17618 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices

DEPARTMENT OF DEFENSE

Department of the Army

Problems in Tender Filing—New Policy

AGENCY: Military Traffic Management

Command, DOD.

ACTION: Notice of New Policy.

SUMMARY: MTMC is establishing a

policy governing carrier’s responsibility

for tender filings. This policy gives

MTMC authority to reject and correct

mistakes in rate tender filings, and

provides carriers with rate filing

procedures for correcting mistakes in

rate. This policy was published 59 FR

55460, 7 November 1994, for comments

by December 15, 1994. No comments

were received.

DATES: The new policy will be effective

May 15, 1995, in all new MTMC NonGuaranteed Traffic (GT) solicitations

and all new GT solicitations advertised

in the Commerce Business Daily.

ADDRESSES: Headquarters, Military

Traffic Management Command, ATTN:

MTOP–T–ND, Room 621, 5611

Columbia Pike, Falls Church, VA

22041–5050.

FOR FURTHER INFORMATION CONTACT:

Ms. Barbara McGinnis, MTOP–T–ND,

(703) 756–1103.

SUPPLEMENTARY INFORMATION: The policy

will be included as an enclosure to all

future MTMC Guaranteed and Non GT

freight solicitations after May 15, 1995.

Problems in Tender Filings

1. Authority. As indicated in the

solicitation, the Assistant Deputy Chief

of Staff for Operations-Transportation

Services retains the authority to reject

and correct mistakes in rate tender

filings.

2. Procedures for Filing Tenders.

a. General.

(1) Carriers are solely responsible to

ensure tender submissions are legible

and typed. Handwritten or illegibly

typed submissions or submissions

having typed strikeovers will be

returned as being nonresponsive.

(2) If a rate(s), if applicable, is

omitted, the tender submission will be

returned as being nonresponsive.

(3) If a minimum charge(s), if

applicable, is omitted, the tender

submission will be returned as being

nonresponsive. If a carrier does not

want to make a minimum charge, if

applicable, that carrier must insert a

‘‘0’’. Tender submission will be returned

as being nonresponsive for failure of

carrier to insert a ‘‘0’’.

(4) Tenders containing material

alterations shall be rejected as

nonresponsive and shall be returned to

the carrier.

b. Carrier Responsibility for Tender

Filings. Carriers are solely responsible

for the proper preparation, accuracy,

and timely submission of their tenders.

Carriers are responsible for establishing

quality control procedures that will

include review of tenders prior to their

submission to Headquarters, Military

Traffic Management Command. Tenders

found to contain errors such as

typographical may be granted relief

based on justification in support of

alleged errors.

c. Administrative Errors.

Administrative errors which can be

corrected include, but are not limited to,

mistakes in the following:

(1) Carrier street address and Standard

Carrier Alpha Code.

(2) Carrier telephone number.

(3) Mode, if applicable.

(4) Tender number or series.

(5) Interstate Commerce Commission,

and/or intrastate operating authority

certificate number.

(6) Typed name of company official

authorized to submit rates, address, and

telephone number. Tender submission

will be returned as being nonresponsive

for failure of a carrier to sign its tender.

(7) Tender and rate sheet not

corresponding that can be evaluated on

an equal basis with other carriers. If a

rate sheet varies the material terms (e.g.,

change in rate qualifier, mileage groups,

or minimum weights) of the solicitation

so that the rates cannot be evaluated on

an equal basis with other carriers, the

tender submission will be returned as

being nonresponsive.

(8) Failure to submit the required

number of original signature copies of

the rate tender.

(9) Failure of the carrier to submit a

properly signed and executed Certificate

of Independent Pricing with tender

submission.

3. Mistakes in Rate Filing Procedures

(MIRF).

a. General.

(1) Carriers discovering a mistake(s)

before bid closing time can correct such

mistake(s) by submission of a new

tender prior to closing. The last tender

received before closing governs.

Identification of a rate error(s) in a bid

submission after opening may be

initiated by either HQMTMC or in

writing by the carrier. After opening,

carriers may either withdraw or seek to

correct rate error(s).

(2) Correction is allowed for clerical

error(s) where the intended rate is

obvious from the bid submission itself,

as in the case of misplaced decimal.

(3) Correction is allowed in other

cases (except in the case of a downward

correction which would displace a low

bidder) only if the carrier proves the

mistake and the rate actually intended

by providing HQMTMC (MTOP–T–N)

clear and convincing written evidence.

If the evidence supports the existence of

the mistake, but not the rate actually

intended, the carrier will be permitted

to withdraw its tender (or MTMC will

reject it). Carriers must submit evidence

to arrive HQMTMC (MTOP–T–N)

within a reasonable time after

notification by MTMC of a suspected

mistake.

(4) Where a downward correction

would displace a low bidder, it is

permitted only if the mistake and the

intended rate can be determined from

the solicitation and the tender itself.

b. Evidence. The following evidence

must, at a minimum, be submitted by

the carrier when the carrier seeks to

correct a mistake in rate other than a

clerical error(s):

(1) Original source documents

pertinent to the error, including, but not

limited to, working papers, spread

sheets, transcription sheets, adding

machine tapes, tariffs, cost data sheets,

memorandum for records, written

procedural guidance in determining rate

levels, internal rate printouts, and other

such papers which will provide a clear

audit trail for tracing the mistake.

(2) Other documents deemed by the

carrier to be relevant to error validation

can also be used as evidence.

(3) To protect their interests, carriers

are encouraged to retain original source

data until it is certain that no further use

for it exists.

4. Rate Errors. Rate regression

mistakes may be considered for relief

under the MIRF procedure. Correction

of rate regression mistakes cannot affect

other rates already in normal regression.

Two examples of correctable rate

regression mistakes are shown below:
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Notices 17619

Example 1:

Mileage

Minimum weights

1,000 2,000 5,000 10,000 20,000

100 or less ................................................................................................ $9.60 $4.80 $1.92 $1.20 $.90

101 to 200 ................................................................................................ 9.60 4.80 1.92 1.20 .90

201 to 300 ................................................................................................ 14.30 7.15 2.86 3.00 1.50

301 to 400 ................................................................................................ 21.90 10.95 4.38 3.09 1.55

The error in the above example is the underlined rate which is not in proper rate regression for the higher minimum

weight. It can be corrected without affecting the regression for the mileage groups. If the carrier intended a different

rate, the carrier may seek correction under the MIRF procedure, provided that the intended rate itself falls within

normal regression.

Example 2:

Mileage

Minimum weights

200 500 1,000 2,000 5,000

400 or less ................................................................................................ $400 $160 $100 $30 $24

401 to 500 ................................................................................................ 400 160 100 30 24

501 to 600 ................................................................................................ 4 160 100 30 24

601 to 700 ................................................................................................ 400 160 100 30 24

The error in the above example is the underlined rate which is not in proper rate regression for lower distance.

It can be corrected without affecting the regression for the minimum weight groups.

Kenneth L. Denton,

Army Federal Register Liaison Officer.

[FR Doc. 95–8441 Filed 4–5–95; 8:45 am]

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