enter into individual TOS agreements with GSA, acting on behalf of executive agencies. Carriers that desire to enter into a TOS agreement or agencies desiring additional information should contact the General Services Administration, Travel and Transportation Management Branch (6FBX), 1500 East Bannister Road, Kansas City, MO 64131.

[58 FR 48972, Sept. 21, 1993]

§ 101-40.203 Household goods movement procedures.

§ 101-40.203-1 Household goods rate tenders.

GSA will accept or reject household goods carriers' rate tenders (see §10140.306) on behalf of executive agencies. Executive agencies shall reject rate tenders not submitted in accordance with this subpart 101-40.2. Household goods carriers' TOS agreements and individual rate tenders covering interstate and intrastate shipments shall be submitted to the Chief, Travel and Transportation Management Branch (6FBX). (See § 101-40.101-1.) Rate tenders shall be effective for a 12month period beginning October 1 of each year unless a shorter period is prescribed by the Chief, 6FBX. To qualify under the centralized household goods traffic management program, these tenders must be submitted in accordance with instructions issued by the Chief, 6FBX.

[58 FR 48972, Sept. 21, 1993]

§ 101-40.203-2 The GBL method.

(a) For the purposes of the centralized household goods traffic management program described in this subpart 101-40.2, shipments of Government employees' household goods authorized to move under a Government bill of lading (GBL) are classified as "GBL method" shipments. This method is distinguishable from the commuted rate system (§ 101-40.203-3) in that when a GBL is used, the Government, not the employee, is the shipper and the Government pays the carrier the applicable transportation charges. The decision on which method shall be authorized is the decision of the employing agency, and shall be based on a cost comparison (see § 101-40.203-4) which the agency

a

obtains from the appropriate GSA regional office specified in § 101-40.101-1 or an agency office delegated authority to furnish cost comparisons. The cost comparison shall contain the name(s) of the carrier(s) eligible to handle the household goods shipment. When shipment moves under a GBL, the agency prepares the bill of lading, books the shipment, and in event of loss or damage to the household goods may either file claims directly with the carrier, on behalf of the employee, or assist the employee in filing claims against the carrier.

(b) When the agency makes the final determination that the GBL method shall be used, the Government's financial obligation for the cost of shipping the employee's household goods is established. Once the GBL method is authorized and an employee chooses to move all or part of his/her household goods by some other means (see paragraphs (c) and (d) of this section), the Government's financial responsibility toward the employee for shipping costs is limited to the cost which the Government would have incurred had all the household goods been moved on one GBL, in one lot, from one origin to one destination, by the lowest cost carrier providing the level of service required by the agency at the time the GBL method was authorized.

(c) When an employee requests, for personal reasons, that his/her household goods be shipped by a carrier that is more costly than the carrier selected by the agency, the Government will pay the carrier's applicable charges and collect from the employee any additional transportation costs resulting from the employee's choice of carrier. Agencies are cautioned to counsel employees regarding their potential indebtedness to the Government when employees select a higher cost carrier.

(d) When an employee chooses to use a rental truck, trailer, or private conveyance to transport his/her household goods, the Government will reimburse the employee his/her actual expenses (e.g., vehicle rental fee, material handling equipment, packaging materials, fuel, toll charges, etc.) not to exceed

the maximum amount described in paragraph (b) of this section.

[51 FR 24333, July 3, 1986, as amended at 52 FR 21033, June 4, 1987]

§ 101-40.203–3 The commuted rate system.

The commuted rate system is the method whereby employees who are authorized to transport their household goods at Government expense make their own shipping arrangements and are reimbursed by the Government according to the commuted rate allowances published in the GSA Commuted Rate Schedule. In addition to transportation allowances, the commuted rate schedule includes allowances for various related accessorial expenses, such as packing and crating, storage-intransit, carrier labor charges, appliance servicing, and piano/organ handling. Under the commuted rate system, employees shipping via commercial carriers are responsible for making all arrangements with the carrier, filing loss and damage claims with the carrier, and making payment to the carrier after the shipment has been completed. Under the commuted rate system, the shipment is moved using commercial documents, or employees may elect to transport their household goods in a rental vehicle or by private conveyance. The use of household goods rate tenders (see § 101-40.203-1) is not authorized when household goods are shipped under the commuted rate system.

