Federal Management Regulation; Technical Amendments
GSA is issuing a direct final rule amending the Federal Management Regulation (FMR) to effectuate editorial and technical changes including updating authorities, agency contact ...
[FMR Case 2018-102-5; Docket No. GSA-FMR-2018-0014, Sequence No. 1]
RIN 3090-AJ97
AGENCY:
Office of Government-wide Policy (OGP), General Services Administration (GSA).
ACTION:
Direct final rule.
SUMMARY:
GSA is issuing a direct final rule amending the Federal Management Regulation (FMR) to effectuate editorial and technical changes including updating authorities, agency contact information, website and email addresses, simplifying requirements, and removing provisions that are no longer applicable. These changes are needed to provide accurate information for agencies to properly manage their Transportation Management and Transportation Payment and Audit programs.
DATES:
Effective August 29, 2022 without further action, unless adverse comment is received by June 30, 2022. If adverse comment is received, GSA will publish a timely withdrawal of the rule in the
Federal Register
.
ADDRESSES:
Submit comments in response to FMR Case 2018-102-5 to the Federal eRulemaking portal at
https://www.regulations.gov
by searching for “FMR Case 2018-102-5”. Select the link “Comment Now” that corresponds with “FMR Case 2018-102-5”. Follow the instructions provided at the “Comment Now” screen. Please include your name, company name (if any), and “FMR Case 2018-102-5” on your attached document. If your comment cannot be submitted using
https://www.regulations.gov,
call or email the points of contact in the
FOR FURTHER INFORMATION CONTACT
section of this document for alternate instructions.
Instructions:
Please submit comments only and cite “FMR Case 2018-102-5” in all correspondence related to this case. Comments received generally will be posted without change to
https://www.regulations.gov,
including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check
https://www.regulations.gov,
approximately two to three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT:
For clarification of content, contact Mr. Ron Siegel, Program Analyst, Office of Government-wide Policy, at 202-702-0840. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FMR Case 2018-102-5.
( printed page 32321)
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to 40 United States Code (U.S.C.) 501, the Administrator of General Services (Administrator) has the authority to procure and supply personal property and nonpersonal services for executive agencies including transportation and traffic management services. This statute also provides the Administrator with the authority to prescribe policies and methods for the procurement of transportation and traffic management services. These policies and methods for managing transportation and traffic management programs are codified in 41 CFR part 102-117 (FMR part 102-117).
The Travel and Transportation Reform Act of 1998 (Pub. L. 105-264) established agency statutory requirements for prepayment audits of Federal agency transportation expenses and established GSA's statutory authority for audit oversight to protect the financial interests of the Government (31 U.S.C. 3726). GSA has codified these requirements in 41 CFR part 102-118, Transportation Payment and Audit (FMR part 102-118).
GSA amended FMR part 102-117 in 2015 (80 FR 57102), and again in 2016 (81 FR 65298) along with FMR part 102-118. Since then, numerous technological changes have automated processes; GSA consolidated properties which eliminated physical addresses; and statutory changes require regulatory modifications such as references to legal citations.
This rule updates contact information including phone numbers, email, website, and mailing addresses. It corrects hyperlinks, form numbers, and legal references. It also clarifies conditions for using forms and revises outdated and inaccurate administrative procedures. Furthermore, this rule will remove references to outdated information, eliminate references to both GSA's obsolete eLearning Transportation Officer training site and its web-based reporting tool, Federal Interagency Transportation System.
This rule clarifies when the Standard Form 1113, Public Voucher for Transportation Charges, is required to be submitted by a transportation service provider and when it is optional. The rule also eliminates references to the U.S. Government Bill of Lading—Privately Owned Personal Property (PPGBL) form number, Optional Form 1203. The form was canceled in 2002 (67 FR 35113). The Department of Defense continues to use this form but refers to it only by its name, U.S. Government Bill of Lading—Privately Owned Personal Property (PPGBL), therefore the FMR is being updated to address the form by its name. Furthermore, agencies were instructed in 2002 to use the Government Bill of Lading (GBL), SF 1103, in place of the PPGBL. This rule also removes the references to the Memorandum Copies of the GBL (1103A) and PPGBL (1203A) since the forms are no longer maintained by GSA and the GBL is available online as a fillable form which enables agencies to print multiple copies.
