Federal Management Regulation (FMR); Transportation Payment and Audit, 59094-59102 [2015-24858]
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Proposed Rules
meets the consultation and funding
requirements of section 6 of the
Executive Order. This rule would not
have federalism implications and would
not impose substantial direct
compliance costs on state and local
governments or preempt state law
within the meaning of the Executive
Order.
List of Subjects for 24 CFR Part 60
Human research subjects, Reporting
and recordkeeping requirements.
Dated: September 9, 2015.
Katherine M. O’Regan,
Assistant Secretary for Policy Development
and Research.
[FR Doc. 2015–24831 Filed 9–30–15; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0455; FRL–9934–80Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; 2011 Base Year Inventories
for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for New
Castle and Sussex Counties
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve the
2011 base year inventories for the 2008
8-hour ozone National Ambient Air
Quality Standard (NAAQS) for New
Castle and Sussex Counties, submitted
by the State of Delaware as a revision to
the Delaware State Implementation Plan
(SIP). In the Final Rules section of this
Federal Register, EPA is approving the
State’s SIP submittal as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. The rationale for the
approval is set forth in the direct final
rule. A more detailed description of the
state submittal and EPA’s evaluation is
included in a Technical Support
Document (TSD) prepared in support of
this rulemaking action. A copy of the
TSD is available, upon request, from the
EPA Regional Office listed in the
ADDRESSES section of this document. If
no adverse comments are received in
response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
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SUMMARY:
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comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by November 2, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2015–0455 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2015–0455,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015–
0455. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
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of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: For
further information regarding
Delaware’s 2011 base year inventories
for the 2008 8-hour ozone NAAQS for
New Castle and Sussex Counties, please
see the information provided in the
direct final action with the same title,
located in the ‘‘Rules and Regulations’’
section of this Federal Register
publication.
Dated: September 17, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2015–24879 Filed 9–30–15; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 102–117 and 102–118
[FMR Case 2015–102–2; Docket 2015–0014;
Sequence 1]
RIN 3090–AJ59
Federal Management Regulation
(FMR); Transportation Payment and
Audit
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
GSA is proposing to amend
the Federal Management Regulation
(FMR), Transportation Payment and
Audit, to clarify agency and Department
of Defense (DOD) transportation
SUMMARY:
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payment and audit requirements. GSA
is also proposing to amend relevant
definitions as a result of these proposed
amendments. The FMR is written in
plain language to provide agencies with
updated regulatory material that is easy
to read and understand.
DATES: Submit comments on or before
November 30, 2015.
ADDRESSES: Submit comments
identified by FMR Case 2015–102–2,
Transportation Payment and Audit, by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by searching FMR
Case 2015–102–2. Select the link
‘‘Comment Now’’ that corresponds with
‘‘FMR Case 2015–102–2, Transportation
Payment and Audit’’. Follow the
instructions provided on the screen.
Please include your name, company
name (if any), and ‘‘FMR Case 2015–
102–2, Transportation Payment and
Audit’’ on your attached document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
Washington, DC 20405. ATTN: Ms.
Flowers/FMR Case 2015–102–2,
Transportation Payment and Audit.
Instructions: Please submit comments
only and cite ‘‘FMR Case 2015–102–2,
Transportation Payment and Audit’’ in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms. Lois
Mandell, Office of Government-wide
Policy, at 202–501–2735. Please cite
FMR Case 2015–102–2. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division (MVCB), 1800 F
Street NW., Washington, DC 20405,
202–501–4755.
SUPPLEMENTARY INFORMATION:
A. Background
Agencies are authorized to procure
transportation services either through
the Federal Acquisition Regulation
(FAR) by utilizing a contract, or via 49
U.S.C. 10721 (for rail transportation), 49
U.S.C. 13712 (for surface
transportation), and/or 49 U.S.C. 15504
(for pipeline transportation) by utilizing
rate tenders. It is critical that agencies
ensure that services received are
properly charged and that the payment
made is correct.
Over the past year, GSA, working
with the Governmentwide
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Transportation Policy Council (GTPC)
completed the first of a two-part phase
reviewing FMR Part 102–118,
Transportation Payment and Audit. The
GTPC is composed of representatives
from civilian agencies and the
Department of Defense and provides
guidance in the planning and
development of uniform transportation
policies and procedures.
The first phase focused on
transportation prepayment and
postpayment audits and reviewed FMR
Part 102–118 Subparts A (General), D
(Prepayment Audits of Transportation
Services), and E (Postpayment
Transportation Audits), resulting in this
proposed rule.
The Travel and Transportation
Reform Act of 1998 (Pub. L. 105–264)
established agency statutory
requirements for prepayment audits of
Federal agency and DoD transportation
expenses and GSA statutory authority
for audit oversight to protect the
interests of the Government.
This proposed rule clarifies and
strengthens the regulations for agency
compliance for transportation
prepayment audits and postpayment
audits.
The proposed rule also includes
updates to definitions in 41 CFR part
102–117, Transportation Management,
as a result of the proposed amendments
to FMR part 102–118.
The second phase, beginning January
2015, will continue the review process
for 41 CFR part 118, Transportation
Payment and Audit Subparts A
(General), B (Ordering and Paying for
Transportation and Transportation
Services), C (Use of Government Billing
Documents), and F (Claims and Appeals
Procedures).
B. Proposed Substantive Changes
GSA proposes to:
• Revise the definitions for ‘‘Agency’’,
‘‘Bill of lading’’, ‘‘Government bill of
lading’’, ‘‘Transportation document’’,
and ‘‘Transportation Service Provider’’,
remove the term and definition of
‘‘Release/declared value’’, and add the
term and definition ‘‘Declared value’’ in
FMR Part 102–117; and to revise the
definitions of the terms ‘‘Agency’’, ‘‘Bill
of lading’’, ‘‘Document reference
number’’, ‘‘Government bill of lading’’,
‘‘Government transportation request’’,
Offset’’, ‘‘Overcharge’’, ‘‘Postpayment
audit’’, Rate authority’’, ‘‘Reparation’’,
Standard Carrier Alpha Code’’,
‘‘Statement of difference’’,
‘‘Supplemental bill’’, ‘‘Transportation
document’’, and ‘‘Transportation
Service provider’’, remove the terms
‘‘Agency claim’’, ‘‘Transportation
service provider claim’’, and ‘‘Virtual
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GBL (VGBL)’’, and add the terms
‘‘Claim’’ and ‘‘Declared value’’ in FMR
Part 102–118 to ensure consistency.
• Strengthen agencies requirements
and responsibilities of transportation
prepayment audits and transportation
postpayment audit, submission
requirements to the GSA Transportation
Audits Division, and the required
information on all transportation
documentation.
• Clarify GSA Transportation Audit
roles and responsibilities.
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, will not
be subject to review under Section 6(b)
of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
proposed rule is not a major rule under
5 U.S.C. 804.
D. Regulatory Flexibility Act
These revisions are not substantive,
and therefore, this proposed rule would
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. The
proposed rule is also exempt from the
Administrative Procedure Act per 5
U.S.C. 553(a)(2), because it applies to
agency management or personnel.
E. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
F. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is also exempt
from Congressional review prescribed
under 5 U.S.C. 801 since it relates to
agency management or personnel.
List of Subjects
41 CFR Part 102–117
Freight, Government property
management, Moving of household
goods, Reporting and recordkeeping
requirements. Transportation.
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41 CFR Part 102–118
Accounting, Claims, Government
property management., Reporting and
recordkeeping requirements,
Transportation.
Dated: September 17, 2015.
Christine Harada,
Associate Administrator.
For the reasons set forth in the
preamble, GSA proposes to amend 41
CFR parts 102–117 and 102–118 as
follows:
PART 102–117—TRANSPORTATION
MANAGEMENT
1. The authority citation for 41 CFR
part 102–117 continues to read as
follows:
■
Authority: 31 U.S.C. 3726; 40 U.S.C.
121(c); 40 U.S.C. 501, et seq.; 46 U.S.C.
55305; 49 U.S.C. 40118.
2. Amend § 102–117.25 by—
a. Revising the definitions of
‘‘Agency’’ and ‘‘Bill of lading’’;
■ b. Adding, in alphabetical order, the
definition ‘‘Declared value’’;
■ c. Revising the definition of
‘‘Government bill of lading (GBL)’’;
■ d. Removing the definition ‘‘Release/
declared value’’; and
■ e. Revising the definitions of
‘‘Transportation document’’, and
‘‘Transportation service provider
(TSP)’’.
The revised and added text reads as
follows:
■
■
§ 102–117.25
part?
What definitions apply to this
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*
*
*
*
*
Agency means a department, agency,
and independent establishment in the
executive branch of the Government as
defined in 5 U.S.C. 101 et seq., and a
wholly-owned Government corporation
as defined in 31 U.S.C. 9101(3).
Bill of lading (BOL), sometimes
referred to as a commercial bill of
lading, but includes a Government bill
of lading (GBL), means the document
used as a receipt of goods, a contract of
carriage, and documentary evidence of
title.
*
*
*
*
*
Declared value, sometimes referred to
as released value,’’ means the assigned
value of the cargo for reimbursement
purposes and is stated in dollars.
Declared value may be more or less than
the actual value of the cargo. The
declared value is the maximum amount
that could be recovered by the agency in
the event of loss or damage for the
shipments of freight and household
goods. The statement of declared value
must be shown on any applicable tariff,
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tender, contract, bill of lading, or other
document covering the shipment.
*
*
*
*
*
Government bill of lading (GBL)
means the transportation document
used as a receipt of goods, evidence of
title, and a contract of carriage for
Government international shipments
(see Bill of Lading (BOL) definition).
*
*
*
*
*
Transportation document (TD) means
any executed document for
transportation service, such as a bill of
lading, a tariff, a tender, a contract, a
Government Transportation Request
(GTR), invoices, paid invoices, any
transportation bills, or other equivalent
documents, including electronic
documents.
*
*
*
*
*
Transportation service provider (TSP)
means any party, person, agent, or
carrier that provides freight, including
household goods, or passenger
transportation and related services to an
agency.
*
*
*
*
*
PART 102–118—TRANSPORTATION
PAYMENT AND AUDIT
3. The authority citation for 41 CFR
part 102–118 is revised to read as
follows:
■
Authority: 31 U.S.C. 3726; 40 U.S.C.
121(c); 40 U.S.C. 501, et seq.; 46 U.S.C.
55305; 49 U.S.C. 40118.
4. Revise § 102–118.10 to read as
follows:
■
§ 102–118.10
audit?
What is a transportation
A transportation audit is a thorough
review and validation of transportation
related documents and bills. The audit
must examine the validity, propriety,
and conformity of the charges or rates
with tariffs, quotations, contracts,
agreements, or tenders, as appropriate.
§ 102–118.15
[Amended]
5. Amend § 102–118.15 by removing
‘‘or people and/or’’ and adding ‘‘,
people or’’ in its place.
■ 6. Revise § 102–118.20 to read as
follows:
■
§ 102–118.20
Who is subject to this part?
