102-118.90 If my agency orders transportation and/or transportation services with a Government contractor issued charge card or charge account citation, is this subject to prepayment audit? 102-118.91 May my agency authorize the use of cash?

102-118.92 How does my agency handle receipts, tickets or other records of cash payments?

102-118.95 What forms can my agency use to

pay transportation bills?

102-118.100 What must my agency ensure is on each SF 1113?

102-118.105 Where can I find the rules governing the use of a Government Bill of Lading?

102-118.110 Where can I find the rules governing the use of a Government Transportation Request?

102-118.115 Must my agency use a GBL? 102-118.120 Must my agency use a GTR? 102-118.125 What if my agency uses a TD other than a GBL?

102-118.130 Must my agency use a GBL for express, courier, or small package shipments?

102-118.135 Where are the mandatory terms and conditions governing the use of bills of lading?

102-118.140 What are the major mandatory terms and conditions governing the use of GBLS and bills of lading?

102-118.145 Where are the mandatory terms and conditions governing the use of passenger transportation documents? 102-118.150 What are the major mandatory terms and conditions governing the use of passenger transportation documents? 102-118.155 How does my agency handle sup

plemental billings from the TSP after payment of the original bill?

102-118.160 Who is liable if my agency makes an overpayment on a transportation bill?

102-118.190 When buying passenger transportation, must my agency reference the applicable contract? 102-118.195 What documents must a trans

portation service provider (TSP) send to receive payment for a transportation billing?

102-118.196 What does the TSP do with unused tickets (E-ticket or paper ticket)? 102-118.200 Can a TSP demand advance pay

ment for the transportation charges submitted on a bill of lading (including GBL)?

102-118.205 May my agency pay a subcontractor or agent functioning as a warehouseman for the TSP providing service under the bill of lading?

102-118.210 May my agency use bills of lading other than the GBL for a transportation shipment?

102-118.215 May my agency pay a TSP any

extra fees to pay for the preparation and use of the GBL or GTR?

102-118.220 If a transportation debt is owed to my agency by a TSP because of loss or damage to property, does my agency report it to GSA?

102-118.225 What constitutes final receipt of shipment? 102-118.230 What if my agency creates or eliminates a field office approved to prepare transportation documents?

AGENCY RESPONSIBILITIES WHEN USING GOVERNMENT BILLS OF LADING (GBLS) OR GOVERNMENT TRANSPORTATION REQUESTS (GTRS)

102-118.235 Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers?

102-118.240 How does my agency get GBL and GTR forms?

102-118.245 How does my agency get an assigned set of GBL or GTR numbers? 102-118.250 Who is accountable for the issuance and use of GBL and GTR forms? 102-118.255 Are GBL and GTR forms numbered and used sequentially?

QUOTATIONS, TENDERS OR CONTRACTS 102-118.260 Must my agency send all quotations, tenders, or contracts with a TSP to GSA?

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

Subpart D-Prepayment Audits of
Transportation Services

AGENCY REQUIREMENTS FOR PREPAYMENT

AUDITS

102-118.265 What is a prepayment audit? 102-118.270 Must my agency establish a prepayment audit program?

102-118.275 What must my agency consider when designing and implementing a prepayment audit program?

102-118.280 What advantages does the prepayment audit offer my agency? 102-118.285 What options for performing a

prepayment audit does my agency have? 102-118.290 Must every electronic and paper transportation bill undergo a prepayment audit?

102-118.295 What are the limited exceptions to every bill undergoing a prepayment audit?

102-118.300 How does my agency fund its prepayment audit program? 102-118.305 Must my agency notify the TSP of any adjustment to the TSP's bill? 102-118.310 Must my agency prepayment

audit program establish appeal procedures whereby a TSP may appeal any reduction in the amount billed? 102-118.315 What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute?

102-118.320 What information must be on transportation bills which have completed my agency's prepayment audit?

MAINTAINING AN APPROVED PROGRAM 102-118.325 Must I get approval for my agency's prepayment audit program? 102-118.330 What are the elements of an acceptable prepayment audit program? 102-118.335 What does the GSA Audit Division consider when verifying an agency prepayment audit program?

102-118.340 How does my agency contact the GSA Audit Division?

102-118.345 If my agency chooses to change an approved prepayment audit program, does the program need to be re-approved? LIABILITY FOR CERTIFYING AND DISBURSING OFFICERS

102-118.350 Does establishing a prepayment

audit system or program change the responsibilities of the certifying officers? 102-118.355 Does a prepayment audit waiver, change any liabilities of the certifying officer?