GSA is removing the unnecessary procedures for agencies to request the GBL and the Government Transportation Request (GTR) forms and their corresponding control numbers. Both forms are available online in the GSA Forms Library. FMR § 102-118.245 instructs agencies to request document control numbers for these forms from the GSA Inventory Management Branch in Fort Worth, Texas; however that office was closed in 2015. The Technical Services and Commodity Branch was assigned the duty of providing control numbers for the documents but no longer provides these numbers to agencies. Since an agency is required to create a unique numbering system to track transportation documents, it should already include any GBLs and GTRs it issues in that numbering scheme. Removing GSA from this process does not change an agency's accountability or responsibility for these documents and does not change how or when the forms can be used. Agencies are still required to use commercial forms and payment practices except in the limited circumstances as specified in these FMR parts.
Agencies that participate in a GSA rate tender program no longer pay an administrative service charge to GSA. Therefore, this rule will update FMR § 102-117.35 to remove the reference that it is a disadvantage for an agency to use a GSA rate tender program because the participating agency is charged an administrative service charge. Any fees assessed by GSA are addressed in GSA procurement documents, are not necessarily a disincentive for an agency, and are generally not regulatory.
Additionally, in 2008, Public Law 110-246 amended Title 31 of the U.S. Code to include the elimination of the statute of limitations applicable to collection of debt by administrative offset. This amendment removes the obsolete requirement that imposed a 10-year limitation on agencies to collect ordinary debts and it updates the references in FMR part 102-118 to provide agencies with the proper information.
Finally, this rule corrects the reference to the Department of State's website for Civil Air Transport Agreements, clarifies the deadlines for Federal agencies to submit documents to the United States Maritime Administration (MARAD), and corrects inaccurate information for contacting MARAD. The intended effect of this rule is to enhance accuracy, decrease workload, and reduce misunderstandings of the regulations.
B. Analysis of Costs and Benefits
The changes presented in this rule are predominantly administrative and are expected to create little or no additional cost and insignificant savings to Federal and non-Federal entities that are required to comply with either or both of these FMR parts. Implementing this rule will decrease confusion for agencies, streamline invoicing procedures for transportation vendors, and reduce time lost going to outdated links or attempting to use inaccurate references.
C. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
D. Congressional Review Act
The Office of Information and Regulatory Affairs has determined that this rule is not a “major rule” as defined by 5 U.S.C. 804(2). Additionally, this rule is excepted from the Congressional Review Act (CRA) reporting requirements prescribed under 5 U.S.C. 801 since it relates to agency management or personnel under 5 U.S.C. 804(3).
E. Regulatory Flexibility Act
This rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601,
et seq.,
because it
( printed page 32322)
applies to agency management or personnel.
Therefore, an Initial Regulatory Flexibility Analysis has not been performed. GSA invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.
GSA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 610 (FMR Case 2018-102-5), in correspondence.
F. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to the FMR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
2. Amend § 102-117.20(a) by removing “( 40 U.S.C. 481et seq.)” and adding “(40 U.S.C. 501et seq.)” in its place.
3. Amend § 102-117.25 by removing the definition “Governmentwide Transportation Policy Council (GTPC)” and adding the definition of “Government-wide Transportation Policy Council (GTPC)” in its place to read as follows:
Government-wide Transportation Policy Council (GTPC)
is an interagency forum to help GSA formulate policy. It provides agencies managing transportation programs a forum to exchange information and ideas to solve common problems. For further information on this council, see website:
https://gsa.gov/transportationpolicy.
What terms and conditions must all rate tenders or contracts include?
* * * * *
(f) Other terms and conditions that may be specific to your agency or the TSP such as specialized packaging requirements or HAZMAT. For further information see the “U.S. Government Freight Transportation Handbook,” available at
https://gsa.gov/transaudits.
6. Amend § 102-117.80 by revising paragraph (b) to read as follows:
(b) You must send two copies of the rate tender to: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405, or email:
7. Amend § 102-117.85(a) by removing “Optional Forms 1103 or 1203, is a controlled document” and adding “Standard Form 1103, is a document” in its place.
