The statutory authority for the Administrator of General Services to participate in regulatory proceedings is contained in section 201 of the Federal Property and Administrative Services Act of 1949, as amended. In general, no executive agency subject to the act may appear on its own behalf in any proceedings before a transportation regulatory body. Representation is either provided by the Administrator or, in certain instances, authority, with the approval of the Administrator, may be delegated to certain officials in the General Services Administration or to the head of another executive agency to represent itself pursuant to section 205(d) of the act (40 U.S.C. 486(d)). (a) With respect to carriers' tariffs, rates, and operating authority, agencies shall submit their requests and recommendation for representation before regulatory bodies to the GSA Central Office for further processing. (b) When a shipper's affidavit in support of a carrier's application for operating authority is required by law, the requesting agencies shall furnish the General Services Administration with such information and the appropriate form(s) as may be prescribed by trans Preferential treatment, normally, shall not be accorded to any commercial mode of transportation (motor, rail, air, or water) or to any particular commercial carrier when arranging for domestic transportation services. However, where for valid reasons, a particular mode of transportation or a particular carrier within that mode must be used to meet specific program requirements and/or limitations, only that mode or carrier shall be considered. Examples of valid reasons for considering only a particular mode or carrier are (a) where only a certain mode of transportation or individual carrier is able to provide the needed service or is able to meet the required delivery date; and (b) where the consignee's installation and related facilities preclude or are not conducive to service by all modes of transportation. (See also § 101.40.303–1.) § 101-40.103-2 International transportation. (See §1-1.323 of this title and 4 CFR 52.2 for a certificate required for nonuse of U.S.-flag vessels or U.S.-flag certificated air carriers.) (a) U.S.-flag ocean carriers. Arrangements for international ocean transportation services by privately owned U.S.-flag vessels shall be made in accordance with the provisions of section 901(b) of the Merchant Marine Act of 1936, as amended by the Cargo Preference Act of 1954, 46 U.S.C. 1241(b). (See also 48 CFR subpart 47.5.) (b) U.S.-flag air carriers. Arrangements for international air transportation services shall be made in accordance with the so-called Fly America Act, as enacted by section 5 of the International Fair Competitive Practices Act of 1974, Public Law 93-623, January 3, 1975, as amended by section 21 of the International Air Transportation Competition Act of 1979, Public Law 96-192, February 15, 1980 (49 U.S.C. As stated in 46 U.S.C. 883, no merchandise shall be transported by water, or by land and water, between points in the United States, including Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under laws of the United States and owned by persons who are citizens of the United States or vessels to which the privilege of engaging in coastwise trade is extended by sections 13 and 808 of title 46 of the United States Code. There are exceptions and limitations to this basic provision, especially with regard to the United States island territories and possessions in the Atlantic and Pacific Oceans. (For example, see 46 U.S.C. 877 relative to the Virgin Islands; 48 U.S.C. 1664 relative to American Samoa; and Presidential Proclamation 3215, December 12, 1957, relative to Canton Island.) Agencies shall comply with the current U.S. coastwise laws and any amendments to them. The Secretary of Treasury is empowered to impose monetary penalties against agencies which violate the coastwise laws. [52 FR 21032, June 4, 1987] § 101-40.104 Insurance against transportation hazards. The policy of the Government with respect to insurance of its property while in the possession of commercial carriers is set forth in 48 CFR 47.102. [52 FR 21032, June 4, 1987] § 101-40.105 Use of Government-owned transportation equipment. Generally, the preferred method of transporting property for the Government is through use of the facilities and services of commercial carriers. However, under certain circumstances, Government vehicles may be used when they are available. They may be used for such purposes as local transfer of property, pickup or delivery services which are not performed by the commercial carriers in connection with the line-haul transportation, transpor tation of property to meet emergencies, and accomplishment of program objectives which cannot be attained through use of commercial carriers. § 101-40.106 Reports. Subject to the provisions of 41 CFR 201-45.6, each executive agency shall submit reports concerning its transportation procedures, practices, and operations to the GSA Central Office when requested. [51 FR 24332, July 3, 1986] § 101-40.107 Surveys. As necessary and after adequate advance notice to the agencies affected, or upon request of agencies, GSA will make onsite surveys of transportation activities and will make recommendations, when