This part applies to all agencies
(including the Department of Defense)
and TSPs defined in § 102–118.35, and
wholly-owned Government corporations
as defined in 31 U.S.C. 101, et seq. and
31 U.S.C. 9101(3). Your agency is
required to incorporate this part into its
internal regulations.
■ 7. Revise §§ 102–118.25 and 102–
118.30 to read as follows:
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§ 102–118.25 What must my agency
provide to GSA regarding its transportation
policies?
As part of the postpayment audit,
GSA may request to examine your
agency’s transportation prepayment
audit program and policies to verify the
performance of the prepayment audit.
GSA Transportation Audits Division
may suggest revisions of agencies audit
program or policies.
§ 102–118.30 Are Government-controlled
corporations bound by this part?
This part does not apply to
Government-controlled corporations
and mixed-ownership Government
corporations as defined in 31 U.S.C.
9101(1) and (2).
■ 8. Amend § 102–118.35 by—
■ a. Revising the definition ‘‘Agency’’;
■ b. Removing the definition ‘‘Agency
claim’’;
■ c. Revising the definition ‘‘Bill of
lading (BOL)’’;
■ d. Adding, in alphabetical order, the
definitions ‘‘Claim’’ and ‘‘Declared
value’’;
■ e. Revising the definitions ‘‘Document
Reference Number (DRN)’’,
‘‘Government bill of lading (GBL)’’,
‘‘Government contractor-issued charge
card’’, ‘‘Government Transportation
Request (GTR)’’, ‘‘Offset’’,
‘‘Overcharge’’, ‘‘Postpayment audit’’,
‘‘Prepayment audit’’, ‘‘Rate authority’’,
‘‘Reparation’’, ‘‘Standard Carrier Alpha
Code (SCAC)’’, ‘‘Statement of
difference’’, ‘‘Supplemental bill’’,
‘‘Transportation document (TD)’’
‘‘Transportation Service’’, and
‘‘Transportation Service provider
(TSP)’’;
■ f. Removing the definitions,
‘‘Transportation service provider claim’’
and ‘‘Virtual GBL (VGBL)’’; and
■ g. Revising the ‘‘Note’’ at the end of
the section. The revised and added text
reads as follows:
§ 102–118.35
part?
*
What definitions apply to this
*
*
*
*
Agency means a department, agency,
or instrumentality of the United States
Government (31 U.S.C. 101).
*
*
*
*
*
Bill of lading (BOL), sometimes
referred to as a commercial bill of
lading, but includes a Government bill
of lading (GBL), means the document
used as a receipt of goods, a contract of
carriage, and documentary evidence of
title.
*
*
*
*
*
Claim means—
(1) Any demand by an agency upon a
Transportation Service Provider (TSP)
for the payment of overcharges, ordinary
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debts, fines, penalties, administrative
fees, special charges, and interest; or
(2) Any demand by the TSP for
amounts not included in the original
bill that the TSP believes an agency
owes them. This includes amounts
deducted or offset by an agency;
amounts previously refunded by the
TSP, which is believed to be owed; and
any subsequent bills from the TSP
resulting from a transaction that was
prepayment or postpayment audited by
the GSA Transportation Audits
Division.
Declared value, sometimes referred to
as ‘‘released value,’’ means the assigned
value of the cargo for reimbursement
purposes and is stated in dollars.
Declared value may be more or less than
the actual value of the cargo. The
declared value is the maximum amount
that could be recovered by the agency in
the event of loss or damage for the
shipments of freight and household
goods. The statement of declared value
must be shown on any applicable tariff,
tender, contract, bill of lading, or other
document covering the shipment.
Document reference number (DRN)
means the unique number on a bill of
lading, Government Transportation
Request (GTR), or transportation ticket
used to track the movement of
shipments and individuals.
*
*
*
*
*
Government bill of lading (GBL)
means the transportation document
used as a receipt of goods, evidence of
title, and a contract of carriage for
Government international shipments
(see Bill of lading (BOL) definition).
Government contractor-issued charge
card means the charge card used by
authorized individuals to pay for official
travel and transportation related
expenses for which the contractor bills
the employee. This is different than a
centrally billed account paying for
official travel and transportation related
expenses for which the agency is billed.
Government Transportation Request
(GTR) means a Government document
used to procure common carrier
transportation services. A common
carrier is a carrier offering its services at
published rates to all persons for
interstate transportation. The document
obligates the Government to pay for
transportation services provided.
Offset means something that serves to
counterbalance or to compensate for
something else. These are funds owed to
a TSP that are not released by the
agency but instead used to repay the
agency for a debt incurred by the TSP.
*
*
*
*
*
Overcharge means those charges for
transportation that exceed those
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applicable under the executed
agreement for services such as bill of
lading (including a GBL), contract, rate
tender or a GTR.
Postpayment audit means an audit of
transportation billing documents, and
all related transportation documents
after payment, to decide their validity,
propriety, and conformity of rates with
tariffs, quotations, agreements,
contracts, or tenders. The audit process
may also include subsequent
adjustments and collection actions
taken against a TSP by the Government
(31 U.S.C. 3726).
Prepayment audit means an audit of
transportation billing documents before
payment to determine their validity,
propriety, and conformity of rates with
tariffs, quotations, agreements,
contracts, or tenders (31 U.S.C. 3726).
*
*
*
*
*
Rate authority means the document
that establishes the legal charges for a
transportation shipment. Charges
included in a rate authority are those
rates, fares, and charges for
transportation and related services
contained in tariffs, tenders, contracts,
bills of lading, and other equivalent
documents.
*
*
*
*
*
Reparation means a payment to or
from an agency to correct an improper
transportation billing involving a TSP.
Improper routing, overcharges, or
duplicate payments may cause such
improper billing. This is different from
a payment to settle a claim for loss and
damage.
Standard Carrier Alpha Code (SCAC)
is the unique four-letter code used to
identify American-based motor
transportation companies assigned by
the National Motor Freight Traffic
Association, Inc. Their Web site address
is https://www.NMFTA.org.
Statement of difference means a
statement issued by an agency or its
designated audit contractor during a
prepayment audit when there is a
discrepancy of the TSP amount billed
the agency to the TSP proper amount for
the services. This statement tells the
TSP on the invoice the amount allowed
and the basis for the proper charges. The
statement also cites the applicable rate
references and other data relied on for
support. The agency issues a separate
statement of difference(s) for each
transportation transaction.
Supplemental bill means the bill for
services that the TSP submits to the
agency for additional payment of the
services provided.
*
*
*
*
*
Transportation document (TD) means
any executed document for
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transportation service, such as a bill of
lading, a tariff, a tender, a contract, a
GTR, invoices, paid invoices, any
transportation bills, or other equivalent
documents, including electronic
documents.
Transportation service means service
involved in the physical movement
(from one location to another) of people,
household goods, and freight by a TSP
or a Third Party Logistics (3PL) entity
for an agency, as well as activities
directly relating to or supporting that
movement.
Transportation service provider (TSP)
means any party, person, agent, or
carrier that provides freight, including
household goods, or passenger
transportation and related services to an
agency.
Note to § 102–118.35: 15 U.S.C. 96, et seq.,
49 U.S.C. 13102, et seq., and 41 CFR Chapter
302 Federal Travel Regulation, defines
additional transportation terms not listed in
this section.
■
9. Revise Subpart D to read as follows:
Subpart D—Prepayment Audit of
Transportation Services
Agency Requirements for a Transportation
Prepayment Audit Program
Sec.
102–118.265 What is a prepayment audit?
102–118.270 Must my agency establish a
transportation prepayment audit
program, and how is it funded?
102–118.275 What must my agency
consider when developing a
transportation prepayment audit
program?
102–118.280 Must all transportation
payment records, whether they are
electronic or paper, undergo a
prepayment audit?
102–118.285 What must be included in my
agency’s transportation prepayment
audit program?
Agency Requirements With Transportation
Service Providers
102–118.290 Must my agency notify the
TSP of any adjustment to the TSP bill?
102–118.295 Does my agency transportation
prepayment audit program need to
establish appeal procedures?
102–118.300 What must my agency do if
the TSP disputes the findings and my
agency cannot resolve the dispute?
102–118.305 What information must be on
all transportation payment records that
have completed my agency’s prepayment
audit?
102–118.310 What does the GSA
Transportation Audits Division consider
when verifying an agency prepayment
audit program?
102–118.315 How does my agency contact
the GSA Transportation Audits Division?
102–118.320 What action should my agency
take if the agency’s transportation
prepayment audits program changes?
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Agency Certifying and Disbursing Officers
102–118.325 Does establishing an agency
Chief Financial Officer-approved
transportation prepayment audit
program change the responsibilities of
the certifying officers?
102–118.330 Does a transportation
prepayment audit waiver change any
liabilities of the certifying officer?
102–118.335 What relief from liability is
available for the certifying official under
a transportation postpayment audit?
102–118.340 Do the requirements of a
transportation prepayment audit change
the disbursing official’s liability for
overpayment?
102–118.345 Where does relief from
transportation prepayment audit liability
for certifying, accountable, and
disbursing officers reside in my agency?
Exemptions and Suspensions of the
Mandatory Transportation Prepayment
Audit Program
102–118.350 What agency has the authority
to grant an exemption from the
transportation prepayment audit
requirement?
102–118.355 How does my agency apply for
an exemption from a transportation
prepayment audit requirement?
102–118.360 How long will GSA take to
respond to an exemption request from a
transportation prepayment audit
requirement?
102–118.365 Can my agency renew an
exemption from the transportation
prepayment audit requirements?
102–118.370 Are my agency’s prepayment
audited transportation documentation
subject to periodic postpayment audit
oversight from the GSA Transportation
Audits Division?
102–118.375 Can GSA suspend my agency’s
transportation prepayment audit
program?
Subpart D—Prepayment Audit of
Transportation Services
Agency Requirements for a
Transportation Prepayment Audit
Program
§ 102–118.265
audit?
What is a prepayment
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Prepayment audit means a review of
transportation documentation before
payment to determine their validity,
propriety, and conformity of rates with
tariffs, quotations, agreements,
contracts, or tenders. Prepayment
auditing by your agency will detect and
eliminate billing errors before payment
(31 U.S.C. 3726).
§ 102–118.270 Must my agency establish a
transportation prepayment audit program,
and how is it funded?
(a) Yes, under 31 U.S.C. 3726, your
agency is required to establish a
transportation prepayment audit
program. GSA recommends your
agency’s Chief Financial Officer (CFO)
approve the prepayment audit program.
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(b) Your agency must pay for the
prepayment audit program from those
funds appropriated for transportation
services.
template is recommended. If the
template is not used, provide same
information listed on the template to
GSA Transportation Audits Division.
§ 102–118.275 What must my agency
consider when developing a transportation
prepayment audit program?
§ 102–118.280 Must all transportation
payment records, whether they are
electronic or paper, undergo a prepayment
audit?
(a) Your agency’s transportation
prepayment audit program must
consider all of the methods that your
agency uses to order and pay for
passenger, household goods, and freight
transportation to include Governmentissued credit cards (see § 102–118.35 for
definition of Government issued credit
cards).
