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(1) Maximum utilization of property is obtained and that property is used for official purposes only;
(ii) Adequate inventory controls and accountability records are maintained;
(iii) Property is properly cared for including preservation, preventive maintenance, handling and storage;
(iv) Property is made available for reassignment to other Government activities when such property is no longer required for present or approved projects or programs;
(v) Newly acquired property is adequately inspected to assure receipt of proper quantities in acceptable condition, and compliance with specifications and standards;
(vi) Property management reports are submitted as required; and
(vii) Periodic management reviews are conducted for the purpose of determining (a) compliance with prescribed policies and regulations, and (b) the need for guidance and/or training. The reviews shall be conducted by qualified personnel preferably assigned to positions not directly accountable or responsible for the property in the area being reviewed. The Procurement and Materiel Checklist, Form HEW-552, available through normal distribution channels, shall be used as appropriate in conducting such reviews. [35 F.R. 13645, Aug. 27, 1970, as amended at 35 F.R. 19250, Dec. 19, 1970] § 103–1.5004 Primary responsibility.
The Secretary has primary responsibility for providing direction and leadership in the development and establishment of an effective and efficient property management program including:
(a) Internal regulations, policies, and procedures, to meet the requirements of laws, regulations, and the dictates of good management practices; and
(b) The review and evaluation of property management programs, operations, and procedures. § 103-1.5005 Assignment of responsi
bilities and delegations of authority. (a) General. Some property management transactions require specific grants of authority empowering individuals to
take those actions, e.g., procurement authority to acquire property where the expenditure of funds is involved; contracting authority where the sale of property is involved. Other actions are based on grants of authority, instructions, directions, or are authorized by virtue of occupying a position to which responsibility is assigned. To effectively and efficiently conduct the Department's property management function, and in the interest of less costly procedures and practices, it is considered generally desirable that authority and responsibility for property management transactions be exercised at the lowest organizational unit practicable. Delegations may be made by the Office of the Secretary to operating agencies and the Regional Offices. Delegations made to officials of these organizations may be redelegated when authorized.
(b) Delegations and redelegations. Chapter 8–75 of the HEW General Administration Manual states the policy and procedure applicable to delegations of authority and responsibility. Delegations of authority to perform actions pertaining to the management of property and related functions are located elsewhere in this Part 103-1. § 103–1.5006 Responsibilities of Depart.
ment officials. (a) General. At all levels of the Department, officials in charge of activities have an inherent responsibility for the management of property under their jurisdiction. Depending upon the scope of the activities involved, these responsibilities will be carried out directly by the officer in charge or through the assistance of a staff officer selected to perform duties of the kind outlined in § 103–1.5007, either on a full-time basis or in addition to other duties.
(b) Specific responsibilities include:
(1) Advising all organizations and persons concerned of the name, location, responsibilities and authorities of individuals designated to perform property management responsibilities;
(2) Directing personnel under his jurisdiction to give full cooperation to such individuals;
(3) Designating personnel to assume the responsibilities of such individuals during their absence; and
(4) Notifying all employees of their responsibilities under $ 103–1.5008. 8 103–1.5007 Responsibilities of prop
erty management officers. A property management officer designated to carry out property management repsonsibilities is a staff officer or employee responsible to the officer in charge of an activity. He works in concert with other staff members of that activity to coordinate the planning for and utilization of all property, to assure effective and economical service in meeting operating needs (see § 103–1.5003). The property management officer's responsibilities include, but are not limited to, the following:
(a) Providing leadership and guidance in the proper utilization, care and disposal of property, as well as assuring the development of requirements for property on the basis of a determined need within authorized program objectives.
(b) Determining the condition of property relative to its serviceability and repairability resulting from fair wear and tear.
(c) Requiring board-of-survey action in accordance with instructions contained in HEWPMR, and when otherwise deemed advisable.
(d) In addition, where the jurisdiction of his chief encompasses one or more property accountable areas:
(1) Assuring through staff leadership and technical assistance that prescribed property accountability and property custodial records and controls and property transactions are maintained;
(2) Assuring that property accountability records are verified and reconciled by periodic inventories of property; and
(3) When serving as property accountable official, carrying out prescribed responsibilities. § 103–1.5008 Responsibilities of indi
viduals for public property. (a) Any employee of the Department who has use of, supervises the use of, or exercises control over Government property, is responsible for such property. This responsibility may take either or both of the following forms:
(1) Supervisory responsibility. This requires the establishment and continu
ous enforcement of necessary administrative measures to assure proper preservation and utilization of all Government property under jurisdiction of an oficer-in-charge, an administrative official, or a supervisor. This responsibility does not denote, however, that personnel in such positions will be held pecuniarily liable for loss, damage, or destruction of property under their supervisory jurisdiction, unless there is evidence of neglect or misconduct indicating dereliction of duty on their part.