necessary, for changes in agencies' policies, standards, practices, and procedures to improve transportation concepts and operations at all levels. § 101-40.108 Transportation seminars and workshops. GSA conducts transportation seminars and workshops for the benefit of executive agency personnel assigned functions relating to the movement of Government materials. The objective of this training is to broaden traffic management knowledge and experience within the agency and to enhance economy of operations. Seminars on the use of socially and economically disadvantaged carriers are conducted by the GSA regional offices in coordination with the GSA Central Office. All other seminars are conducted through GSA Training Center (CTD). GSA regional offices will conduct workshops on transportation subjects designed to meet specific agency needs. Agencies desiring assistance in these matters should direct their requests to the appropriate GSA regional office or to the General Services Administration, GSA § 101-40.109 Availability of transportation-related contracts and agreements. § 101-40.109-1 Miscellaneous transportation-related contracts and agreements. (a) The GSA Central Office or the appropriate GSA regional office will, as considered necessary, enter into agreements or contracts for transportation and related services, including but not limited to stevedoring, storage, drayage, packing, marking, ocean freight forwarding, accessorial services, demurrage, and weighing. (See 41 CFR 101-41.304-2 for the use of commerical forms and procedures instead of Government bills of lading.) These contracts and agreements will be made for and in behalf of all executive agencies. (b) The availability of these contracts and agreements will be announced through GSA bulletins which will outline the specific contractual services and the terms of the agreements. After distribution of these bulletins, GSA will furnish copies of the contracts and agreements to agencies upon request. [45 FR 85752, Dec. 30, 1980, as amended at 51 FR 24332, July 3, 1986] § 101-40.109-2 Office relocation contracts. (a) Prior to entering into office relocation contracts, agencies should ensure they are complying with the provisions of FPMR Temp. Reg. D-73, or reissues thereof. (See 41 CFR appendix to subchapter D.) Compliance assistance may be obtained from the respective regional directors of the GSA Public Buildings Service, Real Estate Division. (b) An agency may either enter into its own office relocation contracts or request the appropriate GSA regional office to enter into office relocation contracts on the agency's behalf. Requests to GSA should be made as soon as possible and at least 120 calendar days before the proposed date of the move for local office relocation moves. The agency shall furnish the GSA such pertinent information concerning the proposed relocation as origin, destination, moving date, an itemized inventory of property to be moved, and the name and telephone number of the agency relocation coordinator. (1) Arrangements for moving services, other than local office relocation moves, will be contracted for using competitive procedures or other appropriate relocation arrangements including Government tenders pursuant to section 10721 of the Interstate Commerce Act (49 U.S.C. 10721). (2) Local office relocation moves must be acquired by contract, since such moves qualify as transportation within "commercial zones or terminal areas" and are excepted from rate regulation by the Interstate Commerce Commission. Neither the statutory exemption provided for in paragraph (3) of section 7 of the McNamara-O'Hara Service Contract Act of 1965 (Service Contract Act) (41 U.S.C. 351 et seq.) exempting “any contract for the carriage of freight or personnel * * * where published tariff rates are in effect" nor the administrative exemption for contracts for the carriage of freight or personnel subject to rates covered by section 10721 of the Interstate Commerce Act is applicable. (See 29 CFR 4.123.) The Service Contract Act applies to local office relocation moves where transportation costs (such as packing, crating, handling, loading, and/or storage of goods prior to or following linehaul transportation) are incidental to the principal purpose of the contract. (See 29 CFR 4.118.) (c) GSA regional offices, on behalf of executive agencies, may enter into term contracts for office relocation services in cities where it is determined that such contracts are warranted. The availability of term contracts for office relocation services will be announced through GSA bulletins as indicated in § 101-40.109-1(b). (a) When a contract or agreement for transportation-related services, including office relocations, is awarded in response to an agency's specific request, the use of the contract or agreement is mandatory for that requesting agency. (b) When term contracts or agreements for transportation-related services, excluding office relocations, are entered into and awarded by GSA for use "as required," the term contract or agreement is mandatory upon all executive agencies; however, exceptions to the mandatory use of term contracts or agreements may be granted by the appropriate GSA regional office. (c) GSA may enter into optional use contracts for office relocations