(b) Each method of ordering
transportation and transportation
services for passenger, household goods,
and freight transportation may require a
different kind of prepayment audit
process. The manner in which your
agency orders or procures transportation
services determines how and by whom
the bill for those services will be
presented. Your agency should ensure
that each TSP bill or employee travel
voucher contains enough information
for the prepayment audit to determine
which contract or rate tender is used
and that the type and quantity of any
additional services are clearly
delineated.
(c) The prepayment audit cannot be
conducted by the same firm who is
providing transportation services for the
agency, such as a move manager.
Contracts with charge card companies
that provide prepayment audit services
are a valid option. The agency can
choose to—
(1) Create an internal prepayment
audit program;
(2) Contract directly with a
prepayment audit service provider;
(3) Use the services of a prepayment
audit contractor under GSA’s multiple
award schedule covering audit and
financial management services; or
(4) Use a Third-Party Payment System
or charge card company that includes
prepayment audit functions, such as
Syncada and Payport Express.
(d) An appeals process must be
established for a transportation service
provider (TSP) to appeal any reduction
in the amount billed. It is recommended
the agency establish an electronic
appeal process that will direct TSP-filed
appeals to an agency official for
determination of the claim.
(e) A process to ensure that all agency
transportation procurement and related
documents including contracts and
tenders are submitted to GSA
Transportation Audits Division.
(f) Use of GSA Transportation Audits
Division’s Prepayment Audit Program
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Yes, all transportation bills and
payment records, whether they are
electronic or paper, must undergo a
prepayment audit with the following
exceptions:
(a) Your agency’s prepayment audit
program uses a statistical sampling
technique of the bills. If your agency
chooses to use statistical sampling, all
bills must be
(1) At or below the Comptroller
General specified limit of $2,500.00 (31
U.S.C. 3521(b)); and
(2) In compliance with the U.S.
Government Accountability Office
Using Statistical Sampling (GAO/
PEMD–10.1.6), Rev. 1992, Chapter 7
Random Selection Procedures
obtainable from https://www.gao.gov; or
(b) The Administrator of General
Services grants your agency a specific
exemption from the prepayment audit
requirement which may include bills
determined to be below your agency’s
threshold, mode or modes of
transportation, or for an agency or
subagency.
§ 102–118.285 What must be included in
an agency’s transportation prepayment
audit program?
The agency prepayment audit
program must include—
(a) The agency’s CFO approval of the
transportation prepayment audit
program and submission to GSA
Transportation Audits Division;
(b) Compliance with the Prompt
Payment Act (31 U.S.C. 3901, et seq.);
(c) Assurance that each TSP bill or
employee travel voucher contains
appropriate information for the
prepayment audit to determine which
contract or rate tender is used and that
the type and quantity of any additional
services are clearly delineated;
(d) Verification of all transportation
bills against filed rates and charges
before payment;
(e)(1) A process to forward all
transportation documentation (TD)
monthly to the GSA Transportation
Audits Division. GSA Transportation
Audits Division can provide your
agency a Prepayment Audit Program
with a monthly reporting template upon
request at AskAudits@gsa.gov (see
§ 102–118.35 for definition of TD).
(2) GSA will store paid transportation
bills under the General Records
Schedule 9, Travel and Transportation
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(36 CFR Chapter XII, 1228.22), which
requires keeping records for 3 years.
GSA will arrange for storage of any
document requiring special handling,
such as bankruptcy and court cases.
These bills will be retained pursuant to
44 U.S.C. 3309 until claims have been
settled;
(f) Establish procedures in which
transportation bills not subject to
prepayment audit, such as bills for
unused tickets and charge card billings,
are handled separately and are also
forwarded monthly to the GSA
Transportation Audits Division;
(g) A minimum dollar threshold for
transportation bills subject to audit;
(h) For transportation payments made
through cost reimbursable contracts, the
agency must include a statement in the
contract or rate tender that the
contractor shall submit to the address
and in the electronic format identified
for prepayment audit, transportation
documents which show that the United
States will assume freight charges that
were paid by the contractor. Cost
reimbursable contractors shall only
submit for audit bills of lading with
freight shipment charges exceeding
$100.00. Bills under $100.00 shall be
retained on-site by the contractor and
made available for on-site Government
audits (Federal Acquisition Regulation
(FAR) 52.247–67);
(i) Require your agency’s paying office
to offset, if directed by GSA’s
Transportation Audits Division, debts
from amounts owed to the TSP within
the 3 years (31 U.S.C. 3726 (b));
(j) Complete accurate audits of all
transportation bills and notify the TSP
of any adjustment within 7 calendar
days of receipt of the bill;
(k) Establish an appeals process in the
approved prepayment audit program for
a TSP to appeal any reduction in the
amount billed. It is recommended that
the agency establish an electronic
appeal process that will direct TSP-filed
appeals to an agency official for
determination of the claim. Your agency
must complete the review of the appeal
and inform the TSP either electronically
or in writing the agency determination
within 30 calendar days.
(1) Create accurate notices and agency
procedures for notifying the TSPs with
a detailed description of the reasons for
any full or partial rejection of the stated
charges on the invoice. An accurate
notice must include the TSP’s invoice
number, the billed amount, Taxpayer
identification number (TIN), standard
carrier alpha code (SCAC) or other
agency unique identifier for the carrier,
the charges calculated by the agency,
the specific reasons including
applicable rate authority for the
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rejection, and information of the appeal
process; and
(2) Implement a unique agency
numbering system to handle
commercial paper and practices (see
§ 102–118.55 for information on
administrative procedures your agency
must establish).
Agency Requirements With
Transportation Service Providers
§ 102–118.290 Must my agency notify the
TSP of any adjustment to the TSP bill?
(a) Yes, your agency must notify the
TSP of any adjustment to the TSP bill
either electronically or in writing within
seven calendar days of the agency
receipt of the bill.
(b) This notice must refer to the—
(1) TSP’s bill number;
(2) Agency name;
(3) TSP’s TIN;
(4) SCAC or other agency identifier for
the carrier, such as the Department of
Defense Activity Address Code
(DODAC) number;
(5) Document reference number
(DRN);
(6) Date invoice submitted;
(7) Amount billed;
(8) Date invoice was approved for
payment;
(9) Date and amount agency paid;
(10) Payment location number and
agency organization name;
(11) Payment voucher number;
(12) Complete contract, tender or tariff
authority, including item or section
number; and
(13) Complete information on the
agency appeal process.
(c) A TSP must submit claims to the
agency within three years under the
guidelines established in subpart F of
this part.
§ 102–118.295 Does my agency
transportation prepayment audit program
need to establish appeal procedures?
Yes, your agency must establish, in
the approved prepayment audit
program, an appeals process for a TSP
to appeal any reduction in the amount
billed. It is recommended the agency
establish an electronic appeal process
that will direct TSP-filed appeals to an
agency official for determination of the
claim. Your agency must complete the
review of the appeal and inform the TSP
of the agency determination within 30
calendar days of the receipt of the
appeal, either electronically or in
writing.
§ 102–118.300 What must my agency do if
the TSP disputes the findings and my
agency cannot resolve the dispute?
(a) If your agency is unable to resolve
the disputed amount with the TSP, your
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agency must submit, within 30 calendar
days, all relevant transportation
documentation associated with the
dispute, including a complete billing
history and the appropriation or fund
charged, to GSA Transportation Audits
Division by email at AskAudits@
gsa.gov, or by mail to: U.S. General
Services Administration, 1800 F St.
NW., 3rd Floor, Mail Hub 3400,
Washington, DC 20405.
(b) The GSA Transportation Audits
Division will review the appeal of an
agency’s final, full, or partial denial of
a claim and issue a decision within 30
calendar days of receipt of appeal.
(c) A TSP must submit claims to the
agency within three years under the
guidelines established in subpart F of
this part.
§ 102–118.305 What information must be
on all transportation payment records that
have completed my agency’s prepayment
audit?
(a) The following information must be
annotated on all transportation payment
records, electronically or on paper, that
have completed your agency’s
prepayment audit and for submission to
GSA Transportation Audits Division:
(1) The date the bill was received
from a TSP;
(2) A TSP’s bill number;
(3) Your agency name;
(4) DRN;
(5) Amount billed;
(6) Date invoice was approved for
payment;
(7) Date and amount agency paid;
(8) Payment location code number
and office or organization name;
(9) Payment voucher number;
(10) Complete contract, tender or tariff
authority, including item or section
number;
(11) The TSP’s TIN;
(12) The TSP’s SCAC or other agency
identifier for the carrier, such as the
DODAC number;
(13) The auditor’s authorization code
or initials; and
(14) The date and copy of any
statement of difference sent to the TSP.
(b) Your agency can find added
guidance in the ‘‘U.S. Government
Freight Transportation Handbook.’’ This
handbook is located at www.gsa.gov/
transaudits.
§ 102–118.310 What does the GSA
Transportation Audits Division consider
when verifying an agency prepayment audit
program?
GSA Transportation Audit Division
bases verification of agency prepayment
audit programs on objective costsavings, paperwork reductions, current
audit standards, and other positive
improvements, as well as adherence to
the guidelines listed in this part.
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§ 102–118.315 How does my agency
contact the GSA Transportation Audits
Division?
(b) The overpayment was the result of
using improper transportation rates or
freight classifications or the failure to
deduct the correct amount under a land
grant law or agreement.
Your agency may contact the GSA
Transportation Audits Division at
AskAudit@gsa.gov.
§ 102–118.320 What action should my
agency take if the agency’s transportation
prepayment audits program changes?
(a) If your agency’s transportation
prepayment audit program changes in
any way to include changes in
prepayment auditors, your agency must
submit the CFO-approved revised
transportation prepayment audit
program to GSA Transportation Audits
Division via email at AskAudit@gsa.gov,
Subject line: Agency PPA-Revised.
(b) If GSA determines the agency’s
approved plan is insufficient, GSA will
contact the agency CFO to inform of the
prepayment audit program deficiencies
and request corrective action and
resubmission to GSA Transportation
Audits Division.
§ 102–118.340 Do the requirements of a
transportation prepayment audit change the
disbursing official’s liability for
overpayment?
No, the disbursing official has a
liability for overpayments on all
transportation bills subject to
prepayment audit (31 U.S.C. 3322).
§ 102–118.345 Where does relief from
transportation prepayment audit liability for
certifying, accountable, and disbursing
officers reside in my agency?
Your agency’s counsel has the
authority to relieve liability and give
advance opinions on liability issues to
certifying, accountable, and disbursing
officers (31 U.S.C. 3527).
Agency Certifying and Disbursing
Officers
Exemptions and Suspensions of the
Mandatory Transportation Prepayment
Audit Program
§ 102–118.325 Does establishing an
agency Chief Financial Officer-approved
transportation prepayment audit program
change the responsibilities of the certifying
officers?
§ 102–118.350 What agency has the
authority to grant an exemption from the
transportation prepayment audit
requirement?
No, in a prepayment audit program,
the official certifying a transportation
voucher is held liable for verifying
transportation rates, freight
classifications, and other information
provided on a transportation billing
instrument or transportation request
undergoing a prepayment audit (31
U.S.C. 3528).
