Subpart 101-39.4-Accidents and

Claims

Form 91. A complete copy of the accident report shall be forwarded to the appropriate GSA office as outlined in the vehicle operator's packet.

(51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59891, Nov. 26, 1991; 58 FR 65291, Dec. 14, 1993)

g 101–39.400 General.

Officials, employees, and contractors responsible for the operation of General Services Administration (GSA) Interagency Fleet Management System (IFMS) vehicles shall exercise every precaution to prevent accidents. In case of an accident, the employee or official concerned shall comply with the procedures established by this subpart.

(56 FR 59891, Nov. 26, 1991)

101-39.402 Recommendations for dis

ciplinary action. If a vehicle operator fails to report an accident involving a GSA Interagency Fleet Management System (IFMS) vehicle in accordance with $ 101–39.401, or if the operator has a record showing a high accident frequency or cost, GSA will notify the appropriate official(s) of the operator's agency, and will advise that either failure to report an accident or poor driving record is considered by GSA to be sufficient justification for the agency to suspend the right of the employee to use a GSA IFMS vehicle.

[56 FR 59891, Nov. 26, 1991)

§ 101-39.401 Reporting of accidents.

(a) The operator of the vehicle is responsible for notifying the following persons immediately, either in person, by telephone, or by facsimile machine of any accident in which the vehicle may be involved:

(1) The manager of the GSA IFMS fleet management center issuing the vehicle;

(2) The employee's supervisor; and

(3) State, county, or municipal authorities, as required by law.

(b) In addition, the vehicle operator shall obtain and record information pertaining to the accident on Standard Form 91, Motor Vehicle Accident Report. Only one copy of the Standard Form 91 is required. When completed, the Standard Form 91 shall be given to the vehicle operator's supervisor. The vehicle operator shall also obtain the names, addresses, and telephone numbers of any witnesses and, wherever possible, have witnesses complete Standard Form 94, Statement of Witness, and give the completed Standard Form 94 and other related information to his or her supervisor. The vehicle operator shall make no statements as to the responsibility for the accident except to his or her supervisor or to a Government investigating officer.

(c) Whenever a vehicle operator is injured and cannot comply with the above requirements, the agency to which the vehicle is issued shall report the accident to the State, county, or municipal authorities as required by law, notify the GSA IFMS fleet manager of the center issuing the vehicle as soon as possible after the accident, and complete and process Standard

§ 101-39.403 Investigation.

(a) Every accident involving a GSA Interagency Fleet Management System (IFMS) vehicle shall be investigated and a report furnished to the manager of the GSA IFMS fleet management center which issued the vehicle.

(b) The agency employing the vehicle operator shall investigate the accident within 48 hours after the actual time of occurrence. Also, GSA may investigate any accident involving an IFMS vehicle when deemed necessary. Should such investigation develop additional information, the additional data or facts will be furnished to the using agency for its information.

(c) Two copies of the complete report of the investigation, including (when available) photographs, measurements, doctor's certificate of bodily injuries, police investigation reports, operator's statement, agency's investigation reports, witnesses' statements, the Motor Vehicle Accident Report (SF 91), and any other pertinent data shall be furnished to the manager of the GSA IFMS fleet management center issuing the vehicle.

(51 FR 11023, Apr. 1, 1986, as amended at 56 FR 59891, Nov. 26, 1991; 58 FR 65291, Dec. 14, 1993]

8 101-39.404 Claims in favor of the

Government.

When requested, GSA's Regional Counsel will cooperate with and assist the using agency and the Department of Justice in defense of any action against the United States, the using agency, or the operator of the vehicle, arising out of the use of a GSA IFMS vehicle.

(56 FR 59891, Nov. 26, 1991)

Whenever there is any indication that a party other than the operator of the GSA Interagency Fleet Management System (IFMS) vehicle is at faul and that party can be reasonably identified, the agency responsible for investigating the accident shall submit all original documents and data pertaining to the accident and its investigation to the servicing GSA IFMS fleet management center. The GSA IFMS regional fleet manager, or his/her representative, will initiate the necessary action to effect recovery of the Government's claim.

(56 FR 59891, Nov. 26, 1991)

§ 101-39.405 Claims against the Gov

ernment

(a) Whenever a GSA Interagency Fleet Management System (IFMS) vehicle is involved in an accident resulting in damage to the property of, or injury to, a third party, and the third party asserts a claim against the Government based on the alleged negligence of the vehicle operator (acting within the scope of his or her duties), it shall be the responsibility of the agency employing the person who was operating the GSA IFMS vehicle at the time of the accident to make every effort to settle the claim administratively to the extent that the agency is empowered to do so under the provisions of 28 U.S.C. 2672. It shall be the further responsibility of the agency, in the event that administrative settlement cannot be effected, to prepare completely, from an administrative standpoint, the Government's defense of the claim. The agency shall thereafter transmit the complete through appropriate channels to the Department of Justice.