What are the international transportation restrictions?
* * * * *
(b)
Ocean cargo.
International movement of property by water is subject to the Cargo Preference Act of 1954, as amended, 46 U.S.C. 55305, and the implementing regulations found at 46 CFR part 381, which require the use of a U.S. flag carrier for at least 50% of the tonnage shipped by each department or agency when service is available (see 46 CFR 381.7). The Maritime Administration (MARAD) monitors agency compliance with these laws. All departments or agencies shipping Government-impelled cargo must comply with the reporting provisions of 46 CFR 381.3. For further information contact MARAD, Tel: 202-366-4610, Email:
cargo.marad@dot.gov. For further information on international ocean shipping, go to:
https://www.maritime.dot.gov/ports/cargo-preference/cargo-preference.
Cargo preference is the statutory requirement that all, or a portion of all, U.S. Government owned, procured, furnished, or financed ocean-borne cargo that moves internationally be transported on U.S. flag vessels.
(c) The Commissioner of United States Customs and Border Protection, by delegation of the Secretary of the Department of Homeland Security, and the Secretary of the Treasury are authorized to impose monetary penalties against agencies that violate the coastwise laws.
12. Amend § 102-117.155 by removing “46 App. U.S.C. 883”, “800-987-3524”, and “U.S. Customs Service” and adding “ 46 U.S.C. Chapter 551”, “202-336-4610”, and “U.S. Customs and Border Protection” in their places, respectively.
(d) Resources related to the transportation of freight are available on the Acquisition Gateway (
https://hallways.cap.gsa.gov/). See the Transportation and Logistics Services Hallway for information specific to shipping freight.
Where must I send a copy of the transportation documents?
(a) You must forward an original copy of all transportation documents to: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405, or email:
(b) For all property shipments subject to cargo preference laws (see § 102-117.140), a copy of the ocean carrier's bill of lading, showing all freight charges, must be sent to MARAD within 20 working days of the date of loading for shipments originating in the United States, the District of Columbia, its territories or possessions and within 30 working days for shipments originating outside the United States, the District of Columbia, its territories or possessions.
(a) You may calculate a cost comparison internally according to 41 CFR part 302-7.
(b) You may request GSA to perform the cost comparison if you participate in the CHAMP program by sending GSA the following information as far in advance as possible:
(1) Name of employee;
(2) Origin city, county, and State;
(3) Destination city, county, and State;
(4) Date of household goods pick up;
(5) Estimated weight of shipments;
(6) Number of days storage-in-transit (if applicable); and
(7) Other relevant data.
(c) For more information on cost comparisons contact the Employee Relocation Resource Center at
errc@gsa.gov.
a. Designating the Note to § 102-117.240 as Note 1 to § 102-117.240; and
b. In newly designated Note 1 to § 102-117.240, removing “Transportation and Temporary Storage of Household Goods and Professional Books, Papers, and Equipment (PBP&E)” and adding “Transportation and Temporary Storage of Household Goods, Professional Books, Papers, and Equipment, (PBP&E) and Baggage Allowance” in its place.
18. Amend § 102-117.250 by revising paragraph (b) to read as follows:
What are my responsibilities after shipping the household goods?
* * * * *
(b) Under the CHAMP program, you must counsel employees to fill out their portion of the GSA Form 3080, Household Goods Carrier Evaluation Report. This form reports the quality of the TSP's performance. TSPs generate the GSA Form 3080 within GSA's Transportation Management Services Solution (TMSS) system and send the employee a link to complete the form.
20. Amend § 102-117.270(a) by removing from the third sentence “Government Performance and Results Act (GPRA) of 1993” and adding “GPRA Modernization Act of 2010” in its place.
21. Amend § 102-117.300(b) by removing “on the Excluded Parties Lists System (EPLS) maintained by GSA at http://www.epls.gov
” and adding “on the System for Award Management (SAM) maintained by GSA at
https://sam.gov/
” in its place.
How does my agency ask for a delegation of authority to represent itself in a regulatory body proceeding?
You must email your request with enough detail to explain the circumstances surrounding the need for a delegation of authority for representation to
GSA-OGP-Transportationpolicy@gsa.gov.