Only the Administrator of General
Services or their designee has the
authority to grant an exemption for a
specific time period from the
prepayment audit requirement. The
Administrator may exempt bills, a
particular mode or modes of
transportation, or an agency or
subagency from a prepayment audit and
verification and in lieu thereof require
a postpayment audit, based on cost
effectiveness, public interest, or other
factors the Administrator considers
appropriate (31 U.S.C. 3726(a)(2)).
§ 102–118.330 Does a transportation
prepayment audit waiver change any
liabilities of the certifying officer?
Yes, a certifying official is not
personally liable for verifying
transportation rates, freight
classifications, or other information
provided on a bill of lading or passenger
transportation request when the
Administrator of General Services or
designee waives the prepayment audit
requirement and your agency uses
postpayment audits.
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 102–118.335 What relief from liability is
available for the certifying official under a
transportation postpayment audit?
The agency counsel relieves a
certifying official from liability for
transportation overpayments in cases
where postpayment is the approved
method of auditing; and
(a) The overpayment occurred solely
because the administrative review
before payment did not verify
transportation rates; and
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§ 102–118.355 How does my agency apply
for an exemption from a transportation
prepayment audit requirement?
Your agency must submit a request for
an exemption from the requirement to
perform transportation prepayment
audits by email to GSA-OGPTransportationpolicy@gsa.gov, Subject
Line: Prepayment Audit Exemption
Request. The agency exemption request
must explain in detail why the request
is submitted based on cost effectiveness,
public interest, or other factors the
Administrator considers appropriate,
such as transportation modes, dollar
thresholds, adversely affecting the
agency’s mission, or is not feasible (31
U.S.C. 3726(a)(2)).
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§ 102–118.360 How long will GSA take to
respond to an exemption request from a
transportation prepayment audit
requirement?
GSA will respond to the exemption
from the transportation prepayment
audit requirement request within 180
calendar days from the date of receipt.
§ 102–118.365 Can my agency renew an
exemption from the transportation
prepayment audit requirements?
Your agency exemption to the
transportation prepayment audit
requirements does not exceed the period
granted in the GSA issued exemption
letter. If your agency determines that it
will desire another exemption for the
transportation prepayment audit
requirements, your agency must submit
this request a minimum of six months
before the current exemption period
expires.
§ 102–118.370 Are my agency’s
prepayment audited transportation
documentation subject to periodic
postpayment audit oversight from the GSA
Transportation Audits Division?
Yes, all your agency’s prepayment
audited transportation documents are
subject to the GSA Transportation
Audits Division postpayment audit
oversight. Upon request, GSA
Transportation Audits Division will
provide a report analyzing your agency’s
prepayment audit program.
§ 102–118.375 Can GSA suspend my
agency’s transportation prepayment audit
program?
(a) Yes, the Director of the GSA
Transportation Audits Division may
suspend your agency’s transportation
prepayment audit program until the
agency corrects their prepayment audit
program deficiencies. This suspension
may be in whole or in part. If GSA
suspends your agency’s transportation
prepayment audit and GSA assumes
responsibility for auditing an agencies
prepayment audit program, the agency
will reimburse GSA for the expense.
(b) This suspension determination is
based on identification of a systematic
or frequent failure of the agency’s
transportation prepayment audit
program to—
(1) Conduct a prepayment audit of
your agency’s transportation bills;
(2) Abide by the terms of the Prompt
Payment Act (31 U.S.C. 3901, et seq.);
(c) Adjudicate TSP claims disputing
prepayment audit positions of the
agency regularly within 30 calendar
days of receipt;
(d) Follow Comptroller General
decisions, Civilian Board of Contract
Appeals decisions, the Federal
Management Regulation and GSA
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instructions or precedents about
substantive and procedure matters; and/
or
(e) Provide information and data or to
cooperate with on-site inspections
necessary to conduct a quality assurance
review.
■ 10. Revise Subpart E to read as
follows:
Subpart E—Postpayment Transportation
Audits
Sec.
102–118.400 What is a transportation
postpayment audit?
102–118.405 Who conducts a transportation
postpayment audit?
102–118.410 If agencies perform the
mandatory transportation prepayment
audit, will this eliminate the requirement
for a transportation postpayment audit
conducted by GSA?
102–118.415 Can the Administrator of
General Services exempt the
transportation postpayment audit
requirement?
102–118.420 Is my agency allowed to
perform a postpayment audit on our
transportation documents?
102–118.425 Is my agency required to
forward all transportation documents to
the GSA Transportation Audits Division,
and what information must be on these
documents?
102–118.430 What is the process the GSA
Transportation Audits Division employs
to conduct a postpayment audit?
102–118.435 What are the transportation
postpayment audit roles and
responsibilities of the GSA
Transportation Audits Division?
102–118.440 Does my agency pay for a
transportation postpayment audit
conducted by the GSA Transportation
Audits Division?
102–118.445 How do I contact the GSA
Transportation Audits Division?
Subpart E—Postpayment
Transportation Audits
§ 102–118.400 What is a transportation
postpayment audit?
Postpayment audit means an audit of
transportation billing documents after
payment to decide their validity,
propriety, and conformity of rates with
tariffs, quotations, agreements,
contracts, or tenders. The audit may also
include subsequent adjustments and
collections actions taken against a
transportation service provider (TSP) by
the Government (31 U.S.C. 3726).
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§ 102–118.405 Who conducts a
transportation postpayment audit?
The Administrator of General Services
(GSA) has a congressionally mandated
responsibility under 31 U.S.C. 3726 to
perform oversight on transportation
bills. The GSA Transportation Audits
Division accomplishes this oversight by
conducting postpayment audits of all
agencies’ transportation bills.
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§ 102–118.410 If agencies perform the
mandatory transportation prepayment
audit, will this eliminate the requirement for
a transportation postpayment audit
conducted by GSA?
No, agency compliance to the
mandatory transportation prepayment
audit does not eliminate the
requirement of the transportation
postpayment audit conducted by GSA
(31 U.S.C. 3726).
§ 102–118.415 Can the Administrator of
General Services exempt the transportation
postpayment audit requirement?
Yes, the Administrator of General
Services or designee may exempt, for a
specified time, an agency or subagency
from the GSA transportation
postpayment audit oversight
requirements of this subpart. The
Administrator can also exempt modes
(31 U.S.C. 3726).
§ 102–118.420 Is my agency allowed to
perform a postpayment audit on our
transportation documents?
No, your agency may not perform a
transportation postpayment audit unless
specifically directed to do so by the
Administrator in lieu of a prepayment
audit. Whether such an exemption is
granted or not, your agency must
forward all transportation documents
(TD) to GSA for postpayment audit (see
§ 102–118.35 for definition of TD).
§ 102–118.425 Is my agency required to
forward all transportation documents to
GSA Transportation Audits Division, and
what information must be on these
documents?
(a) Yes, your agency must provide all
TDs to GSA Transportation Audits
Division (see § 102–118.35 for definition
of TD).
(b) The following information must be
annotated on all TDs and bills that have
completed your agency’s prepayment
audit for submission to GSA
Transportation Audits Division:
(1) The date the bill was received
from a TSP;
(2) A TSP’s bill number;
(3) Your agency name;
(4) A Document Reference Number
(DRN);
(5) Amount billed;
(6) Date invoice was approved for
payment;
(7) Date and amount agency paid;
(8) Payment location code number
and office name;
(9) Payment voucher number;
(10) Complete contract, tender, or
tariff authority, including item or
section number;
(11) The TSP’s taxpayer identification
number (TIN);
(12) The TSP’s standard carrier alpha
code (SCAC) or other agency unique
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identifier for the carrier such as the
Department of Defense Activity Address
Code (DODAC) number;
(13) The auditor’s full name, email
address, contact telephone number, and
authorization code; and
(14) A copy of any statement of
difference sent to the TSP.
(c) Your agency can find additional
guidance in the ‘‘U.S. Government
Freight Transportation Handbook.’’ This
handbook is located at www.gsa.gov/
transaudits.
§ 102–118.430 What is the process the
GSA Transportation Audits Division
employs to conduct a postpayment audit?
The GSA Transportation Audits
Division:
(a) Audits select TSP bills after
payment;
(b) Audits select TSP bills before
payment as needed to protect the
Government’s interest;
(c) Examines, settles, and adjusts
accounts involving payment for
transportation and related services for
the account of agencies;
(d) Adjudicates and settles
transportation claims by and against
agencies;
(e) Offsets an overcharge by any TSP
from an amount subsequently found to
be due that TSP;
(f) Issues a Notice of Overcharge
stating that a TSP owes a debt to the
agency. This notice states the amount
paid and the basis for the proper charge
for the document reference number
(DRN), and cites applicable contract,
tariff, or tender, along with other data
relied on to support the overcharge; and
(g) Issues a GSA Notice of
Indebtedness when a TSP owes an
ordinary debt to an agency. This notice
states the basis for the debt, the TSP’s
rights, interest, penalty, and other
results of nonpayment. The debt is due
immediately and is subject to interest
charges, penalties, and administrative
cost under 31 U.S.C. 3717.
§ 102–118.435 What are the transportation
postpayment audit roles and
responsibilities of the GSA Transportation
Audits Division?
(a) The GSA Transportation Audits
Division role is to perform the oversight
responsibility of transportation
prepayment and postpayment granted to
the Administrator. The GSA
Transportation Audits Division will—
(1) Examine and analyze
transportation documents and payments
to discover their validity, relevance and
conformity with tariffs, quotations,
contracts, agreements, or tenders and
make adjustments to protect the interest
of an agency;
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(2) Examine, adjudicate, and settle
transportation claims by and against the
agency;
(3) Collect from TSPs by refund,
setoff, offset, or other means, the
amounts determined to be due the
agency;
(4) Adjust, terminate, or suspend
debts due on TSP overcharges;
(5) Prepare reports to the Attorney
General of the United States with
recommendations about the legal and
technical bases available for use in
prosecuting or defending suits by or
against an agency and provide technical,
fiscal, and factual data from relevant
records;
(6) Provide transportation specialists
and lawyers to serve as expert
witnesses; assist in pretrial conferences;
draft pleadings, orders, and briefs; and
participate as requested in connection
with transportation suits by or against
an agency;
(7) Review agency policies, programs,
and procedures to determine their
adequacy and effectiveness in the audit
of freight or passenger transportation
payments, and review related fiscal and
transportation practices;
(8) Furnish information on rates,
fares, routes, and related technical data
upon request;
(9) Inform an agency of irregular
shipping routing practices, inadequate
commodity descriptions, excessive
transportation cost authorizations, and
unsound principles employed in traffic
and transportation management; and
(10) Confer with individual TSPs or
related groups and associations
presenting specific modes of
transportation to resolve mutual
problems concerning technical and
accounting matters, and providing
information on requirements.
(b) The Administrator of General
Services may provide transportation
audit and related technical assistance
services, on a reimbursable basis, to any
other agency. Such reimbursements may
be credited to the appropriate revolving
fund or appropriation from which the
expenses were incurred (31 U.S.C.