(b) Except for the exclusions listed in 8101–39.406, the agency employing the vehicle operator shall be financially responsible for damage to a GSA IFMS vehicle.

(c) If a law suit is filed against the agency using a GSA Interagency Fleet Management System (IFMS) vehicle, the agency shall furnish the appropriate GSA Regional Counsel with a copy of all papers served in the action.

g 101-39.406 Responsibility for dam

ages. (a) GSA will charge the using agency all costs resulting from damage, including vandalism, theft, and parking lot damage, to a GSA Interagency Fleet Management System (IFMS) vehicle which occurs during the period that the vehicle is assigned or issued to that agency, to an employee of that agency, or to the agency's authorized contractor; however, the using agency will not be held responsible for damages to the vehicle if it is determined by GSA, after a review on a case by case basis of the documentation required by $ 101–39.401, that damage to the vehicle occurred:

(1) As a result of the negligent or willful act of a party other than the agency (or the employee of that agency) to which the vehicle was assigned or issued and the identity of the party can be reasonably determined;

(2) As a result of mechanical failure of the vehicle, and the using agency (or its employee) is not otherwise negligent. Proof of mechanical failure must be submitted; or

(3) As a result of normal wear and tear such as is expected in the operation of a similar vehicle.

(b) Agencies using GSA IFMS services will be billed for the total cost of all damages resulting from neglect or abuse of assigned or issued GSA IFMS vehicles.

(c) If an agency is held responsible for damages, GSA will charge to that agency all costs for removing and repairing the GSA IFMS vehicle. If the vehicle is damaged beyond economical repair, GSA will charge all costs to that agency, including fair market value of the vehicle less any salvage value. Upon request, GSA will furnish an accident report, where applicable, regarding the incident to the agency. Each agency shall be responsible for disciplining its employees who are

case

reaus. GSA regional offices will provide support to requesting activities needing forms.

(56 FR 59892, Nov. 26, 1991)

PART 101-40-TRANSPORTATION AND TRAFFIC MANAGEMENT

Sec. 101-40.000 Scope of part. 101-40.001 Definitions.

guilty of damaging GSA IFMS vehicles through misconduct or improper operation, including inattention.

(d) If an agency has information or facts that indicate that it was not responsible for an accident, the agency may furnish the data to GSA requesting that costs charged to and collected from it be credited to the agency. GSA will make the final determination of agency responsibility based upon Government findings, police accident reports, and any available witness statements.

(e) When contractors or subcontractors of using agencies are in accidents involving GSA IFMS vehicles, the agency employing the contractor will usually be billed directly for all costs associated with the accident. It will be the responsibility of the using agency to collect accident costs from the contractor should the contractor be at fault.

Subpart 101-40.1-General Provisions

(56 FR 59892, Nov. 26, 1991)

8 101–39.407 Accident records.

If GSA's records of vehicle accidents indicate that a particular activity has had an unusually high accident frequency rate or a high accident cost per mile, GSA will so advise the using activity. Corrective action will be requested and GSA will cooperate in any reasonable manner possible to bring about improved performance.

101-40.101 Transportation assistance. 101-40.101-1 Freight transportation manage

ment assistance. 101-40.101-2 GSA transportation and traffic

management liaison. 101-40.102 Representation before regulatory

bodies. 101-40.103 Selection of carriers. 101-40.103-1 Domestic transportation. 101-40.103—2 International transportation. 101-40.103-3 Coastwise transportation. 101-40.104 Insurance against transportation

hazards. 101-40.105 Use of Government-owned trans

portation equipment. 101-40.106 Reports. 101-40.107 Surveys. 101-40.108 Transportation seminars and

workshops. 101-40.109 Availability of transportation-re

lated contracts and agreements. 101-40.109-1 Miscellaneous transportation

related contracts and agreements. 101-40.109–2 Office relocation contracts. 101-40.109_3 Mandatory use of transpor

tation-related contracts and agreements. 101-40.110 Assistance to economically dis

advantaged transportation businesses. 101-40.110_1 Small business enterprises. 101-40.110-2 Minority business enterprises. 101-40.110-3 Women-owned business enter

prises. 101-40.111 Maintenance of tariff files. 101-40.112 Transportation factors in the lo

cation of Government facilities. 101-40.113 (Reserved)

Subparts 101-39.5-101-39.48

[Reserved]

Subpart 101-39,49-Forms

§ 101–39.4900 Scope of subpart.

This subpart provides the means for obtaining forms prescribed or available for use in connection with subject matter covered in part 101–39.

