§ 102-118.125 What if my agency uses a TD other than a GBL? If your agency uses any other TD for shipping under its account, the requisite and the named safeguards must be in place (i.e., terms and conditions found herein and in the "U.S. Government Freight Transportation-Handbook," appropriate numbering, etc.). a § 102-118.130 Must my agency use GBL for express, courier, or small package shipments? No, however, in using commercial forms all shipments must be subject to the terms and conditions set forth for use of a bill of lading for the Government. Any other non-conflicting applicable contracts or agreements between the TSP and an agency involving buying transportation services for Government traffic remain binding. This purchase does not require a SF 1113. When you are using GSA's schedule for small package express delivery, the terms and conditions of that contract are binding. § 102-118.135 Where are the mandatory terms and conditions governing the use of bills of lading? The mandatory terms and conditions governing the use of bills of lading are contained in this part and the "U.S. Government Freight Transportation Handbook." § 102-118.140 What are the major mandatory terms and conditions governing the use of GBLs and bills of lading? The mandatory terms and conditions governing the use of GBLS and bills of lading are: (a) Unless otherwise permitted by statute and approved by the agency, the TSP may not demand prepayment or collect charges from the consignee. The TSP, providing service under the bill of lading, must present a legible copy of the bill of lading or an original, properly certified GBL attached to Standard Form (SF) 1113, Public Voucher for Transportation Charges, to the paying office for payment; (b) The shipment must be made at the restricted or limited valuation specified in the tariff or classification or limited contract, arrangement or ex emption at or under which the lowest rate is available, unless indicated on the GBL or bill of lading. (This is commonly referred to as an alternation of rates); (c) Receipt for the shipment is subject to the consignee's annotation of loss, damage, or shrinkage on the delivering TSP's documents and the consignee's copy of the same documents. If loss or damage is discovered after delivery or receipt of the shipment, the consignee must promptly notify the nearest office of the last delivering TSP and extend to the TSP the privilege of examining the shipment; (d) The rules and conditions governing commercial shipments for the time period within which notice must be given to the TSP, or a claim must be filed, or suit must be instituted, shall not apply if the shipment is lost, damaged or undergoes shrinkage in transit. Only with the written concurrence of the Government official responsible for making the shipment is the deletion of this item considered to valid; (e) Interest shall accrue from the voucher payment date on the overcharges made and shall be paid at the same rate in effect on that date as published by the Secretary of the Treasury pursuant to the Debt Collection Act of 1982 31 U.S.C. 3717); and (f) Additional mandatory terms and conditions are in this part and the "U.S. Government Freight Transportation-Handbook." [65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57619, Sept. 24, 2004] § 102-118.145 Where are the mandatory terms and conditions governing the use of passenger transportation documents? The mandatory terms and conditions governing the use of passenger transportation documents are contained in this part and the "U.S. Government Passenger book." Transportation-Hand §102-118.150 What are the major mandatory terms and conditions governing the use of passenger transportation documents? The mandatory terms and conditions governing the use of passenger transportation documents are: (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. This should be done by entering the term "lowest coach" on the Government travel document if the specific fare basis is not known; (b) The U.S. Government is not responsible for charges exceeding those applicable to the type, class, or character authorized in transportation documents; (c) The U.S. Government contractorissued charge card must be used to the maximum extent possible to procure passenger transportation tickets. GTRS must be used minimally; (d) Government passenger transportation documents must be in accordance with Federal Travel Regulation Chapters 300 and 301 (41 CFR chapters 300 and 301), and the "U.S. Government Passenger Transportation—Handbook"; (e) Interest shall accrue from the voucher payment date on overcharges made hereunder and shall be paid at the same rate in effect on that date as published by the Secretary of the Treasury pursuant to the Debt Collection Act of 1982; (f) The TSP must insert on the TD any known dates on which travel commenced; (g) The issuing official or traveler, by signature, certifies that the requested transportation is for official business; (h) The TSP must not honor any request containing erasures or alterations unless the TD contains the authentic, valid initials of the issuing official; and (i) Additional mandatory terms and conditions are in this part and the "U. S. Government Passenger Transportation-Handbook." § 102-118.155 How does my agency handle_supplemental billings from the TSP after payment of the original bill? Your agency must process, review, and verify supplemental billings using the same procedures as on an original billing. If the TSP disputes the findings, your agency must