3726(j)).
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 102–118.440 Does my agency pay for a
transportation postpayment audit
conducted by the GSA Transportation
Audits Division?
The GSA Transportation Audits
Division does not charge agencies a fee
for conducting the transportation
postpayment audit. Transportation
postpayment audits expenses are
financed from overpayments collected
from the TSP’s bills previously paid by
the agency and similar type of refunds.
However, if a postpayment audit is
VerDate Sep<11>2014
19:05 Sep 30, 2015
Jkt 238001
conducted in lieu of a prepayment audit
at the request of an agency, or if there
are additional services required, GSA
may charge the agency.
§ 102–118.445 How do I contact the GSA
Transportation Audits Division?
You may contact the GSA
Transportation Audits Division by email
at AskAudits@gsa.gov.
[FR Doc. 2015–24858 Filed 9–30–15; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 414
[CMS–3321–NC]
Request for Information Regarding
Implementation of the Merit-Based
Incentive Payment System, Promotion
of Alternative Payment Models, and
Incentive Payments for Participation in
Eligible Alternative Payment Models
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Request for information.
AGENCY:
Section 101 of the Medicare
Access and CHIP Reauthorization Act of
2015 (MACRA) repeals the Medicare
sustainable growth rate (SGR)
methodology for updates to the
physician fee schedule (PFS) and
replaces it with a new Merit-based
Incentive Payment System (MIPS) for
MIPS eligible professionals (MIPS EPs)
under the PFS. Section 101 of the
MACRA sunsets payment adjustments
under the current Physician Quality
Reporting System (PQRS), the ValueBased Payment Modifier (VM), and the
Electronic Health Records (EHR)
Incentive Program. It also consolidates
aspects of the PQRS, VM, and EHR
Incentive Program into the new MIPS.
Additionally, section 101 of the MACRA
promotes the development of
Alternative Payment Models (APMs) by
providing incentive payments for
certain eligible professionals (EPs) who
participate in APMs, by exempting EPs
from MIPS if they participate in APMs,
and by encouraging the creation of
physician-focused payment models
(PFPMs). In this request for information
(RFI), we seek public and stakeholder
input to inform our implementation of
these provisions.
DATES: To be assured consideration,
written or electronic comments must be
received at one of the addresses
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
provided below, no later than 5 p.m. on
November 2, 2015.
ADDRESSES: In commenting, refer to file
code CMS–3321–NC. Because of staff
and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–3321–
NC, P.O. Box 8016, Baltimore, MD
21244–8016.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–3321–
NC, Mail Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
your written comments ONLY to the
following addresses:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201
(Because access to the interior of the
Hubert H. Humphrey Building is not readily
available to persons without Federal
government identification, commenters are
encouraged to leave their comments in the
CMS drop slots located in the main lobby of
the building. A stamp-in clock is available for
persons wishing to retain a proof of filing by
stamping in and retaining an extra copy of
the comments being filed.)
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address, call
telephone number (410) 786–7195 in
advance to schedule your arrival with
one of our staff members.
Comments erroneously mailed to the
addresses indicated as appropriate for
hand or courier delivery may be delayed
and received after the comment period.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\01OCP1.SGM
01OCP1
]]>Agencies
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Proposed Rules]
[Pages 59094-59102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24858]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 102-117 and 102-118
[FMR Case 2015-102-2; Docket 2015-0014; Sequence 1]
RIN 3090-AJ59
Federal Management Regulation (FMR); Transportation Payment and
Audit
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: GSA is proposing to amend the Federal Management Regulation
(FMR), Transportation Payment and Audit, to clarify agency and
Department of Defense (DOD) transportation
[[Page 59095]]
payment and audit requirements. GSA is also proposing to amend relevant
definitions as a result of these proposed amendments. The FMR is
written in plain language to provide agencies with updated regulatory
material that is easy to read and understand.
DATES: Submit comments on or before November 30, 2015.
ADDRESSES: Submit comments identified by FMR Case 2015-102-2,
Transportation Payment and Audit, by any of the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by searching FMR
Case 2015-102-2. Select the link ``Comment Now'' that corresponds with
``FMR Case 2015-102-2, Transportation Payment and Audit''. Follow the
instructions provided on the screen. Please include your name, company
name (if any), and ``FMR Case 2015-102-2, Transportation Payment and
Audit'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405.
ATTN: Ms. Flowers/FMR Case 2015-102-2, Transportation Payment and
Audit.
Instructions: Please submit comments only and cite ``FMR Case 2015-
102-2, Transportation Payment and Audit'' in all correspondence related
to this case. All comments received will be posted without change to
https://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Lois Mandell, Office of Government-wide Policy, at 202-501-2735.
Please cite FMR Case 2015-102-2. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
(MVCB), 1800 F Street NW., Washington, DC 20405, 202-501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
Agencies are authorized to procure transportation services either
through the Federal Acquisition Regulation (FAR) by utilizing a
contract, or via 49 U.S.C. 10721 (for rail transportation), 49 U.S.C.
13712 (for surface transportation), and/or 49 U.S.C. 15504 (for
pipeline transportation) by utilizing rate tenders. It is critical that
agencies ensure that services received are properly charged and that
the payment made is correct.
Over the past year, GSA, working with the Governmentwide
Transportation Policy Council (GTPC) completed the first of a two-part
phase reviewing FMR Part 102-118, Transportation Payment and Audit. The
GTPC is composed of representatives from civilian agencies and the
Department of Defense and provides guidance in the planning and
development of uniform transportation policies and procedures.
The first phase focused on transportation prepayment and
postpayment audits and reviewed FMR Part 102-118 Subparts A (General),
D (Prepayment Audits of Transportation Services), and E (Postpayment
Transportation Audits), resulting in this proposed rule.
The Travel and Transportation Reform Act of 1998 (Pub. L. 105-264)
established agency statutory requirements for prepayment audits of
Federal agency and DoD transportation expenses and GSA statutory
authority for audit oversight to protect the interests of the
Government.
This proposed rule clarifies and strengthens the regulations for
agency compliance for transportation prepayment audits and postpayment
audits.
The proposed rule also includes updates to definitions in 41 CFR
part 102-117, Transportation Management, as a result of the proposed
amendments to FMR part 102-118.
The second phase, beginning January 2015, will continue the review
process for 41 CFR part 118, Transportation Payment and Audit Subparts
A (General), B (Ordering and Paying for Transportation and
Transportation Services), C (Use of Government Billing Documents), and
F (Claims and Appeals Procedures).
B. Proposed Substantive Changes
GSA proposes to:
Revise the definitions for ``Agency'', ``Bill of lading'',
``Government bill of lading'', ``Transportation document'', and
``Transportation Service Provider'', remove the term and definition of
``Release/declared value'', and add the term and definition ``Declared
value'' in FMR Part 102-117; and to revise the definitions of the terms
``Agency'', ``Bill of lading'', ``Document reference number'',
``Government bill of lading'', ``Government transportation request'',
Offset'', ``Overcharge'', ``Postpayment audit'', Rate authority'',
``Reparation'', Standard Carrier Alpha Code'', ``Statement of
difference'', ``Supplemental bill'', ``Transportation document'', and
``Transportation Service provider'', remove the terms ``Agency claim'',
``Transportation service provider claim'', and ``Virtual GBL (VGBL)'',
and add the terms ``Claim'' and ``Declared value'' in FMR Part 102-118
to ensure consistency.
Strengthen agencies requirements and responsibilities of
transportation prepayment audits and transportation postpayment audit,
submission requirements to the GSA Transportation Audits Division, and
the required information on all transportation documentation.
Clarify GSA Transportation Audit roles and
responsibilities.
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, will not be
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This proposed rule is not a major
rule under 5 U.S.C. 804.
D. Regulatory Flexibility Act
These revisions are not substantive, and therefore, this proposed
rule would 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. The proposed rule is also exempt
from the Administrative Procedure Act per 5 U.S.C. 553(a)(2), because
it applies to agency management or personnel.
E. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
F. Small Business Regulatory Enforcement Fairness Act
This proposed rule is also exempt from Congressional review
prescribed under 5 U.S.C. 801 since it relates to agency management or
personnel.
List of Subjects
41 CFR Part 102-117
Freight, Government property management, Moving of household goods,
Reporting and recordkeeping requirements. Transportation.
[[Page 59096]]
41 CFR Part 102-118
Accounting, Claims, Government property management., Reporting and
recordkeeping requirements, Transportation.
Dated: September 17, 2015.
Christine Harada,
Associate Administrator.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR parts 102-117 and 102-118 as follows:
PART 102-117--TRANSPORTATION MANAGEMENT
0
1. The authority citation for 41 CFR part 102-117 continues to read as
follows:
Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.
0
2. Amend Sec. 102-117.25 by--
0
a. Revising the definitions of ``Agency'' and ``Bill of lading'';
0
b. Adding, in alphabetical order, the definition ``Declared value'';
0
c. Revising the definition of ``Government bill of lading (GBL)'';
0
d. Removing the definition ``Release/declared value''; and
0
e. Revising the definitions of ``Transportation document'', and
``Transportation service provider (TSP)''.
The revised and added text reads as follows:
Sec. 102-117.25 What definitions apply to this part?
* * * * *
Agency means a department, agency, and independent establishment in
the executive branch of the Government as defined in 5 U.S.C. 101 et
seq., and a wholly-owned Government corporation as defined in 31 U.S.C.
9101(3).
Bill of lading (BOL), sometimes referred to as a commercial bill of
lading, but includes a Government bill of lading (GBL), means the
document used as a receipt of goods, a contract of carriage, and
documentary evidence of title.
* * * * *
Declared value, sometimes referred to as released value,'' means
the assigned value of the cargo for reimbursement purposes and is
stated in dollars. Declared value may be more or less than the actual
value of the cargo. The declared value is the maximum amount that could
be recovered by the agency in the event of loss or damage for the
shipments of freight and household goods. The statement of declared
value must be shown on any applicable tariff, tender, contract, bill of
lading, or other document covering the shipment.
* * * * *
Government bill of lading (GBL) means the transportation document
used as a receipt of goods, evidence of title, and a contract of
carriage for Government international shipments (see Bill of Lading
(BOL) definition).
* * * * *
Transportation document (TD) means any executed document for
transportation service, such as a bill of lading, a tariff, a tender, a
contract, a Government Transportation Request (GTR), invoices, paid
invoices, any transportation bills, or other equivalent documents,
including electronic documents.
* * * * *
Transportation service provider (TSP) means any party, person,
agent, or carrier that provides freight, including household goods, or
passenger transportation and related services to an agency.
* * * * *
PART 102-118--TRANSPORTATION PAYMENT AND AUDIT
0
3. The authority citation for 41 CFR part 102-118 is revised to read as
follows:
Authority: 31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et
seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.
0
4. Revise Sec. 102-118.10 to read as follows:
Sec. 102-118.10 What is a transportation audit?
A transportation audit is a thorough review and validation of
transportation related documents and bills. The audit must examine the
validity, propriety, and conformity of the charges or rates with
tariffs, quotations, contracts, agreements, or tenders, as appropriate.
