating that a TSP owes a debt to 
the agency; and
* * * * *

Sec.  102-118.435  [Amended]

0
19. Amend Sec.  102-118.435 by, in paragraph (a)(7), removing ``freight 
or passenger'' and adding ``all'' in its place.

Sec.  102-118.440  [Amended]

0
20. Amend Sec.  102-118.440 by, in the second sentence, removing 
``type'' and adding ``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 with the GSA Transportation Audits Division 
against my agency?

    The time limits on a TSP transportation claim against the 
Government differ by mode as shown in the following table:

[[Page 93197]]

                   Time Limits on Actions Taken by TSP
------------------------------------------------------------------------
              Mode                  Freight charges         Statute
------------------------------------------------------------------------
(a) Air domestic................  6 years...........  28 U.S.C. 2401,
                                                       2501.
(b) Air international...........  6 years...........  28 U.S.C. 2401,
                                                       2501.
(c) Freight forwarders (subject   3 years...........  49 U.S.C.
 to 49 U.S.C. chapter 135).                            14705(f).
(d) Motor.......................  3 years...........  49 U.S.C.
                                                       14705(f).
(e) Rail........................  3 years...........  49 U.S.C.
                                                       11705(f).
(f) Water (subject to 49 U.S.C.   3 years...........  49 U.S.C.
 chapter 135).                                         14705(f).
(g) Water (not subject to 49      2 years...........  46 U.S.C. 30905.
 U.S.C. chapter 135).
(h) TSPs not specified in         6 years...........  28 U.S.C. 2401,
 paragraphs (a) through (g) of                         2501.
 this section.
------------------------------------------------------------------------

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 49  3 years. 49 U.S.C.       3 years. 49 U.S.C.       6 years. 28 U.S.C.
 U.S.C. chapter 135).                   14705(f).                14705(f).                2415.
(4) Water (subject to 49 U.S.C.        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 49 U.S.C.    6 years. 28 U.S.C. 2415  3 years. 46 U.S.C.       1 year; Carriage of
 chapter 135).                                                   41301.                   Goods By Sea Act, 46
                                                                                          USC 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 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.
(2) [Reserved].......................
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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--https://tams.gsa.gov.
    (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: 
[email protected].
* * * * *

0
26. Amend Sec.  102-118.510 by:
0
a. Revising the section heading; and
0
b. Removing ``GSA Form 7931'' and adding ``Certificate of Settlement'' 
in its place.
    The revision reads as follows:

Sec.  102-118.510  Can my agency revise or alter a Certificate of 
Settlement?

* * * * *

0
27. Revise Sec.  102-118.540 to read as follows:

Sec.  102-118.540  Who has the authority to audit and settle bills for 
all transportation services provided for my agency?

    (a) The Administrator of GSA has the authority and responsibility 
to audit and settle all transportation bills. The number and types of 
bills audited shall be based on the Administrator's judgment (31 U.S.C. 
3726(b)). The Administrator has authority to administratively 
adjudicate transportation claims which cannot be resolved by the agency 
procuring the transportation services, or the carrier or freight-
forwarder presenting the bill pursuant to 31 U.S.C. 3726(c).
    (b) The Administrator has delegated the responsibility set out in 
paragraph

[[Page 93198]]

(a) of this section 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 ([email protected]) must include:
    (a) The transportation document.
    (b) An explanation for the claim.
    (c) Any additional supporting documentation.

0
29. Amend Sec.  102-118.550 by revising the section heading to read as 
follows:

Sec.  102-118.550  How does a TSP file a claim using EDI or other 
electronic means?

* * * * *
0
30. Amend Sec.  102-118.555 by:
0
a. Revising the section heading; and
0
b. Removing ``administrative'' from the first sentence.
    The revision reads as follows:

Sec.  102-118.555  Can a TSP file a supplemental claim?

* * * * *

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 [email protected].

0
32. Amend Sec.  102-118.565 by:
0
a. Revising the section heading; and
0
b. Removing ``An administrative claim'' and adding ``A claim'' in its 
place.
    The revision reads as follows:

Sec.  102-118.565  What documentation is required when filing a claim?

* * * * *

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 (https://tams.gsa.gov) or email to [email protected].

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. Revise Sec.  102-118.630 to read as follows:

Sec.  102-118.630  How must a TSP refund amounts due to GSA?

    (a) TSPs must promptly refund amounts due to GSA, preferably via 
TAMS or by ACH. If an ACH is not used, checks must be made payable to 
the ``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 https://www.gsa.gov/transaudits.
    (b) If an ACH address is needed, visit https://www.gsa.gov/transaudits (Accounts and Collections web page) or contact the GSA 
Transportation Audits Division via email at: 
[email protected].

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 https://tams.gsa.gov or via email to 
[email protected].

[FR Doc. 2024-27552 Filed 11-25-24; 8:45 am]
BILLING CODE 6820-14-P
```