What other types of assistance may GSA provide agencies in dealing with regulatory bodies?
* * * * *
(b) * * * For further information email
transportation.programs@gsa.gov
or contact: General Services Administration, Federal Acquisition Service, Office of Travel, Employee Relocation and Transportation, 1800 F Street NW, Washington, DC 20405.
No, however all agencies are strongly encouraged to report data by October 31 for the preceding fiscal year to GSA at
GSA-OGP-Transportationpolicy@gsa.gov.
What is the Government-wide Transportation Policy Council (GTPC)?
The Office of Government-wide Policy sponsors a Government-wide Transportation Policy Council (GTPC) to help agencies establish, improve, and maintain effective transportation
( printed page 32324)
management policies, practices and procedures. The council:
* * * * *
(b) Provides assistance to your agency with reporting your transportation activity to GSA.
a. In the definition of “Government Transportation Request (GTR) (Optional Form 1169)”, removing “charge card is not” and adding “charge card is not accepted by the TSP” in its place; and
b. In the definition of “Privately Owned Personal Property Government Bill of Lading”, removing “, Optional Form 1203,”.
36. Amend § 102-118.40(b) by revising the last sentence to read as follows:
Who is responsible for keeping my agency's electronic commerce transportation billing records?
* * * In addition, the GSA Transportation Audits Division keeps a central repository of electronic transportation billing records for legal and auditing purposes. Therefore, your agency must forward all relevant electronic transportation billing documents to
audit.policy@gsa.gov
or: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.
39. Amend § 102-118.90 by revising the third and fourth sentences to read as follows:
If my agency orders transportation and/or transportation services with a Government contractor issued charge card or charge account citation, is this subject to prepayment audit?
* * * As with all prepayment audit programs, the charge card prepayment audit must be approved by the GSA Transportation Audits Division prior to implementation. If the charge card contract does not provide for a prepayment audit, your agency must submit the transportation line items on the charge card to the GSA Transportation Audits Division for a postpayment audit.
Your agency must ensure during its prepayment audit of a TSP bill that, when required, the TSP filled out the Public Voucher for Transportation Charges, SF 1113, completely including the taxpayer identification number (TIN) and standard carrier alpha code (SCAC).
43. Amend § 102-118.105 by revising the last sentence to read as follows:
What are the major mandatory terms and conditions governing the use of GBLs and bills of lading?
* * * * *
( printed page 32325)
(a) * * *. An agency may choose not to require that an SF 1113 be attached to the bill of lading and invoice if the TSP submits invoices using the agency's approved third-party payment system (TPPS);
* * * * *
(d) * * * Only with the written concurrence of the Government official responsible for making the shipment is the deletion of this item considered to be valid;
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 and, when appropriate, an SF 1113, Public Voucher for Transportation Charges. * * *
How does my agency get an assigned set of GBL or GTR numbers?
GSA no longer assigns numbers to GBLs or GTRs. Pursuant to § 102-118.55(g) you must establish administrative procedures including creating a unique numbering system to prevent and detect duplicate payments. These procedures should include agency assigned unique numbers for GBLs and GTRs.
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—
audit.policy@gsa.gov
or General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.
* * * * *
53. Amend § 102-118.275 by revising paragraphs (c)(3) and (4) to read as follows:
What must my agency consider when developing a transportation prepayment audit program?
* * * * *
(c) * * *
(3) Use the services of a prepayment audit contractor under GSA's multiple award schedule covering audit services, including transportation prepayment audit services (541211 Auditing Services); or
(4) Use a third-party payment system (TPPS) or charge card company that includes prepayment audit functions.
* * * * *
54. Amend § 102-118.280 by revising paragraph (a)(1) to read as follows:
a. Removing from paragraph (e)(2) “General Records Schedule 9, Travel and Transportation ( 36 CFR 1228.22)” and adding “General Records Schedule 1.1
et seq.
(36 CFR chapter XII, part 1220)” in its place; and
b. Removing from paragraph (i) “3726(b)” and adding “3726(d)” in its place.
56. Amend § 102-118.415 by revising the last sentence to read as follows:
Are there statutory time limits for a TSP on filing an administrative claim with the GSA Transportation Audits Division?