Sec. 102-118.15 [Amended]
0
5. Amend Sec. 102-118.15 by removing ``or people and/or'' and adding
``, people or'' in its place.
0
6. Revise Sec. 102-118.20 to read as follows:
Sec. 102-118.20 Who is subject to this part?
This part applies to all agencies (including the Department of
Defense) and TSPs defined in Sec. 102-118.35, and wholly-owned
Government corporations as defined in 31 U.S.C. 101, et seq. and 31
U.S.C. 9101(3). Your agency is required to incorporate this part into
its internal regulations.
0
7. Revise Sec. Sec. 102-118.25 and 102-118.30 to read as follows:
Sec. 102-118.25 What must my agency provide to GSA regarding its
transportation policies?
As part of the postpayment audit, GSA may request to examine your
agency's transportation prepayment audit program and policies to verify
the performance of the prepayment audit. GSA Transportation Audits
Division may suggest revisions of agencies audit program or policies.
Sec. 102-118.30 Are Government-controlled corporations bound by this
part?
This part does not apply to Government-controlled corporations and
mixed-ownership Government corporations as defined in 31 U.S.C. 9101(1)
and (2).
0
8. Amend Sec. 102-118.35 by--
0
a. Revising the definition ``Agency'';
0
b. Removing the definition ``Agency claim'';
0
c. Revising the definition ``Bill of lading (BOL)'';
0
d. Adding, in alphabetical order, the definitions ``Claim'' and
``Declared value'';
0
e. Revising the definitions ``Document Reference Number (DRN)'',
``Government bill of lading (GBL)'', ``Government contractor-issued
charge card'', ``Government Transportation Request (GTR)'', ``Offset'',
``Overcharge'', ``Postpayment audit'', ``Prepayment audit'', ``Rate
authority'', ``Reparation'', ``Standard Carrier Alpha Code (SCAC)'',
``Statement of difference'', ``Supplemental bill'', ``Transportation
document (TD)'' ``Transportation Service'', and ``Transportation
Service provider (TSP)'';
0
f. Removing the definitions, ``Transportation service provider claim''
and ``Virtual GBL (VGBL)''; and
0
g. Revising the ``Note'' at the end of the section. The revised and
added text reads as follows:
Sec. 102-118.35 What definitions apply to this part?
* * * * *
Agency means a department, agency, or instrumentality of the United
States Government (31 U.S.C. 101).
* * * * *
Bill of lading (BOL), sometimes referred to as a commercial bill of
lading, but includes a Government bill of lading (GBL), means the
document used as a receipt of goods, a contract of carriage, and
documentary evidence of title.
* * * * *
Claim means--
(1) Any demand by an agency upon a Transportation Service Provider
(TSP) for the payment of overcharges, ordinary
[[Page 59097]]
debts, fines, penalties, administrative fees, special charges, and
interest; or
(2) Any demand by the TSP for amounts not included in the original
bill that the TSP believes an agency owes them. This includes amounts
deducted or offset by an agency; amounts previously refunded by the
TSP, which is believed to be owed; and any subsequent bills from the
TSP resulting from a transaction that was prepayment or postpayment
audited by the GSA Transportation Audits Division.
Declared value, sometimes referred to as ``released value,'' means
the assigned value of the cargo for reimbursement purposes and is
stated in dollars. Declared value may be more or less than the actual
value of the cargo. The declared value is the maximum amount that could
be recovered by the agency in the event of loss or damage for the
shipments of freight and household goods. The statement of declared
value must be shown on any applicable tariff, tender, contract, bill of
lading, or other document covering the shipment.
Document reference number (DRN) means the unique number on a bill
of lading, Government Transportation Request (GTR), or transportation
ticket used to track the movement of shipments and individuals.
* * * * *
Government bill of lading (GBL) means the transportation document
used as a receipt of goods, evidence of title, and a contract of
carriage for Government international shipments (see Bill of lading
(BOL) definition).
Government contractor-issued charge card means the charge card used
by authorized individuals to pay for official travel and transportation
related expenses for which the contractor bills the employee. This is
different than a centrally billed account paying for official travel
and transportation related expenses for which the agency is billed.
Government Transportation Request (GTR) means a Government document
used to procure common carrier transportation services. A common
carrier is a carrier offering its services at published rates to all
persons for interstate transportation. The document obligates the
Government to pay for transportation services provided.
Offset means something that serves to counterbalance or to
compensate for something else. These are funds owed to a TSP that are
not released by the agency but instead used to repay the agency for a
debt incurred by the TSP.
* * * * *
Overcharge means those charges for transportation that exceed those
applicable under the executed agreement for services such as bill of
lading (including a GBL), contract, rate tender or a GTR.
Postpayment audit means an audit of transportation billing
documents, and all related transportation documents after payment, to
decide their validity, propriety, and conformity of rates with tariffs,
quotations, agreements, contracts, or tenders. The audit process may
also include subsequent adjustments and collection actions taken
against a TSP by the Government (31 U.S.C. 3726).
Prepayment audit means an audit of transportation billing documents
before payment to determine their validity, propriety, and conformity
of rates with tariffs, quotations, agreements, contracts, or tenders
(31 U.S.C. 3726).
* * * * *
Rate authority means the document that establishes the legal
charges for a transportation shipment. Charges included in a rate
authority are those rates, fares, and charges for transportation and
related services contained in tariffs, tenders, contracts, bills of
lading, and other equivalent documents.
* * * * *
Reparation means a payment to or from an agency to correct an
improper transportation billing involving a TSP. Improper routing,
overcharges, or duplicate payments may cause such improper billing.
This is different from a payment to settle a claim for loss and damage.
Standard Carrier Alpha Code (SCAC) is the unique four-letter code
used to identify American-based motor transportation companies assigned
by the National Motor Freight Traffic Association, Inc. Their Web site
address is https://www.NMFTA.org.
Statement of difference means a statement issued by an agency or
its designated audit contractor during a prepayment audit when there is
a discrepancy of the TSP amount billed the agency to the TSP proper
amount for the services. This statement tells the TSP on the invoice
the amount allowed and the basis for the proper charges. The statement
also cites the applicable rate references and other data relied on for
support. The agency issues a separate statement of difference(s) for
each transportation transaction.
Supplemental bill means the bill for services that the TSP submits
to the agency for additional payment of the services provided.
* * * * *
Transportation document (TD) means any executed document for
transportation service, such as a bill of lading, a tariff, a tender, a
contract, a GTR, invoices, paid invoices, any transportation bills, or
other equivalent documents, including electronic documents.
Transportation service means service involved in the physical
movement (from one location to another) of people, household goods, and
freight by a TSP or a Third Party Logistics (3PL) entity for an agency,
as well as activities directly relating to or supporting that movement.
Transportation service provider (TSP) means any party, person,
agent, or carrier that provides freight, including household goods, or
passenger transportation and related services to an agency.
Note to Sec. 102-118.35: 15 U.S.C. 96, et seq., 49 U.S.C.
13102, et seq., and 41 CFR Chapter 302 Federal Travel Regulation,
defines additional transportation terms not listed in this section.
0
9. Revise Subpart D to read as follows:
Subpart D--Prepayment Audit of Transportation Services
Agency Requirements for a Transportation Prepayment Audit Program
Sec.
102-118.265 What is a prepayment audit?
102-118.270 Must my agency establish a transportation prepayment
audit program, and how is it funded?
102-118.275 What must my agency consider when developing a
transportation prepayment audit program?
102-118.280 Must all transportation payment records, whether they
are electronic or paper, undergo a prepayment audit?
102-118.285 What must be included in my agency's transportation
prepayment audit program?
Agency Requirements With Transportation Service Providers
102-118.290 Must my agency notify the TSP of any adjustment to the
TSP bill?
102-118.295 Does my agency transportation prepayment audit program
need to establish appeal procedures?
102-118.300 What must my agency do if the TSP disputes the findings
and my agency cannot resolve the dispute?
102-118.305 What information must be on all transportation payment
records that have completed my agency's prepayment audit?
102-118.310 What does the GSA Transportation Audits Division
consider when verifying an agency prepayment audit program?
102-118.315 How does my agency contact the GSA Transportation Audits
Division?
102-118.320 What action should my agency take if the agency's
transportation prepayment audits program changes?
[[Page 59098]]
Agency Certifying and Disbursing Officers
102-118.325 Does establishing an agency Chief Financial Officer-
approved transportation prepayment audit program change the
responsibilities of the certifying officers?
102-118.330 Does a transportation prepayment audit waiver change any
liabilities of the certifying officer?
102-118.335 What relief from liability is available for the
certifying official under a transportation postpayment audit?
102-118.340 Do the requirements of a transportation prepayment audit
change the disbursing official's liability for overpayment?
102-118.345 Where does relief from transportation prepayment audit
liability for certifying, accountable, and disbursing officers
reside in my agency?
Exemptions and Suspensions of the Mandatory Transportation Prepayment
Audit Program
102-118.350 What agency has the authority to grant an exemption from
the transportation prepayment audit requirement?
102-118.355 How does my agency apply for an exemption from a
transportation prepayment audit requirement?
102-118.360 How long will GSA take to respond to an exemption
request from a transportation prepayment audit requirement?
102-118.365 Can my agency renew an exemption from the transportation
prepayment audit requirements?
102-118.370 Are my agency's prepayment audited transportation
documentation subject to periodic postpayment audit oversight from
the GSA Transportation Audits Division?
102-118.375 Can GSA suspend my agency's transportation prepayment
audit program?
Subpart D--Prepayment Audit of Transportation Services
Agency Requirements for a Transportation Prepayment Audit Program
Sec. 102-118.265 What is a prepayment audit?
Prepayment audit means a review of transportation documentation
before payment to determine their validity, propriety, and conformity
of rates with tariffs, quotations, agreements, contracts, or tenders.
Prepayment auditing by your agency will detect and eliminate billing
errors before payment (31 U.S.C. 3726).
Sec. 102-118.270 Must my agency establish a transportation prepayment
audit program, and how is it funded?
(a) Yes, under 31 U.S.C. 3726, your agency is required to establish
a transportation prepayment audit program. GSA recommends your agency's
Chief Financial Officer (CFO) approve the prepayment audit program.
(b) Your agency must pay for the prepayment audit program from
those funds appropriated for transportation services.
Sec. 102-118.275 What must my agency consider when developing a
transportation prepayment audit program?
(a) Your agency's transportation prepayment audit program must
consider all of the methods that your agency uses to order and pay for
passenger, household goods, and freight transportation to include
Government-issued credit cards (see Sec. 102-118.35 for definition of
Government issued credit cards).
(b) Each method of ordering transportation and transportation
services for passenger, household goods, and freight transportation may
require a different kind of prepayment audit process. The manner in
which your agency orders or procures transportation services determines
how and by whom the bill for those services will be presented. Your
agency should ensure that each TSP bill or employee travel voucher
contains enough information for the prepayment audit to determine which
contract or rate tender is used and that the type and quantity of any
additional services are clearly delineated.