(2) Personal responsibility. Responsibility for the care and protection of Government property is an obligation inherent in every position occupied by a Government employee. Every employee is obligated to properly care for, handle, and use Government property, whether such property has been issued to or specifically assigned for his personal use, or is used by him only occasionally. The use of Government property at or away from the office or station requires the same exercise of judgment and prudence for care and protection of the property as a reasonable person would apply to his personal belongings. Leaving expensive equipment such as cameras, portable tape recorders, etc., in full view in a locked car in a location during periods when breaking and entering could be accomplished unobserved is not exercising prudence. Such action, when associated with other factors, could constitute negligence.
(b) Failure on the part of an employee to exercise responsibility for the care and protection of Government property could result in pecuniary liability. An employee may be held pecuniarily liable and be required to make restitution to the Government when such a determination has been made under the Board of Survey procedure, or upon a review of the case by the prescribed authority or his designee when the determination has been appealed by the employee. The employee may be excused from liability by the same authority.
(c) The extract from section 641 of title 18, United States Code, quoted below, available on Form HEW-542, Care and Protection of Government Property, will be posted on bulletin boards and
other conspicuous places, for information and guidance of all concerned:
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or dispose of any record, voucher, money, or thing of value of the United States or of any department or agency thereof; or any property made or being made under contract for the United States or any department or agency thereof, or
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted
Shall be fined not more than $10,000 or imprisoned not more than 10 years, or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.
The word "value" means face, par, or market value, or cost price, either wholesale or retail whichever is greater.
103-1 through 103-6.... 103-51 through 103-56.3 B 2 103–7 through 103–13... 103-57 through 103-63. C1 103-14 through 103-16.. 103-64 through 103-66. D 2
103-17 through 103-24.. 103-67 through 103–74. E1
103–25 through 103-34.. 103-75 through 103-84. F2
103-35 through 103-37.. 103-85 through 103-87. G 1 103-38 through 103-41.. 103–88 through 103-91. Hi..... 103-42 through 103-49.. 103-92 through 103-99.8
1 HEW Materiel Management Manual implements or supplements material only in subchapters C, E, G, and H, and Part 101-1 of subchapter A.
3 HEW manuals other than the Materiel Management Manual implement and supplement material in sub chapters A, B, D, and F.
3 Parts 103-50 and 103-100 are reserved.
SUBCHAPTERS B-F (RESERVED)
SUBCHAPTER G-TRANSPORTATION AND MOTOR VEHICLES
AND TRAFFIC MANAGEMENT Sec. 103-40.000 Scope of part.
Subpart 103-40.1-General Provisions 103-40.101 Transportation assistance. 103-40.102 Representation before regulatory
Subpart 103-40.7—Reporting and Adjusting
Discrepancies in Government Shipments Sec. 103-40.700 Scope of subpart. 103-40.702 Reporting discrepancies. 103-40.702–3 Standard Form 361, Discrep
ancy in Shipment Report. 103-40.710 Processing claims against car
riers. 103-40.711 Collection of claims. 103-40.711-2 Claims against international
ocean or air carriers. 103-40.712 Referral of claims to U.S. Gen
eral Accounting Office. Subpart 103–40.49-Forms, Formats, and
Agreements 103-40.4900 Scope of subpart. 103-40.4902 Standard forms. 103-40.4906 Illustrations. 103–40.4906–50 Standard Form 1196, Short
Form-U.S. Government Bill of Lading
(Original). 103-40.4906-5 Standard Form 1197, Certi
fied True Copy of Lost Short Form-U.S.
Government Bill of Lading. 103-40.4906-52 Sample of Standard Form
1103, U.S. Government Bill of Lading completed for domestic household goods
bodies. 103-40.103 Selection of carriers. 103-40.107 Surveys. 103-40.150 Responsibility. 103-40.151 Transportation publications. Subpart 103–4.3—Freight Rates, Routes, and
Services 103-40.303 Implementation of standard
routing principle. 103-40.304 Description of property for ship
ment. 103-40.305 Negotiation for changes in rates,
ratings, rules, and services. 103-40.305-3 Negotiation by other executive
agencies. 103–40.305-5 Reports of agency negotia
tions. 103-40.306 Rate tenders to the Govern
ment. 103-40.306–3 Distribution. 103-40.306–50 Special rate tenders (house
hold goods only). 103-40.350 Freight classification (not ap
plicable to household goods).
shipment. 103-40.4906-53 Form PHS-1672, Authoriza
tion for Storage of Household Goods, Temporary-Nontemporary.