Subpart 101-40.2–Centralized Household

Goods Traffic Management Program

(56 FR 59892, Nov. 26, 1991)

§ 101-39.4901 Obtaining standard and

optional forms. Standard and optional forms referenced in part 101–39 may be obtained through the General Services Administration, Inventory and Requisition Management Branch, Attn: FCNI, Washington, DC 20406, or through regional GSA Federal Supply Service Bu

101-40.200 Scope of subpart. 101-40.201 Applicability. 101-40.202 The General Services Administra

tion household goods tender of service

(TOS) agreement. 101-40.203 Household goods movement pro

cedures. 101-40.203–1 Household goods rate tenders. 101-40.203-2 The GBL method. 101-40.203_3 The commuted rate system. 101-40.2034 Cost comparisons.

101-40.4101 General. 101-40.410-2 Causes for suspension.

Subparts 101-40.5–101-40.6 [Reserved)

101-40.204 Carrier selection and distribution

of shipments. 101-40.205 Quality control. 101-40.206 Household goods carriers' liabil

ity. 101-40.207 Household goods loss and damage

claims. 101-40.208 Temporary nonuse, debarment, or

suspension of household goods carriers.

Subpart 101-40.7-Reporting and Adjusting Discrepancies in Goverment Shipments

Subpart 101-40.3-Rates, Routes, and

Services

101-40.300 Scope of subpart. 101-40.301 GSA rate and routing services. 101-40.302 Standard routing principle. 101-40.303 Application of the standard rout

ing principle. 101-40.303–1 Service requirements. 101-40.303-2 Aggregate delivered costs. 101-40.3033 Most fuel efficient carrier/mode. 101-40.3034 Equitable distribution of traffic

among carriers. 101-40.304 Description of property for ship

ment. 101-40.305 Transportation negotiations. 101-40.305-1 Negotiations by GSA. 101-40.305–2 Cost analysis required on sub

stantial movements. 101–40.305-3 Negotiations by other executive

agencies. 101-40.306 Rate tenders to the Government. 101-40.306-1 Recommended rate tender for

mat. 101-40.306–2 Required shipping documents

and annotations. 101-40.306-3 Distribution. 101-40.306-4 Bill of lading endorsements.

101-40.700 Scope of subpart. 101-40.701 Receipt of shipment from carrier. 101-40.702 Documenting and reporting dis

crepancies. 101-40.702–1 Exception on carrier's delivery

receipt. 101-40.702–2 Discrepancies in Government

bill of lading shipments. 101-40.702-3 Preparation of a discrepancy re

port. 101-40.703 Notification of carrier. 101-40.703–1 [Reserved] 101-40.703–2 Notice of visible loss, damage,

or shortage. 101-40.703-3 Notice of concealed loss, dam

age, or shortage, 101-40.704 Disposition of damaged property. 101-40.704-1 Transportation for account of

the Government. 101-40.704–2 Transportation for account of

the supplier. 101-40.705 Disposition of

overages and astray or misconsigned shipments. 101-40.706 (Reserved] 101-40.707 Determining liability for discrep

ancies. 101-40.707–1 Transportation for account of

the supplier. 101-40.707—2 Transportation for account of

the Government. 101-40.708 (Reserved) 101-40.709 Time limitations for filing

claims. 101-40.710 Processing claims against car

riers. 101-40.711 Collection of claims. 101-40.711-1 Claims against domestic car

riers. 101-40.711-2 Claims against ocean and inter

national air carriers. 101-40.712 Referral of loss and damage

claims to the General Accounting Office

or to the Department of Justice. 101-40.713 Clearing carriers of liability.

Subpart 101-40.4-Temporary Nonuse, Debamment, and Suspension of Carriers

101-40.400 Scope of subpart. 101-40.401 Policy. 101-40.402 General. 101-40.403 Definitions. 101-40.404 Maintenance of a list of tem

porary nonuse, debarred, or suspended

carriers. 101-40.404–1 Listing temporary nonuse car

riers. 101-40.404–2 Listing debarred or suspended

carriers. 101-40.404-3101-40.404–5 [Reserved] 101-40.405 Agency records. 101-40.406 Treatment to be accorded

debarred or suspended carriers. 101-40.407 Agency coordination. 101-40.408 Temporary nonuse. 101-40.408-1 General. 101-40.408–2 Causes for temporary nonuse. 101-40.408-3 Procedures. 101-40.408 4 Period of temporary nonuse. 101-40.409 Debarment. 101-40.409-1 General. 101-40.409-2 Causes for debarment. 101-40.410 Suspension.

Subparts 101-40.8—101-40.48 [Reserved)

Subpart 101-40.49–Forms

101-40.4900 Scope of subpart. 101-40.4901 Standard forms; availability. 101-40.4901-361-1 Guidelines for preparation

of Standard Form 361, Transportation

Discrepancy Report (Rev. 3-84). 101-40.4902 GSA forms; availability. 101-40.4903 Optional forms; availability.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).