(c) The prepayment audit cannot be conducted by the same firm who
is providing transportation services for the agency, such as a move
manager. Contracts with charge card companies that provide prepayment
audit services are a valid option. The agency can choose to--
(1) Create an internal prepayment audit program;
(2) Contract directly with a prepayment audit service provider;
(3) Use the services of a prepayment audit contractor under GSA's
multiple award schedule covering audit and financial management
services; or
(4) Use a Third-Party Payment System or charge card company that
includes prepayment audit functions, such as Syncada and Payport
Express.
(d) An appeals process must be established for a transportation
service provider (TSP) to appeal any reduction in the amount billed. It
is recommended the agency establish an electronic appeal process that
will direct TSP-filed appeals to an agency official for determination
of the claim.
(e) A process to ensure that all agency transportation procurement
and related documents including contracts and tenders are submitted to
GSA Transportation Audits Division.
(f) Use of GSA Transportation Audits Division's Prepayment Audit
Program template is recommended. If the template is not used, provide
same information listed on the template to GSA Transportation Audits
Division.
Sec. 102-118.280 Must all transportation payment records, whether
they are electronic or paper, undergo a prepayment audit?
Yes, all transportation bills and payment records, whether they are
electronic or paper, must undergo a prepayment audit with the following
exceptions:
(a) Your agency's prepayment audit program uses a statistical
sampling technique of the bills. If your agency chooses to use
statistical sampling, all bills must be
(1) At or below the Comptroller General specified limit of
$2,500.00 (31 U.S.C. 3521(b)); and
(2) In compliance with the U.S. Government Accountability Office
Using Statistical Sampling (GAO/PEMD-10.1.6), Rev. 1992, Chapter 7
Random Selection Procedures obtainable from https://www.gao.gov; or
(b) The Administrator of General Services grants your agency a
specific exemption from the prepayment audit requirement which may
include bills determined to be below your agency's threshold, mode or
modes of transportation, or for an agency or subagency.
Sec. 102-118.285 What must be included in an agency's transportation
prepayment audit program?
The agency prepayment audit program must include--
(a) The agency's CFO approval of the transportation prepayment
audit program and submission to GSA Transportation Audits Division;
(b) Compliance with the Prompt Payment Act (31 U.S.C. 3901, et
seq.);
(c) Assurance that each TSP bill or employee travel voucher
contains appropriate information for the prepayment audit to determine
which contract or rate tender is used and that the type and quantity of
any additional services are clearly delineated;
(d) Verification of all transportation bills against filed rates
and charges before payment;
(e)(1) A process to forward all transportation documentation (TD)
monthly to the GSA Transportation Audits Division. GSA Transportation
Audits Division can provide your agency a Prepayment Audit Program with
a monthly reporting template upon request at AskAudits@gsa.gov (see
Sec. 102-118.35 for definition of TD).
(2) GSA will store paid transportation bills under the General
Records Schedule 9, Travel and Transportation
[[Page 59099]]
(36 CFR Chapter XII, 1228.22), which requires keeping records for 3
years. GSA will arrange for storage of any document requiring special
handling, such as bankruptcy and court cases. These bills will be
retained pursuant to 44 U.S.C. 3309 until claims have been settled;
(f) Establish procedures in which transportation bills not subject
to prepayment audit, such as bills for unused tickets and charge card
billings, are handled separately and are also forwarded monthly to the
GSA Transportation Audits Division;
(g) A minimum dollar threshold for transportation bills subject to
audit;
(h) For transportation payments made through cost reimbursable
contracts, the agency must include a statement in the contract or rate
tender that the contractor shall submit to the address and in the
electronic format identified for prepayment audit, transportation
documents which show that the United States will assume freight charges
that were paid by the contractor. Cost reimbursable contractors shall
only submit for audit bills of lading with freight shipment charges
exceeding $100.00. Bills under $100.00 shall be retained on-site by the
contractor and made available for on-site Government audits (Federal
Acquisition Regulation (FAR) 52.247-67);
(i) Require your agency's paying office to offset, if directed by
GSA's Transportation Audits Division, debts from amounts owed to the
TSP within the 3 years (31 U.S.C. 3726 (b));
(j) Complete accurate audits of all transportation bills and notify
the TSP of any adjustment within 7 calendar days of receipt of the
bill;
(k) Establish an appeals process in the approved prepayment audit
program for a TSP to appeal any reduction in the amount billed. It is
recommended that the agency establish an electronic appeal process that
will direct TSP-filed appeals to an agency official for determination
of the claim. Your agency must complete the review of the appeal and
inform the TSP either electronically or in writing the agency
determination within 30 calendar days.
(1) Create accurate notices and agency procedures for notifying the
TSPs with a detailed description of the reasons for any full or partial
rejection of the stated charges on the invoice. An accurate notice must
include the TSP's invoice number, the billed amount, Taxpayer
identification number (TIN), standard carrier alpha code (SCAC) or
other agency unique identifier for the carrier, the charges calculated
by the agency, the specific reasons including applicable rate authority
for the rejection, and information of the appeal process; and
(2) Implement a unique agency numbering system to handle commercial
paper and practices (see Sec. 102-118.55 for information on
administrative procedures your agency must establish).
Agency Requirements With Transportation Service Providers
Sec. 102-118.290 Must my agency notify the TSP of any adjustment to
the TSP bill?
(a) Yes, your agency must notify the TSP of any adjustment to the
TSP bill either electronically or in writing within seven calendar days
of the agency receipt of the bill.
(b) This notice must refer to the--
(1) TSP's bill number;
(2) Agency name;
(3) TSP's TIN;
(4) SCAC or other agency identifier for the carrier, such as the
Department of Defense Activity Address Code (DODAC) number;
(5) Document reference number (DRN);
(6) Date invoice submitted;
(7) Amount billed;
(8) Date invoice was approved for payment;
(9) Date and amount agency paid;
(10) Payment location number and agency organization name;
(11) Payment voucher number;
(12) Complete contract, tender or tariff authority, including item
or section number; and
(13) Complete information on the agency appeal process.
(c) A TSP must submit claims to the agency within three years under
the guidelines established in subpart F of this part.
Sec. 102-118.295 Does my agency transportation prepayment audit
program need to establish appeal procedures?
Yes, your agency must establish, in the approved prepayment audit
program, an appeals process for a TSP to appeal any reduction in the
amount billed. It is recommended the agency establish an electronic
appeal process that will direct TSP-filed appeals to an agency official
for determination of the claim. Your agency must complete the review of
the appeal and inform the TSP of the agency determination within 30
calendar days of the receipt of the appeal, either electronically or in
writing.
Sec. 102-118.300 What must my agency do if the TSP disputes the
findings and my agency cannot resolve the dispute?
(a) If your agency is unable to resolve the disputed amount with
the TSP, your agency must submit, within 30 calendar days, all relevant
transportation documentation associated with the dispute, including a
complete billing history and the appropriation or fund charged, to GSA
Transportation Audits Division by email at AskAudits@gsa.gov, or by
mail to: U.S. General Services Administration, 1800 F St. NW., 3rd
Floor, Mail Hub 3400, Washington, DC 20405.
(b) The GSA Transportation Audits Division will review the appeal
of an agency's final, full, or partial denial of a claim and issue a
decision within 30 calendar days of receipt of appeal.
(c) A TSP must submit claims to the agency within three years under
the guidelines established in subpart F of this part.
Sec. 102-118.305 What information must be on all transportation
payment records that have completed my agency's prepayment audit?
(a) The following information must be annotated on all
transportation payment records, electronically or on paper, that have
completed your agency's prepayment audit and for submission to GSA
Transportation Audits Division:
(1) The date the bill was received from a TSP;
(2) A TSP's bill number;
(3) Your agency name;
(4) DRN;
(5) Amount billed;
(6) Date invoice was approved for payment;
(7) Date and amount agency paid;
(8) Payment location code number and office or organization name;
(9) Payment voucher number;
(10) Complete contract, tender or tariff authority, including item
or section number;
(11) The TSP's TIN;
(12) The TSP's SCAC or other agency identifier for the carrier,
such as the DODAC number;
(13) The auditor's authorization code or initials; and
(14) The date and copy of any statement of difference sent to the
TSP.
(b) Your agency can find added guidance in the ``U.S. Government
Freight Transportation Handbook.'' This handbook is located at
www.gsa.gov/transaudits.
Sec. 102-118.310 What does the GSA Transportation Audits Division
consider when verifying an agency prepayment audit program?
GSA Transportation Audit Division bases verification of agency
prepayment audit programs on objective cost-savings, paperwork
reductions, current audit standards, and other positive improvements,
as well as adherence to the guidelines listed in this part.
[[Page 59100]]
Sec. 102-118.315 How does my agency contact the GSA Transportation
Audits Division?
Your agency may contact the GSA Transportation Audits Division at
AskAudit@gsa.gov.
Sec. 102-118.320 What action should my agency take if the agency's
transportation prepayment audits program changes?
(a) If your agency's transportation prepayment audit program
changes in any way to include changes in prepayment auditors, your
agency must submit the CFO-approved revised transportation prepayment
audit program to GSA Transportation Audits Division via email at
AskAudit@gsa.gov, Subject line: Agency PPA-Revised.
(b) If GSA determines the agency's approved plan is insufficient,
GSA will contact the agency CFO to inform of the prepayment audit
program deficiencies and request corrective action and resubmission to
GSA Transportation Audits Division.
Agency Certifying and Disbursing Officers
Sec. 102-118.325 Does establishing an agency Chief Financial Officer-
approved transportation prepayment audit program change the
responsibilities of the certifying officers?
No, in a prepayment audit program, the official certifying a
transportation voucher is held liable for verifying transportation
rates, freight classifications, and other information provided on a
transportation billing instrument or transportation request undergoing
a prepayment audit (31 U.S.C. 3528).
Sec. 102-118.330 Does a transportation prepayment audit waiver change
any liabilities of the certifying officer?
Yes, a certifying official is not personally liable for verifying
transportation rates, freight classifications, or other information
provided on a bill of lading or passenger transportation request when
the Administrator of General Services or designee waives the prepayment
audit requirement and your agency uses postpayment audits.
Sec. 102-118.335 What relief from liability is available for the
certifying official under a transportation postpayment audit?
The agency counsel relieves a certifying official from liability
for transportation overpayments in cases where postpayment is the
approved method of auditing; and
(a) The overpayment occurred solely because the administrative
review before payment did not verify transportation rates; and
(b) The overpayment was the result of using improper transportation
rates or freight classifications or the failure to deduct the correct
amount under a land grant law or agreement.
Sec. 102-118.340 Do the requirements of a transportation prepayment
audit change the disbursing official's liability for overpayment?
No, the disbursing official has a liability for overpayments on all
transportation bills subject to prepayment audit (31 U.S.C. 3322).
Sec. 102-118.345 Where does relief from transportation prepayment
audit liability for certifying, accountable, and disbursing officers
reside in my agency?
Your agency's counsel has the authority to relieve liability and
give advance opinions on liability issues to certifying, accountable,
and disbursing officers (31 U.S.C. 3527).