Subpart 103-40.51- Preservation, Packaging
Packing, and Marking Sec. 103-40.5101 General. 103-40.5102 Definitions. 103-40.5102-1 Preservation. 103-40.5102–2 Packaging. 103-40.5102–3 Packing. 103-40.5103 Carrier's requirements. 103-40.5104 Other requirements. 103-40.5105 Levels of protection. 103-40.5106 Selection of level of protection. 103-40.5107 Packing articles of different
freight classifications. 103-40.5108 Explosives and other dangerous
articles. 103–40.5109 Marking. Subpart 103-40.52-Ordering and Loading
Transportation Equipment 103–40.5200 Scope of subpart. 103-40.5201 Rail. 103-40.5202 Motor. 103-40.5203 Water. 103-40.5204 Acceptance of carrier's equipo
ment. 103-40.5205 Difficulty in obtaining equip
Subpart 103-40.50—Definitions of Terms Sec. 103-40.5000 Scope of subpart. 103-40.5001 Definitions. 103-40.5001-1 Accessorial charge. 103-40.5001-2 Actual value rate. 103-40.5001-3 Agreed valuation. 103-40.50014 Astray freight. 103–40.5001–5 Bargeload. 103-40.5001-6 Bill of lading, Government
(GBL). 103–40.5001–7 Bill of lading, order. 103-40.5001-8 Bill of lading, straight. 103-40.5001-9 Carload (CL). 103-40.5001-10 Carrier. 103-40.5001-11 Carrier, common. 103-40.5001-12 Carrier, contract. 103-40.5001-13 Carriers, for-hire. 103-40.5001–14 Carrier, line-haul. 103-40.5001-15 Carrier, private. 103-40.5001-16 Charter air service. 103–40.5001-17 Circuitous route. 103–40.5001-18 Classification, freight. 103-40.5001-19 Classification rating. 103-40.5001–20 Clearance limits. 103-40.5001-21 Conterminous United States. 103-40.5001-22 Declared value. 103-40.5001–23 Demurrage. 103-40.5001–24 Description, freight. 103-40.5001-25 Diversion. 103-40.5001-26 Drayage. 103-40.5001-27 Embargo. 103-40.5001-28 Facilities, carrier. 103-40.5001-29 Ferry car. 103-40.5001-30 Freight forwarder. 103-40.5001-31 Knocked down (KD). 103-40.5001-32 Less than bargeload. 103-40.5001-33 Less than carload (LCL). 103-40.5001-34 Less than truckload (LTL). 103–40.5001-35 Light and bulky. 103-40.5001–36 Lighterage. 103-40.5001-37 Operating authority. 103-40.5001-38 Over freight. 103-40.5001-39 Palletized. 103-40.5001-40 Pickup and delivery. 103–40.5001-41 Reconsignment. 103-40.5001-42 Released valuation rate. 103-40.5001-43 Routing officer. 103-40.5001-44 Routing or route order. 103-40.5001-45 Schedule of rates. 103-40.5001-46 Section 22 quotations. 103–40.5001-47 Shipper's Export Declara
tion (Commerce Form 7525-V). 103-40.5001-48 Special tender. 103-40.5001-49 Switching. 103-40.5001-50 Tariff. 103-40.5001-51 Team-track. 103-40.5001-52 Tenders negotiated. 103-40.5001-53 Tenders, unsolicited or non
negotiated. 103-40.5001-54 Tracing. 103-40.5001-55 Traffic management. 103-40.5001-56 Transit point. 103-40.5001-57 Transit privilege. 103–40.5001-58 Transportation officer. 103-40.5001-59 Trap car (Ferry car). 103-40.5001-60 Truckload (TL).
Subpart 103–40.53—Bills of Lading 103-40.5300 Scope of subpart. 103-40.5301 General. 103-40.5302 Persons authorized to issue
Government bills of lading. 103-40.5303 Preparation and processing U.S.