102-118.360 What relief from liability is available for the certifying official under a postpayment audit? 102-118.365 Do the requirements of a prepayment audit change the disbursing official's liability for overpayment?

102-118.370 Where does relief from prepayment audit liability for certifying, accountable, and disbursing officers reside in my agency?

WAIVERS FROM MANDATORY PREPAYMENT

AUDIT

102-118.375 Who has the authority to grant a waiver of the prepayment audit requirement?

102-118.415 Will the widespread mandatory use of prepayment audits eliminate postpayment audits?

102-118.420 Can the Administrator of Gen

eral Services waive the postpayment auditing provisions of this subpart? 102-118.425 Is my agency allowed to perform a postpayment audit on our transportation bills?

102-118.430 What information must be on my

agency's transportation bills submitted for a postpayment audit?

102-118.435 What procedures does GSA use to perform a postpayment audit? 102-118.440 What are the postpayment audit responsibilities and roles of the GSA Audit Division?

102-118.445 Must my agency pay for a postpayment audit when using the GSA Audit Division?

Subpart F-Claims and Appeal Procedures GENERAL AGENCY INFORMATION FOR ALL

CLAIMS

102-118.450 Can a TSP file a transportation claim against my agency?

102-118.445 What is the time limit for a TSP

to file a transportation claim against my agency?

102-118.460 What is the time limit for my agency to file a court claim with a TSP for freight charges, reparations, and loss or damage to the property? 102-118.465 Must my agency pay interest on a disputed amount claimed by a TSP? 102-118.470 Are there statutory time limits for a TSP on filing an administrative claim with the GSA Audit Division? 102-118.475 Does interest apply after certification of payment of claims?

102-118.480 How does my agency settle disputes with a TSP?

102-118.485 Is there a time limit for my agency to issue a decision on disputed claims?

102-118.490 What if my agency fails to settle a dispute within 30 days?

102-118.495 May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)?

102-118.500 How does my agency handle a voluntary refund submitted by a TSP? 102-118.505 Must my agency send a vol

untary refund to the Treasurer of the United States?

102-118.510 Can my agency revise or alter a

GSA Form 7931, Certificate of Settlement?

102-118.515 Does my agency have any recourse not to pay a Certificate of Settlement?

102-118.520 Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency?

102-118.525 What are my agency's responsibilities the for verifying correct

amount of transportation charges? 102-118.530 Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?

102-118.535 Are there principles governing my agency's TSP debt collection procedures?

102-118.540 Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?

TRANSPORTATION SERVICE PROVIDER (TSP) FILING REQUIREMENTS

102-118.545 What information must a TSP claim include?

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

102-118.555 Can a TSP file a supplemental administrative claim?

102-118.560 What is the required format that a TSP must use to file an administrative claim?

102-118.565 What documentation is required when filing an administrative claim? TRANSPORTATION SERVICE PROVIDER (TSP) AND AGENCY APPEAL PROCEDURES FOR PREPAYMENT AUDITS

102-118.570 If my agency denies the TSP's challenge to the Statement of Difference, may the TSP appeal? 102-118.575 If a TSP disagrees with the deci

sion of my agency, can the TSP appeal? 102-118.580 May a TSP appeal a prepayment audit decision of the GSA Audit Division?

102-118.585 May a TSP appeal a prepayment audit decision of the GSBCA?

102-118.590 May my agency appeal a prepay

ment audit decision of the GSA Audit Division?

102-118.595 May my agency appeal a prepayment audit decision by the GSBCA?

TRANSPORTATION SERVICE PROVIDER (TSP) AND AGENCY APPEAL PROCEDURES FOR POSTPAYMENT AUDITS

102-118.600

When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?

102-118.605 What if a TSP disagrees with the Notice of Indebtedness?

102-118.610 Is a TSP notified when GSA allows a claim?

102-118.615 Will GSA notify a TSP if they internally offset a payment? 102-118.620 How will a TSP know if the GSA Audit Division disallows a claim? 102-118.625 Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?

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

102-118.635 Can the Government charge interest on an amount due from a TSP? 102-118.640 If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?

102-118.645 Can a TSP file an administrative claim on collection actions? 102-118.650

Can a TSP request a review of a settlement action by the Administrator of General Services?