where deemed appropriate. [45 FR 85752, Dec. 30, 1980, as amended at 51 FR 24332, July 3, 1986; 52 FR 21032, June 4, 1987] §101-40.110 Assistance to economically disadvantaged transportation businesses. § 101-40.110-1 Small business enterprises. Consistent with the policies of the Government with respect to small business as set forth in subpart 1-1.7 of this title, executive agencies shall place with small business concerns a fair proportion of the total purchases and contracts for intrastate and interstate transportation and related services, such as packing and crating, loading and unloading, and local drayage. § 101-40.110-2 Minority business enterprises. Consistent with the policies of the Government stated in 48 CFR part 19, minority business enterprises shall have the maximum practicable opportunity to participate in the performance of Government purchases and contracts. Agencies shall encourage transportation-related minority enterprises, regardless of the mode of transportation, to identify themselves and provide services that will support the agencies' transportation requirements. The appropriate GSA regional office may be contacted for assistance, if needed. [51 FR 24332, July 3, 1986] § 101-40.110-3 Women-owned business enterprises. Consistent with the policies of the Government with respect to womenowned business enterprises as set forth in Executive Order 12138, May 18, 1979, and 48 CFR subpart 19.9, women-owned business concerns shall have the maximum practicable opportunity to participate in Government transportation purchases and contracts. Executive agencies shall create or support programs responsive to the special needs of women-owned business enterprises, establish incentives to promote business or business-related opportunities for women-owned business enterprises, collect and disseminate information in support of women-owned business enterprises, and ensure that womenowned business enterprises have knowledge of the ready access to business-related services and resources. [52 FR 21033, June 4, 1987] § 101-40.111 Maintenance of tariff files. (a) The National Capital Region (NCR) office listed in §101-40.101-1(a) shall maintain a master file of carrier interstate tariffs covering all modes and methods of transportation commonly used by executive agencies. Each of the other GSA regional offices will maintain an interstate tariff file sufficient to meet the normal requirements of executive agencies located within its regional area of responsibility. Each GSA regional office will maintain an intrastate tariff file on those States located within the limits of its jurisdiction, except that when the transportation needs of client agencies require it to do so, a GSA regional office may maintain other intrastate tariffs. (b) Executive agencies may maintain only those tariffs necessary to meet their routine operational requirements. Agencies may use GSA tariff files to meet unusual or abnormal transportation needs; or, alternatively, may request GSA to furnish rates, freight routings, or other tariff information. (See §101-40.301 for use of GSA-furnished rates and routes.) [51 FR 24333, July 3, 1986] § 101-40.112 Transportation factors in the location of Government facilities. (a) Transportation rates, charges, and commercial carrier transportation services shall be considered and evaluated before selecting new site locations and during the planning and construction phases in the establishment of leased or relocated Government installations or facilities. (b) If changes in the location, relocation or deactivation of Government installations or facilities are contemplated and will result in significant changes in the movement of property, executive agencies shall use the traffic management services of GSA to ensure that consideration is given to the var § 101-40.200 Scope of subpart. This subpart prescribes regulations concerning the movement of household goods of Government employees and their dependents who are eligible for relocation within the conterminous United States. As used in this subpart, the term "household goods" includes personal effects, and the term "employee(s)" includes eligible dependents. GSA will provide agencies with cost comparisons, the names of carriers eligible to handle specific shipments, and requested administrative support related to the Government employee's household goods movements. When GSA furnishes agencies cost comparisons between the GBL method (see § 101-40.203-2) and the commuted rate system (see §101-40.203-3), the agencies shall make the final determination as to the method of shipment and to the selection of the carrier under the GBL method. [51 FR 24333, July 3, 1986] § 101-40.201 Applicability. This subpart applies to civilian executive agencies, but will not apply to uniformed personnel of the U.S. Coast Guard. [51 FR 24333, July 3, 1986] § 101-40.202 The General Services Administration household goods tender of service (TOS) agreement. As part of the centralized household goods traffic management program, GSA has developed a master household goods tender of service (TOS) agreement. This agreement establishes carrier service and performance standards which participating carriers agree to provide. Commercial carriers desiring to participate in this program must |