Government Bills of Lading, SF-1103. 103-40.5304 Standard U.S. Government BUI
of Lading (GBL), SF-1103. 103-40.5305 Temporary receipt in lieu of
U.S. Government Bill of Lading, and certificate in lieu of lost U.S. Govern
ment Bill of Lading. 103-40.5306 Conversion of commercial bulls
of lading to U.S. Bills of Lading, and procedure for handling lost commercial
bills of lading. 103-40.5307 Short Form-U.S. Government
Bill of Lading. 103–40.5308 Accountability of forms. 103-40.5309 Shipment registers. 103–40.5310 Exceptions to use of U.S. Gov
ernment Bill of Lading forms. Subpart 103-40.54—Demurrage, Detention, and
Storage 103-40.5400 Scope of subpart. 103-40.5401 Demurrage and detention. 103–40.5402 Straight demurrage, detention,
and storage bills, freight. 103-40.5403 Storage, temporary and non
temporary, household goods. 103–40.5404 Average agreements. 103–40.5405 Certification of bills. Subpart 103-40.55—Reconsignment or
Diversion 103-40.5500 Scope of subpart. 103-40.5501 General.
Sec. 103-40.5502 Requests for reconsignment or
diversion. 103-40.5503 Reconsignment data. 103-40.5504 Endorsement on bills of lading. 103-40.5505 Holding-in-transit.
Subpart 103-40.56—Tracing and Expediting 103-40.5600 Scope of subpart. 103-40.5601 Tracing. 103-40.5602 Procedure for tracing. 103-40.5603 Expediting. 103-40.5604 Procedure for expediting. Subpart 103–40.57— Items Requiring Special
Handling 103-40.5700 Scope of subpart. 103-40.5701 Narcotics. 103-40.5702 Dangerous articles and explo
sives. 103-40.5703 Use of diplomatic pouch. 103-40.5704 Alcohol, 103-40.5705 Laboratory specimens. 103-40.5706 Protection of shipments against
heat or cold while in transit. 103-40.5707 Household goods and personal
effects. 103-40.5707-1 General. 103-40.5707-2 Expedited mode. 103-40.5707-3 Articles of extraordinary
value. 103–40.5707–4 Unaccompanied baggage. 103-40.5707–5 Local drayage.
AUTHORITY: The provisions of this part 103-40 issued under 5 U.S.C. 301; 40 U.S.C. 486(c).
SOURCE: The provisions of this part 103-40 appear at 35 F.R. 19250, Dec. 19, 1970, unless otherwise noted. § 103–40.000 Scope of part.
The policies and procedures prescribed in this part are applicable to all shipments of property for which payment of transportation charges are made by the Government directly to carriers whether transportation is accomplished by Government bills of lading, commercial bills of lading to be converted to Government bills of lading, or by commercial forms and procedures; except they do not apply to shipment of household goods and personal effects of civilian employees when transported within the conterminous United States, unless such shipments meet the criteria set forth in Bureau of the Budget Circular A-56. Policies and procedures governing shipment of household goods for civilian employees when not transported by use of Government bills of lading are contained in the HEW Travel Manual.
Provisions § 103–40.101 Transportation assistance.
Transportation assistance relative to rates, routes, and other tariff information may be obtained from the Transportation and Communications Service of the nearest General Services Administration Regional Office. Questions relative to policy and procedures, or requests for interpretation of instructions, shall be forwarded to the officials responsible for transportation and traffic management at the operating agency headquarters. § 103–40.102 Representation before
regulatory bodies. Recommendations to institute actions with respect to tariffs, rates, or service matters before Federal and State regulatory bodies shall be forwarded to the Office of General Services, OASA, for submittal to the General Services Administration. § 103-40.103 Selection of carriers.
Selecting the proper mode of transportation will contribute significantly to assuring that property is delivered in good condition at the required time. Factors to be considered are dependability, safety, economy, and urgency of need. When terminal services such as unloading and delivery required, consideration should be given to utilizing carriers whose rates include such services. The type material being shipped and the shipping and receiving facilities at origin and destination must also be considered. Shipping officers shall assure that carriers utilized are authorized to provide required services. When necessary, GSA regional offices will provide assistance in determining carriers' operating authorities. The following are the principal modes of transportation available and the relative economy of each mode:
(a) Air express. Air express is a most expensive mode of transportation and should not be used except under unusual and emergency circumstances.
(b) Air freight. Air freight, in some instances, is competitive with surface express services. Pickup and delivery charges must be taken into consideration when comparing charges with other modes. Care should be exercised when