[54 FR 46245, Nov. 2, 1989]

§ 101-40.203-4 Cost comparisons.

(a) Under the centralized household goods traffic management program, agencies shall obtain cost comparisons between the GBL method and the commuted rate system from the appropriate GSA regional office. Section 3028.3(c)(4)(i) of the Federal Travel Regulation (41 CFR chapters 301 through 304) provides that the commuted rate system shall be used for individual employee transfers without consideration being given to the GBL method, except that the GBL method may be used if the actual transportation costs (including the costs of packing and other accessorial services) to be incurred by the

Government are predetermined and can be expected to result in a real saving to the Government of $100 or more.

(b) Requests for cost comparisons shall be made as far in advance of the moving date as possible (preferably 30 calendar days) and shall contain the following information:

(1) Name of employee to be moved; (2) Origin city, county, and State; (3) Destination city, county, and State;

(4) Anticipated or actual date household goods are to be picked up;

(5) Estimated weight of shipments; (6) Number of days storage-in-transit is required (if applicable); and (7) Other pertinent data.

(c) Agencies should use GSA Form 2485, Cost Comparison for Shipping Household Goods (Commuted Rate System Vs. GBL Method) for this purpose. (See § 101-40.4902.) In case of an emergency or an imminent moving date (less than 10 workdays), these details may be transmitted to the appropriate GSA regional office by phone. If information is received by phone, the response will be made by phone when requested. Regardless, all cost comparisons and carrier selection information will be confirmed in writing by the appropriate GSA regional office.

[45 FR 85752, Dec. 30, 1980, as amended at 51 FR 24334, July 3, 1986; 54 FR 46245, Nov. 2, 1989]

§ 101-40.204 Carrier selection and distribution of shipments.

A cost comparison, furnished to the requesting agency, will contain the names and point of contact for at least 10 eligible carriers on interstate traffic and up to 5 eligible carriers on intrastate traffic. Eligible carriers are those carriers which meet minimum service criteria established by GSA. Additionally, eligible carriers will be evaluated and ranked on the cost comparison (see § 101-40.203-4) based on completed GSA Forms 3080, Household Goods Carrier Evaluation Report (see §101-40.205), submitted to GSA by Federal employees. Agencies authorizing the GBL method shall select the eligible carrier that meets the agency's service requirements and offers the lowest cost consistent therewith. Deviations from

this methodology shall be documented in the requesting agency's records.

[52 FR 21033, June 4, 1987; 52 FR 23137, June 17, 1987]

§ 101-40.205 Quality control.

GSA Form 3080, Household Goods Carrier Evaluation Report (see §10140.4902), is a form used by GSA and other agencies for monitoring the performance and quality of household goods carriers' service. When household goods shipments are made under the GBL method, the employee (following delivery of the shipment) should promptly complete his/her portion of GSA form 3080 and send it to the agency GBL issuing officer responsible for the shipment to complete and forward to the Manager, GSA Centralized Household Goods Traffic Management Program, General Services Administration (6FBX), 1500 East Bannister Road, Kansas City, MO 64131. Information compiled from completed GSA Forms 3080 is used by GSA and other agencies to evaluate and rate the quality of carrier service and to determine if actions under § 101-40.208 should be considered. Agencies may submit other documentation of instances of inadequate carrier service or performance to the Manager, GSA Centralized Household Goods Traffic Management Program, General Services Administration (6FBX), 1500 East Bannister Road, Kansas City, MO 64131. Sufficient details must be furnished to identify specific shipments.