Yes, an administrative claim must be received by the GSA Transportation Audits Division or its designee (the agency where the claim arose) within 3 years beginning the day after the latest of the following dates (except in time of war):
What if my agency fails to settle a dispute within 30 days?
(a) If your agency fails to settle a dispute within 30 days, the TSP may appeal to: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405; or electronically at:
https://tams.gsa.gov.
(b) If the TSP disagrees with the administrative settlement by the GSA Transportation Audits Division, the TSP may appeal to the Civilian Board of Contract Appeals.
How does my agency handle a voluntary refund submitted by a TSP?
(a) An agency must report all voluntary refunds to the GSA Transportation Audits Division (so that no Notice of Overcharge or financial offset occurs), unless other arrangements are made (
e.g.,
charge card refunds, etc.). These reports must be addressed to: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405; or via email to:
audits.policy@gsa.gov.
(b) Once a Notice of Overcharge is issued by the GSA Transportation Audits Division, then any refund is no longer considered voluntary and the agency must forward the refund to the GSA Transportation Audits Division.
Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?
* * * A 3-year limitation applies on the deduction of overcharges from amounts due a TSP (31 U.S.C. 3726). For ordinary debt there is no limitation on the period within which an offset may be initiated or taken (31 U.S.C. 3716).
Are there principles governing my agency's TSP debt collection procedures?
Yes, the principles governing your agency collection procedures for reporting debts to the Government Accountability Office (GAO) or the Department of Justice are found in 31 CFR chapter IX and in the GAO Policy and Procedures Manual for Guidance of Federal Agencies (
https://www.gao.gov/products/149099).
What is the required format that a TSP must use to file an administrative claim?
There is no required format for filing claims. TSPs should file a claim through TAMS or by sending the required information and documentation (see §§ 102-118.545 and 102-118.565) to GSA Transportation Audits Division—
qmcadocrequest@gsa.gov
or mail to: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.
If a TSP disagrees with the decision of my agency, can the TSP appeal?
Yes, the TSP may file a claim with the GSA Transportation Audits Division, which will review the TSP's appeal of your agency's final full or partial denial of a claim. The TSP may also appeal to the GSA Transportation Audits Division if your agency has not responded to a challenge within 30 days.
69. Amend § 102-118.580 by:
a. Revising the section heading;
b. Removing “The TSP must address requests:” and adding a sentence in its place in the introductory text; and
When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?
A TSP who disagrees with the Notice of Overcharge may submit a written request for reconsideration to the GSA Transportation Audits Division at: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405; or via email to
audits.policy@gsa.gov.
(a) TSPs must promptly refund amounts due to GSA, preferably by EFT. If an EFT is not used, checks must be made payable to “General Services Administration”, including the document reference number, TSP name, bill number(s), taxpayer identification number and standard carrier alpha code, then mailed to: General Services Administration, Government Lock Box 9006, 1005 Convention Plaza, St. Louis, MO 63101.
(b) If an EFT address is needed, please contact the GSA Transportation Audits Division at: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405; or via email to
audits.policy@gsa.gov.
Note 1 to § 102-118.630:
Amounts collected by GSA are returned to the Treasurer of the United States (31 U.S.C. 3726).
Can a TSP file an administrative claim on collection actions?
Yes, a TSP may file an administrative claim involving collection actions resulting from the transportation audit performed by the GSA directly with the GSA Transportation Audits Division. Any claims submitted to GSA will be considered “disputed claims” under section 4(b) of the Prompt Payment Act (31 U.S.C. 3901,
et seq.). The TSP must file all other transportation claims with the agency out of whose activities they arose. If this is not feasible (
e.g.,
where the responsible agency cannot be determined or is no longer in existence) claims may be sent to the GSA Transportation Audits Division for forwarding to the responsible agency or for direct settlement by the GSA Transportation Audits Division. Submit claims using Transportation Audits Management System (TAMS) at
https://tams.gsa.gov
or via mail: General Services Administration, Office of Travel, Employee Relocation and Transportation, Attn: Transportation Audits Division, 1800 F Street NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405.
80. Amend § 102-118.655 by—
a. Removing “Address requests:” and adding a sentence in its place in the introductory text; and