Exemptions and Suspensions of the Mandatory Transportation Prepayment
Audit Program
Sec. 102-118.350 What agency has the authority to grant an exemption
from the transportation prepayment audit requirement?
Only the Administrator of General Services or their designee has
the authority to grant an exemption for a specific time period from the
prepayment audit requirement. The Administrator may exempt bills, a
particular mode or modes of transportation, or an agency or subagency
from a prepayment audit and verification and in lieu thereof require a
postpayment audit, based on cost effectiveness, public interest, or
other factors the Administrator considers appropriate (31 U.S.C.
3726(a)(2)).
Sec. 102-118.355 How does my agency apply for an exemption from a
transportation prepayment audit requirement?
Your agency must submit a request for an exemption from the
requirement to perform transportation prepayment audits by email to
GSA-OGP-Transportationpolicy@gsa.gov, Subject Line: Prepayment Audit
Exemption Request. The agency exemption request must explain in detail
why the request is submitted based on cost effectiveness, public
interest, or other factors the Administrator considers appropriate,
such as transportation modes, dollar thresholds, adversely affecting
the agency's mission, or is not feasible (31 U.S.C. 3726(a)(2)).
Sec. 102-118.360 How long will GSA take to respond to an exemption
request from a transportation prepayment audit requirement?
GSA will respond to the exemption from the transportation
prepayment audit requirement request within 180 calendar days from the
date of receipt.
Sec. 102-118.365 Can my agency renew an exemption from the
transportation prepayment audit requirements?
Your agency exemption to the transportation prepayment audit
requirements does not exceed the period granted in the GSA issued
exemption letter. If your agency determines that it will desire another
exemption for the transportation prepayment audit requirements, your
agency must submit this request a minimum of six months before the
current exemption period expires.
Sec. 102-118.370 Are my agency's prepayment audited transportation
documentation subject to periodic postpayment audit oversight from the
GSA Transportation Audits Division?
Yes, all your agency's prepayment audited transportation documents
are subject to the GSA Transportation Audits Division postpayment audit
oversight. Upon request, GSA Transportation Audits Division will
provide a report analyzing your agency's prepayment audit program.
Sec. 102-118.375 Can GSA suspend my agency's transportation
prepayment audit program?
(a) Yes, the Director of the GSA Transportation Audits Division may
suspend your agency's transportation prepayment audit program until the
agency corrects their prepayment audit program deficiencies. This
suspension may be in whole or in part. If GSA suspends your agency's
transportation prepayment audit and GSA assumes responsibility for
auditing an agencies prepayment audit program, the agency will
reimburse GSA for the expense.
(b) This suspension determination is based on identification of a
systematic or frequent failure of the agency's transportation
prepayment audit program to--
(1) Conduct a prepayment audit of your agency's transportation
bills;
(2) Abide by the terms of the Prompt Payment Act (31 U.S.C. 3901,
et seq.);
(c) Adjudicate TSP claims disputing prepayment audit positions of
the agency regularly within 30 calendar days of receipt;
(d) Follow Comptroller General decisions, Civilian Board of
Contract Appeals decisions, the Federal Management Regulation and GSA
[[Page 59101]]
instructions or precedents about substantive and procedure matters;
and/or
(e) Provide information and data or to cooperate with on-site
inspections necessary to conduct a quality assurance review.
0
10. Revise Subpart E to read as follows:
Subpart E--Postpayment Transportation Audits
Sec.
102-118.400 What is a transportation postpayment audit?
102-118.405 Who conducts a transportation postpayment audit?
102-118.410 If agencies perform the mandatory transportation
prepayment audit, will this eliminate the requirement for a
transportation postpayment audit conducted by GSA?
102-118.415 Can the Administrator of General Services exempt the
transportation postpayment audit requirement?
102-118.420 Is my agency allowed to perform a postpayment audit on
our transportation documents?
102-118.425 Is my agency required to forward all transportation
documents to the GSA Transportation Audits Division, and what
information must be on these documents?
102-118.430 What is the process the GSA Transportation Audits
Division employs to conduct a postpayment audit?
102-118.435 What are the transportation postpayment audit roles and
responsibilities of the GSA Transportation Audits Division?
102-118.440 Does my agency pay for a transportation postpayment
audit conducted by the GSA Transportation Audits Division?
102-118.445 How do I contact the GSA Transportation Audits Division?
Subpart E--Postpayment Transportation Audits
Sec. 102-118.400 What is a transportation postpayment audit?
Postpayment audit means an audit of transportation billing
documents after payment to decide their validity, propriety, and
conformity of rates with tariffs, quotations, agreements, contracts, or
tenders. The audit may also include subsequent adjustments and
collections actions taken against a transportation service provider
(TSP) by the Government (31 U.S.C. 3726).
Sec. 102-118.405 Who conducts a transportation postpayment audit?
The Administrator of General Services (GSA) has a congressionally
mandated responsibility under 31 U.S.C. 3726 to perform oversight on
transportation bills. The GSA Transportation Audits Division
accomplishes this oversight by conducting postpayment audits of all
agencies' transportation bills.
Sec. 102-118.410 If agencies perform the mandatory transportation
prepayment audit, will this eliminate the requirement for a
transportation postpayment audit conducted by GSA?
No, agency compliance to the mandatory transportation prepayment
audit does not eliminate the requirement of the transportation
postpayment audit conducted by GSA (31 U.S.C. 3726).
Sec. 102-118.415 Can the Administrator of General Services exempt the
transportation postpayment audit requirement?
Yes, the Administrator of General Services or designee may exempt,
for a specified time, an agency or subagency from the GSA
transportation postpayment audit oversight requirements of this
subpart. The Administrator can also exempt modes (31 U.S.C. 3726).
Sec. 102-118.420 Is my agency allowed to perform a postpayment audit
on our transportation documents?
No, your agency may not perform a transportation postpayment audit
unless specifically directed to do so by the Administrator in lieu of a
prepayment audit. Whether such an exemption is granted or not, your
agency must forward all transportation documents (TD) to GSA for
postpayment audit (see Sec. 102-118.35 for definition of TD).
Sec. 102-118.425 Is my agency required to forward all transportation
documents to GSA Transportation Audits Division, and what information
must be on these documents?
(a) Yes, your agency must provide all TDs to GSA Transportation
Audits Division (see Sec. 102-118.35 for definition of TD).
(b) The following information must be annotated on all TDs and
bills that have completed your agency's prepayment audit for submission
to GSA Transportation Audits Division:
(1) The date the bill was received from a TSP;
(2) A TSP's bill number;
(3) Your agency name;
(4) A Document Reference Number (DRN);
(5) Amount billed;
(6) Date invoice was approved for payment;
(7) Date and amount agency paid;
(8) Payment location code number and office name;
(9) Payment voucher number;
(10) Complete contract, tender, or tariff authority, including item
or section number;
(11) The TSP's taxpayer identification number (TIN);
(12) The TSP's standard carrier alpha code (SCAC) or other agency
unique identifier for the carrier such as the Department of Defense
Activity Address Code (DODAC) number;
(13) The auditor's full name, email address, contact telephone
number, and authorization code; and
(14) A copy of any statement of difference sent to the TSP.
(c) Your agency can find additional guidance in the ``U.S.
Government Freight Transportation Handbook.'' This handbook is located
at www.gsa.gov/transaudits.
Sec. 102-118.430 What is the process the GSA Transportation Audits
Division employs to conduct a postpayment audit?
The GSA Transportation Audits Division:
(a) Audits select TSP bills after payment;
(b) Audits select TSP bills before payment as needed to protect the
Government's interest;
(c) Examines, settles, and adjusts accounts involving payment for
transportation and related services for the account of agencies;
(d) Adjudicates and settles transportation claims by and against
agencies;
(e) Offsets an overcharge by any TSP from an amount subsequently
found to be due that TSP;
(f) Issues a Notice of Overcharge stating that a TSP owes a debt to
the agency. This notice states the amount paid and the basis for the
proper charge for the document reference number (DRN), and cites
applicable contract, tariff, or tender, along with other data relied on
to support the overcharge; and
(g) Issues a GSA Notice of Indebtedness when a TSP owes an ordinary
debt to an agency. This notice states the basis for the debt, the TSP's
rights, interest, penalty, and other results of nonpayment. The debt is
due immediately and is subject to interest charges, penalties, and
administrative cost under 31 U.S.C. 3717.
Sec. 102-118.435 What are the transportation postpayment audit roles
and responsibilities of the GSA Transportation Audits Division?
(a) The GSA Transportation Audits Division role is to perform the
oversight responsibility of transportation prepayment and postpayment
granted to the Administrator. The GSA Transportation Audits Division
will--
(1) Examine and analyze transportation documents and payments to
discover their validity, relevance and conformity with tariffs,
quotations, contracts, agreements, or tenders and make adjustments to
protect the interest of an agency;
[[Page 59102]]
(2) Examine, adjudicate, and settle transportation claims by and
against the agency;
(3) Collect from TSPs by refund, setoff, offset, or other means,
the amounts determined to be due the agency;
(4) Adjust, terminate, or suspend debts due on TSP overcharges;
(5) Prepare reports to the Attorney General of the United States
with recommendations about the legal and technical bases available for
use in prosecuting or defending suits by or against an agency and
provide technical, fiscal, and factual data from relevant records;
(6) Provide transportation specialists and lawyers to serve as
expert witnesses; assist in pretrial conferences; draft pleadings,
orders, and briefs; and participate as requested in connection with
transportation suits by or against an agency;
(7) Review agency policies, programs, and procedures to determine
their adequacy and effectiveness in the audit of freight or passenger
transportation payments, and review related fiscal and transportation
practices;
(8) Furnish information on rates, fares, routes, and related
technical data upon request;
(9) Inform an agency of irregular shipping routing practices,
inadequate commodity descriptions, excessive transportation cost
authorizations, and unsound principles employed in traffic and
transportation management; and
(10) Confer with individual TSPs or related groups and associations
presenting specific modes of transportation to resolve mutual problems
concerning technical and accounting matters, and providing information
on requirements.
(b) The Administrator of General Services may provide
transportation audit and related technical assistance services, on a
reimbursable basis, to any other agency. Such reimbursements may be
credited to the appropriate revolving fund or appropriation from which
the expenses were incurred (31 U.S.C. 3726(j)).
Sec. 102-118.440 Does my agency pay for a transportation postpayment
audit conducted by the GSA Transportation Audits Division?
The GSA Transportation Audits Division does not charge agencies a
fee for conducting the transportation postpayment audit. Transportation
postpayment audits expenses are financed from overpayments collected
from the TSP's bills previously paid by the agency and similar type of
refunds. However, if a postpayment audit is conducted in lieu of a
prepayment audit at the request of an agency, or if there are
additional services required, GSA may charge the agency.
Sec. 102-118.445 How do I contact the GSA Transportation Audits
Division?
You may contact the GSA Transportation Audits Division by email at
AskAudits@gsa.gov.
[FR Doc. 2015-24858 Filed 9-30-15; 8:45 am]
BILLING CODE 6820-14-P
