Federal Management Regulation; Transportation Payment and Audit Regulations, 12296-12301 [2024-02791]
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Proposed Rules
Table 2 includes information
concerning whether the full site is
proposed for deletion from the NPL or
a description of the area, media or
Operable Units (OUs) of the NPL site
proposed for partial deletion from the
NPL, and an email address to which
public comments may be submitted if
the commenter does not comment using
https://www.regulations.gov.
TABLE 2
Site name
Full site deletion (full) or media/parcels/description
for partial deletion
Allied Paper, Inc./Portage Ck/Kalamazoo River ...............
A portion of land/soil from OU 2, the Area East of Davis
Creek and the Non-Easement Portion of the Area
East of Davis Creek Extension Area of the Willow
Boulevard/A-Site (WB/A-Site).
Three residential properties ............................................
400-acre industrial park (OU–5) .....................................
Full ...................................................................................
Soils, sediments and surface water portions of OU 1
and OU 3.
South Minneapolis Residential Soil Contamination ..........
Libby Asbestos .................................................................
Lipari Landfill .....................................................................
Sapp Battery Salvage .......................................................
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion from the NPL
does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of a site from
the NPL does not affect responsible
party liability in the unlikely event that
future conditions warrant further
actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Larry Douchand,
Office Director, Office of Superfund
Remediation and Technology Innovation.
[FR Doc. 2024–03004 Filed 2–15–24; 8:45 am]
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GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–118
[FMR Case 2023–02; Docket No. GSA–FMR–
2023–0014; Sequence No. 1]
RIN 3090–AK73
Federal Management Regulation;
Transportation Payment and Audit
Regulations
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
The United States General
Services Administration (GSA) proposes
to amend the Federal Management
Regulation (FMR) to effectuate
fundamental changes including
removing, adding, and modifying
definitions, eliminating gender
pronouns, streamlining requirements,
and revising statutory references. These
changes are needed to provide accurate
information for agencies to properly
manage and comply with transportation
invoice payment and audit
requirements.
SUMMARY:
Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before April 16,
2024 to be considered in the formation
of the proposed rule.
ADDRESSES: Submit comments in
response to FMR Case 2023–02 to
Regulations.gov at https://
www.regulations.gov via the Federal
eRulemaking portal by searching for
‘‘FMR Case 2023–02’’. Select the link
‘‘Comment Now’’ that corresponds with
FMR Case 2023–02. Follow the
instructions provided at the ‘‘Comment
Now’’ screen. Please include your name,
company name (if any), and ‘‘FMR Case
DATES:
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E-mail address for
public comments
Cibulskis.karen@epa.gov.
Cibulskis.karen@epa.gov.
Zinner.dania@epa.gov.
Mitchell.tanya@epa.gov.
Spalvins.erik@epa.gov.
2023–02’’ on your attached document. If
your comment cannot be submitted
using https://www.regulations.gov, call
or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Instructions: Please submit comments
only and cite FMR Case 2023–02, in all
correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check https://www.regulations.gov,
approximately two to three days after
submission to verify posting.
FOR FURTHER INFORMATION CONTACT: Mr.
Ron Siegel, Policy Analyst, at 202–702–
0840 for clarification of content. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Please cite FMR Case 2023–02.
SUPPLEMENTARY INFORMATION:
I. Background
The Travel and Transportation
Reform Act of 1998 (Pub. L. 105–264)
established the statutory requirement for
agencies to perform an audit of
transportation expenses prior to
payment, granted the Administrator of
GSA the authority to prescribe
regulations for the audit of
transportation invoices prior to
payment, and the statutory authority for
audit oversight to protect the financial
interests of the Government (31 U.S.C.
3726). GSA has codified these
requirements in 41 CFR 102–118,
Transportation Payment and Audit
(Federal Management Regulation (FMR)
part 102–118).
GSA last amended FMR part 102–118
on May 31, 2022 (87 FR 32320), to
perform editorial and technical changes.
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That direct final rule introduced the
GSA Transportation Audit Management
System (TAMS), corrected inaccurate
and outdated information, and removed
obsolete references to programs, legal
citations, and forms. It revised general
contact information, corrected
hyperlinks, clarified conditions for
using certain forms and revised
outdated and inaccurate administrative
procedures.
GSA is proposing amendments to
FMR part 102–118. These amendments
include modifying definitions that
apply to this part, which include the
incorporation of previously undefined
terms such as Civilian Board of Contract
Appeals (CBCA), refund, and
Transportation Audits Management
System (TAMS). Furthermore,
definitions of forms used exclusively by
the GSA Transportation Audits Division
will be removed from individual
sections and added to the definitions,
while terms such as EDI signature,
reparation, statement of difference
rebuttal, and virtual Government Bill of
Lading (GBL), which are defined but not
referenced in this part, will be removed.
Additionally, certain definitions will be
modified to enhance clarity, including
for the terms cash, Government
contractor issued charge card, and
offset. This proposed rule will
standardize the terminology used to
reference Government contractor issued
charge cards and will include
definitions for the two types of charge
cards that the Government may use to
procure transportation: individually
billed travel cards and agency purchase
cards.
This proposed rule provides further
clarification on the role of TAMS and its
benefit to transportation service
providers (TSPs), specifically when
filing certain claims. It also outlines the
circumstances under which Federal
agencies use TAMS. Additionally, when
agencies submit their paid
transportation invoices and other
documentation through TAMS, it allows
the GSA Transportation Audits Division
to maintain and store these
transportation records in accordance
with the General Records Schedule.