attempt to resolve the disputed amount. § 102-118.160 Who is liable if my agency makes an overpayment on a transportation bill? If the agency conducts prepayment audits of its transportation bills, agency transportation certifying and disbursing officers are liable for any overpayments made. If GSA has granted a waiver to the prepayment audit requirement and the agency performs a postpayment audit (31 U.S.C. 3528 and 31 U.S.C. 3322) neither the certifying nor disbursing officers are liable for the reasons listed in these two cited statutes. § 102-118.165 What must my agency do if it finds an error on a TSP bill? Your agency must advise the TSP via statement of difference of any adjustment that you make either electronically or in writing within 7 days of receipt of the bill, as required by the Prompt Payment Act (31 U.S.C. 3901, et seq.). This notice must include the TSP's taxpayer identification number, standard carrier alpha code, bill number and document reference number, agency name, amount requested by the TSP, amount paid, payment voucher number, complete tender or tariff authority, the applicable rate authority and the complete fiscal authority including the appropriation. § 102-118.170 Will GSA continue to maintain a centralized numbering system for Government transportation documents? Yes, GSA will maintain a numbering system for GBLS and GTRS. For commercial TDs, each agency must create a unique numbering system to account for and prevent duplicate numbers. The GSA Audit Division must approve this system. Write to: General Services Administration Audit Division (FBA) 1800 F Street, NW. Washington, DC 20405 www.gsa.gov/transaudits [65 FR 24569, Apr. 26, 2000, as amended at 69 FR 57620, Sept. 24, 2004] Subpart C-Use of Government Billing Documents TERMS AND CONDITIONS GOVERNING ACCEPTANCE AND USE OF A GOVERNMENT BILL OF LADING (GBL) OR GOVERNMENT TRANSPORTATION REQUEST (GTR) (UNTIL FORM RETIREMENT) § 102-118.175 Must my agency prepare for GBL retirement? Yes, your agency must prepare for retirement of the paper GBL. Effective September 30, 2001, your agency must have phased out use of Standard Form (SF) 1103, Government Bill of Lading, and OF 1203, Privately Owned Personal Property Government Bill of Lading (PPGBL) for domestic shipments. Effective September 30, 2001, your agency may use the GBL or PPGBL solely for international shipments (including domestic overseas shipments). [69 FR 57619, Sept. 24, 2004] § 102-118.180 Must my agency prepare for the GTR retirement? Yes, your agency must use the GTR only in situations that do not lend themselves to the use of commercial payment methods. § 102-118.185 When buying freight transportation, must my agency reference the applicable contract or tender on the bill of lading (including a GBL)? Yes, your agency must reference the applicable contract or tender when buying transportation on a bill of lading (including GBLS). However, the referenced information on a GBL or bill of lading does not limit an audit of charges. § 102-118.190 When buying passenger transportation must my agency reference the applicable contract? Yes, when buying passenger transportation, your agency must reference the applicable contract on a GTR or pas senger transportation document (e.g., ticket). § 102-118.195 What documents must a transportation service provider (TSP) send to receive payment for a transportation billing? For shipments bought on a TD, the TSP must submit an original properly certified GBL, PPGBL, or bill of lading attached to an SF 1113, Public Voucher for Transportation Charges. The TSP must submit this package and all supporting documents to the agency paying office. § 102-118.196 What does the TSP do with unused tickets (E-ticket or paper ticket)? The TSP must refund the value of the unused tickets (after expiration) to the GSA Audit Division if no Redemption of Unused Tickets (SF 1170) is received. TSPs are required to make such refunds within 90 days after the expiration date. The ticket number and the amount being refunded must be inIcluded in addition to all information pertinent to the refund, including the GTR numbers if applicable. Additional information is in the Government Passenger Transportation Handbook. Refund checks are to made payable to the U.S. Treasury and sent to-General Services Administration, Federal Supply Service, Audit Division (FBA), 1800 F Street, NW., Washington, DC 20405, www.gsa.gov/transaudits. [69 FR 57619, Sept. 24, 2004] § 102-118.200 Can a TSP demand advance payment for the transpor tation charges submitted on a bill of lading (including GBL)? No, a TSP cannot demand advance payment for transportation charges submitted on a bill of lading (including GBL), unless authorized by law. § 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? No, your agency may only pay the TSP with whom it has a contract. The bill of lading will list the TSP with whom the Government has a contract. §102-118.210 May my agency use bills of lading other than the GBL for a transportation shipment? Yes, as long as the mandatory terms and conditions contained in this part (as also stated on a GBL) apply. The TSP must agree in writing to the mandatory terms and conditions (also found in the "U.S. Government Freight Transportation Handbook") contained in this part. §102-118.215 May my agency pay a TSP any extra fees to pay for the preparation and use of the GBL or GTR? No, your agency must not pay any additional charges for the preparation and use of the GBL or GTR. Your agency may not pay a TSP a higher rate