[58 FR 53889, Oct. 19, 1993]

§ 101-40.206 Household goods carriers' liability.

The GSA tender of service (TOS) agreement and the carriers' applicable tariffs establish the carriers' minimum liability for the loss of or damage to Government employees' household goods transported in conjunction with this subpart. A value exceeding the established TOS or tariff minimum may be declared on the bill of lading, but the carrier will charge a valuation fee for each $100, or fraction thereof, of such higher declared valuation. Employees should be fully informed as to the extent the Government will be monetarily responsible for the trans

portation of household goods, the differences in standard liability under Government and commercial bills of lading, the steps necessary to increase or decrease the carriers' liability, and the relative advantage the employee would have under the Military Personnel and Civilian Employees' Claims Act of 1964 (see § 101-40.207(b)) when the employee chooses to declare a valuation that either exceeds (in which case, the employee is liable for an excess valuation charge) or does not exceed the TOS or tariff minimum.

(a) When a Government employee's household goods are shipped under a GBL via carriers participating in the GSA Centralized Household Goods Traffic Management Program, the TOS agreement establishes the carrier's minimum liability for loss or damage, and the carrier's tender or tariff prescribes any additional charges for which the Government may be responsible relative to that liability. In the absence of an employee's written request for a valuation that exceeds the minimum liability specified in the TOS agreement, all GBLs should be annotated to show the minimum liability specified in the TOS agreement. If an employee requests the agency to declare a valuation that exceeds the TOS minimum, the agency will enter the declaration on the GBL, pay the carrier the valuation fee (if applicable), and collect the fee from the employee. Should the employee's request for increased valuation be made after the GBL has been tendered to the carrier but before the shipment has been picked up, the employee should not make a separate arrangement with the carrier for increased valuation. Instead, the employee should notify the GBL issuing officer of the valuation desired, and request that the original GBL be amended on Standard Form 1200, Government Bill of Lading Correction Notice. (See § 101-41.4901-1200.) (b) When a Government employee's household goods are shipped under the commuted rate system, the employee makes all arrangements for moving his/her household goods, and is reimbursed to the extent provided in the

commuted rate schedule. If the employee chooses to have his/her household goods transported by a commercial carrier, the shipment will move on a commercial bill of lading. The carrier's tariff establishes the standard level of carrier liability when the shipper fails to declare a value on the bill of lading, prescribes the options the shipper has for increasing or decreasing the carrier's standard liability, and sets the valuation fee payable when the declared value exceeds the minimum carrier liability for which no valuation fee applies. To limit the carrier to the minimum liability and avoid having to pay a valuation fee, the shipper must annotate the bill of lading in accordance with the provisions of the tariff. [53 FR 4623, Feb. 17, 1988]

§ 101-40.207 Household goods loss and damage claims.

(a) Claims for loss and damage to household goods will normally be filed and processed with the line-haul carrier; i.e., the carrier to which the household goods were tendered and which is shown on the bill of lading as having received the shipment. Depending on agency policy, claims for the repair, replacement, or loss of household goods may be filed by either the agency or the employee (as owner of the goods). When the employee files the claim, the agency or the appropriate GSA regional office will furnish the employee necessary assistance in claim procedures.

(b) Under 31 U.S.C. 3721 (the Military Personnel and Civilian Employees' Claims Act of 1964, as amended), employees who sustain a loss or damage to their household goods (transported incident to service) that exceeds the amount recovered from a carrier in settlement of a claim may file claim against the United States for the difference. Pursuant to Public Law 100565, agencies may compensate employees up to $40,000 on claims arising on or after October 31, 1988. When it is the policy of the agency not to compensate its employees under the Act, the agency should advise employees of the options available to them for insuring their household goods against greater monetary loss. (See §101-40.206(b) of this subpart.)