102-118.655 Are there time limits on a TSP request for an administrative review by the GSBCA?

102-118.660 May a TSP appeal

a the

a

my agency appeal audit decision by the

TRANSPORTATION SERVICE PROVIDER (TSP) NON-PAYMENT OF A CLAIM

102-118.670 If a TSP cannot immediately pay a debt, can they make other arrangements for payment?

102-118.675 What recourse does my agency have if a TSP does not pay a transportation debt?

AUTHORITY: 31 U.S.C. 3726; and 40 U.S.C. 481,

et seq.

SOURCE: 65 FR 24569, Apr. 26, 2000, unless otherwise noted.

Subpart A-General

INTRODUCTION

§ 102-118.5 What is the purpose of this part?

The purpose of this part is to interpret statutes and other policies that assure that payment and payment mechanisms for agency transportation services are uniform and appropriate. This part communicates the policies clearly to agencies and transportation service providers (TSPs). (See §102118.35 for the definition of TSP.)

§ 102-118.10 What is a transportation audit?

A transportation audit is a thorough review and validation of transportation related bills. The audit must examine the validity, propriety, and conformity of the charges with tariffs, quotations, agreements, or tenders, as appropriate. Each agency must ensure that its internal transportation audit procedures prevent duplicate payments and only allow payment for authorized services, and that the TSP's bill is complete with required documentation.

§ 102-118.15 What is a transportation payment?

A transportation payment is a payment made by an agency to a TSP for the movement of goods or people and/or transportation related services.

§ 102-118.20 Who is subject to this part?

All agencies and TSPS defined in §102-118.35 are subject to this part. Your agency is required to incorporate this part into its internal regulations. § 102-118.25 Does GSA still require my agency to submit its overall transportation policies for approval? GSA no longer requires your agency to submit its overall transportation policies for approval. However, as noted in § 102-118.325, agencies must submit their prepayment audit plans for approval. In addition, GSA may from time to time request to examine your agency's transportation policies to verify the correct performance of the prepayment audit of your agency's transportation bills.

§ 102-118.30 Are Government corporations bound by this part?

No, Government corporations are not bound by this part. However, they may choose to use it if they wish.

DEFINITIONS

§ 102-118.35 What definitions apply to this part?

The following definitions apply to this part:

Agency, as used in this part, means a department, agency, or instrumentality of the United States Government.

Agency claim means any demand by an agency upon a TSP for the payment of overcharges, ordinary debts, fines, penalties, administrative fees, special charges, and interest.

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. It is also a contract of carriage when movement is under 49 U.S.C. 10721 and 49 U.S.C. 13712.

Cash means cash, personal checks, personal charge cards, and travelers checks. Cash may only be used to pay for transportation expenses in extremely limited cases where government payment mechanisms are not available or acceptable.

Document reference number means the unique number on a bill of lading, Government Bill of Lading, Government Transportation Request, or transportation ticket, used to track the movement of shipments and individuals.

EDI signature means a discrete authentication code which serves in place of a paper signature and binds parties to the terms and conditions of a contract in electronic communication.

Electronic commerce means electronic techniques for performing business transactions (ordering, billing, 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.

Electronic data interchange means electronic techniques for carrying out transportation transactions using electronic transmissions of the informa

tion 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.

Electronic funds transfer means any transfer of funds, other than transactions initiated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term includes Automated Clearinghouse transfers, Fed Wire transfers, and transfers made at automatic teller machines and point of sale terminals.

Government Bill of Lading (GBL) means Optional Forms 1103 and 1203, the transportation documents issued by GSA and used as a receipt of goods, evidence of title, and generally a contract of carriage.

charge

Government contractor-issued card means both an individually billed travel card, which the individual is required to pay, and a centrally billed account for paying travel expenses, which the agency is required to pay.

Government Transportation Request (GTR) means Optional Form 1169, the Government document used to buy transportation services. The document normally obligates the Government to pay for the transportation services provided.

Offset means agency use of money owed by the agency to a transportation service provider (TSP) to cover a previous debt incurred to the agency by the TSP.

Ordinary debt means an amount that a TSP owes an agency other than for the repayment of an overcharge. Ordinary debts include, but are not limited to, payments for transportation services ordered and not provided (including unused transportation tickets), duplicate payments, and amounts for which a TSP is liable because of loss and/or damage to property it transported.

Overcharge means those charges for transportation and travel services that exceed those applicable under the contract for carriage. This also includes charges more than those applicable