than comparable under commercial procedures for transportation bought on a 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? No, if your agency has administratively determined that a TSP owes a debt resulting from loss or damage, follow your agency regulations. §102-118.225 What constitutes final receipt of shipment? Final receipt of the shipment occurs when the consignee or a TSP acting on behalf of the consignee with the agency's permission, fully signs and dates both the delivering TSP's documents and the consignee's copy of the same documents indicating delivery and/or explaining any delay, loss, damage, or shrinkage of shipment. §102-118.230 What if my agency creates or eliminates a field office approved to prepare transportation documents? Your agency must tell the GSA Audit Division whenever it approves a new or existing agency field office to prepare transportation documents or when an agency field office is no longer authorized to do so. This notice must show the name, field office location of the bureau or office, and the date on which your agency granted or canceled its authority to schedule payments for transportation service. 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? Yes, your agency is responsible for the physical control and accountability of the GBL and GTR stock and must have procedures in place and available for inspection by GSA. Your agency must consider these Government transportation documents to be the same as money. § 102-118.240 How does my agency get GBL and GTR forms? Your agency can get GBL and GTR forms, in either blank or prenumbered formats, from: General Services Administration General Products Commodity Center (7FXM- 819 Taylor Street, Room 6A24 Fort Worth, TX 76102 § 102-118.245 How does my agency_get an assigned set of GBL or GTR numbers? If your agency does not use prenumbered GBL and GTR forms, you may get an assigned set of numbers from: General Services Administration General Products Commodity Center (7FXM- 819 Taylor Street, Room 6A24 Fort Worth, TX 76102 § 102-118.250 Who is accountable for the issuance and use of GBL and GTR forms? Agencies and employees are responsible for the issuance and use of GBL and GTR forms and are accountable for their disposition. § 102-118.255 Are GBL and GTR forms numbered and used sequentially? Yes, GBL and GTR forms are always sequentially numbered when printed and/or used. No other numbering of the forms, including additions or changes to the prefixes or additions of suffixes, is permitted. QUOTATIONS, TENDERS OR CONTRACTS § 102-118.260 Must my agency send all quotations, tenders, or contracts with a TSP to GSA? (a) Yes, your agency must send copies of each quotation, tender, or contract of special rates, fares, charges, or concessions with TSPs including those authorized by 49 U.S.C. 10721 and 13712, upon execution to-General Services Administration, Federal Supply Service, Audit Division (FBA), 1800 F Street, NW., Washington, DC 20405, www.gsa.gov/transaudits. (b) Tenders must be submitted electronically, following the instructions provided by the requesting agency. The following information must be submitted with the tender: (1) Issuing TSP, Bureau, Agency or Conference. tion(s) with rate or charge and governing publication. (14) TSP operating authority. (c) The TSP must include a statement that the TSP will adhere and agree to the following general terms and conditions. The services provided in this tender will be performed in accordance with applicable Federal, State and municipal laws and regulations, including Federal Management Regulation parts 102-117 and 102-118 (41 CFR parts 102-117 and 102-118), and the TSP(s) hold(s) the required operating authority to transport the commodity from, to, or between the places specified in the authorized certificates, permits or temporary operating authorities. (d) The TSP shall bill the United States Government on Standard Form (SF) 1113, Public Voucher for Transportation Charges, appropriately completed and supported. The TSP(s) will send bills to the "Bill Charges To" address on the face of the bill of lading or agency-ordering document. (e) The Optional Form (OF) 280, Uniform Tender of Rates and/or Charges for Transportation Services, includes all the provisions of paragraph (c) of this section and is another option to file a tender with the Government. [69 FR 57619, Sept. 24, 2004] Subpart D-Prepayment Audits of Transportation Services AGENCY REQUIREMENTS FOR PREPAYMENT AUDITS § 102-118.265 What is a prepayment audit? on A prepayment audit is a review of a transportation service provider (TSP) bill that occurs prior to your agency making payment to a TSP. This review compares the charges the bill against the charge permitted under the contract, rate tender, or other agreement under which the TSP provided the transportation and/or transportation related services. § 102–118.270 Must my agency establish a prepayment audit program? (a) Yes, under 31 U.S.C. 3726, your agency is required to establish a prepayment audit program. Your agency must send a preliminary copy of your prepayment audit program to: General Services Administration Office of Transportation and Personal Property (MT) 1800 F Street, NW. (b) The final plan must be approved and in place by April 20, 2000. § 102-118.275 What must my agency consider when designing and implementing a prepayment audit program? (a) As shown in §102-118.45, the manner in which your agency orders transportation services determines how and by whom the bill for those services will 0 |