(c) When settling a claim for loss or damage to a shipment of household goods, carriers may settle either for the full value declared by the shipper or arrive at the current actual value of the lost or damaged item by using the criterion of replacement cost of the lost or damaged item, less depreciation. The basis upon which carriers will settle a claim is contained in carriers' tariffs or is referenced in section 10721 (49 U.S.C. 10721) quotations on file with GSA and the Interstate Commerce Commission.

(d) Regulations governing household goods carriers subject to the Revised Interstate Commerce Act are contained in 49 CFR part 1056.

(e) Additional information concerning processing loss and damage claims may be obtained from the appropriate GSA regional office.

[51 FR 24335, July 3, 1986, as amended at 54 FR 46245, Nov. 2, 1989]

§ 101-40.208 Temporary nonuse, debarment, or suspension of household goods carriers.

Based on information obtained from the completed GSA Form 3080 or documented instances of other service complaints or deficiencies, agencies may place household goods carriers in temporary nonuse, debarred, or suspended status in accordance with the procedures specified in subpart 101-40.4. [51 FR 24335, July 3, 1986]

Subpart 101-40.3-Rates, Routes, and Services

SOURCE: 45 FR 85756, Dec. 30, 1980, unless otherwise noted.

§ 101-40.300 Scope of subpart.

This subpart prescribes regulations governing the determination and use of rates and related data in the transportation of property for the Government; selection of the mode of transportation and the carriers within the mode; and negotiations of classification ratings, rates, and services.

[51 FR 24335, July 3, 1986]

NOTE: Full visible capacity generally means that quantity of freight which in the manner loaded so fills a vehicle that no additional article in the shipping form tendered identical in size to the largest article in the shipment can be loaded in or on the vehicle. Consult governing tariffs for precise definition and application.

(1) Unless otherwise revoked by the GSA Central Office, permanent exemption from the rate and routing requirements of this section is granted to the Federal Emergency Management Agency (FEMA), Department of Energy (DOE), National Aeronautics and Space Administration (NASA), and the United States Department of Agriculture (USDA) to the following extent:

(i) FEMA: Initial positioning of mobile homes shipped in response to disasters;

(ii) DOE: Priority energy and classified defense and nuclear waste management shipments;

(iii) NASA: Shipments of key, critical items necessary to the success of space and aerospace research, development, acquisition, flight or launch activities; and

(iv) USDA: Emergency shipments of forest firefighting materials and equipment; household goods shipments to and from isolated areas.

(2) To meet other transportation exigencies of a critical and recurring nature, executive agencies, other than

those exempted to the extent noted in paragraph (a)(1) of this section, may request the appropriate GSA regional office to grant a temporary exemption from the routing requirements of this section. In a local emergency, which precludes the requesting of routing instructions in accordance with the requirements of this section, routing by any transportation mode may be made without prior approval. Requests for temporary exemption shall be in writing, and the appropriate GSA regional office will accept or deny the request by written instructions to the requesting agency. Exemptions will be granted for a duration of time not to exceed 1 year; however, on written request, an exemption may be renewed or extended.

(b) Agencies shall submit requests for rate and routing information to the appropriate GSA regional office. Agencies may telephone urgent requests, and replies will be made by telephone and confirmed upon request by the use of GSA Form 420, Freight Rate and Route Request/Response, or GSA Form 2485, as appropriate. (See §101-40.4902.)

(1) To obtain rate and routing information, agencies will furnish the necessary details concerning the shipment as far in advance of the proposed shipping date as possible. For freight shipments, GSA Form 420 may be used. The procedures in subpart 101-40.2 shall be followed when requesting household goods rate and route information on shipments moving within the conterminous United States.

(2) To eliminate the need for repetitive routing instructions, GSA regional offices may issue standing route orders to cover normal repetitive movements (two or more shipments per month) of specific items between specified points by any mode of transportation. Ordinarily, a standing route order will be issued when the origin, destination, commodity(ies), and frequency of shipment constitute a repetitive traffic pattern. GSA regional offices will maintain a standing route order file and review routings at 60-day intervals from the date of their issuance to assure current application