Thanks to the convenience of email
and the efficiency of TAMS, GSA no
longer requires physical documents to
be sent via the United States Postal
Service mail monthly. Consequently,
physical mailing addresses are being
removed from this FMR part. This
change is expected to reduce costs for
agencies, streamline the reporting
process, and eliminate the need for
mailing documents to the GSA
Transportation Audits Division. It will
also simplify the claims filing process
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for TSPs that want to file a claim with
the GSA Transportation Audits
Division.
GSA is proposing to grant agencies
some discretion in the use of a GBL for
domestic shipping. Currently, the
regulation restricts GBL usage to
international or domestic overseas
shipments. The changes outlined in this
rulemaking would permit agencies to
execute a GBL when the agency
considers it necessary. Furthermore, this
rulemaking clarifies that a bill of lading
can be utilized to procure both
transportation and transportation
services.
This proposed rule builds upon the
changes introduced in the direct final
rule that was published on May 31,
2022 at 87 FR 32320. That rule
eliminated unnecessary procedures for
agencies to request Government Bill of
Lading (GBL) and Government
Transportation Request (GTR) forms,
along with their corresponding control
numbers. GSA is proposing
amendments to this FMR part that will
provide agencies with additional
information regarding the requirement
to assign numbers to these forms and to
manage and track each issued GBL and
GTR transportation document.
This proposed rule updates the
requirement for agencies to provide a
copy of each quotation, tender, or
contract of special rates, fares, charges,
or concessions with TSPs to the GSA
Transportation Audits Division. The
proposed revision adds the requirement
for agencies to send copies of rates
provided by pipeline carriers as well.
Furthermore, this rulemaking clarifies
that the Director of the GSA
Transportation Audits Division has the
authority to conduct postpayment
audits on any agency paid
transportation invoice, oversee agency
prepayment audit programs, settle
accounts, and initiate collection
activities.
Finally, GSA is also updating
information, including correcting legal
references related to actions by and
against the Government. The revised
information corrects authorities that
apply to time limits for filing freight
charges, loss and damage claims, and
filing claims against a TSP for the
collection of overcharges. It is also
important to note that this proposed
rule would also remove gender
pronouns from this FMR part.
II. Executive Orders 12866, 13563, and
14094
Executive Order (E.O.) 12866
(Regulatory Planning and Review)
directs agencies to assess all costs and
benefits of available regulatory
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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 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. E.O. 14094
(Modernizing Regulatory Review)
amends section 3(f) of Executive Order
12866 and supplements and reaffirms
the principles, structures, and
definitions governing contemporary
regulatory review established in E.O.
12866 and E.O. 13563. The Office of
Management and Budget’s Office of
Information and Regulatory Affairs
(OIRA) has determined that this
rulemaking is not a significant
regulatory action and, therefore, it is not
subject to review under section 6(b) of
E.O. 12866.
III. Regulatory Flexibility Act
GSA does not expect this proposed
rule to 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. This proposed rule is also
exempt from the Administrative
Procedure Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency
management or personnel. Therefore, an
Initial Regulatory Flexibility Analysis
has not been performed.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FMR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that requires the approval of the
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 102–118
Accounting, Claims, Government
property management, Reporting and
recordkeeping requirements,
Transportation.
Krystal J. Brumfield,
Associate Administrator, Office of
Government-wide Policy.
Therefore, GSA proposes to amend 41
CFR part 102–118 as set forth below:
PART 102–118—TRANSPORTATION
PAYMENT AND AUDIT
1. The authority citation for 41 CFR
part 102–118 continues to read as
follows:
■
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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.
§ 102–118.25
[Amended]
2. Amend § 102–118.25 by removing
the words ‘‘may request’’ and adding the
words ‘‘is required’’ in their place.
■ 3. Amend § 102–118.35 by:
■ a. Adding, in alphabetical order, the
definitions ‘‘ACH (automated
clearinghouse)’’ and ‘‘Agency purchase
card’’,
■ b. Revising the definition of ‘‘Cash’’;
■ c. Adding, in alphabetical order, the
definitions of ‘‘Certificate of Settlement’’
and ‘‘Civilian Board of Contract Appeals
(CBCA)’’;
■ d. Removing the definition of ‘‘EDI
signature’’;
■ e. Revising the definition of
‘‘Government contractor issued charge
card’’;
■ f. Adding, in alphabetical order, the
definitions of ‘‘Individually billed travel
card’’, ‘‘Notice of Indebtedness’’, and
‘‘Notice of Overcharge’’;
■ g. Revising the definition of ‘‘Offset’’;
■ h. Adding the definition of ‘‘Refund’’;
■ i. Removing the definition of
‘‘Reparation’’;
■ j. Revising the definition of
‘‘Statement of difference’’;
■ k. Removing the definition of
‘‘Statement of difference rebuttal’’;
■ l. Adding the definition of
‘‘Transportation Audits Management
System (TAMS)’’; and
■ m. Removing the definition of
‘‘Virtual GBL (VGBL)’’.
The additions and revisions read as
follows:
■
§ 102–118.35
part?
What definitions apply to this
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*
*
*
*
ACH (automated clearinghouse)
means a nationwide network through
which depository institutions send each
other batches of electronic credit and
debit transfers.
*
*
*
*
*
Agency purchase card means a charge
card used by an authorized agency
purchaser to procure, order, and pay for
supplies and services.
*
*
*
*
*
Cash means cash, personal checks,
personal charge/credit cards, and
traveler’s checks.
Certificate of Settlement means a
formal notice to an agency that provides
a complete explanation of any amount
that is disallowed. GSA produces and
transmits the Certificate of Settlement
(GSA Form 7931) to the agency whose
funds are to be charged for processing
and payment.
Civilian Board of Contract Appeals
(CBCA) means an independent court
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within GSA that settles transportation
payment claims disputes between
Federal agencies and transportation
service providers (TSPs). For additional
information on the CBCA see https://
www.cbca.gov/.
*
*
*
*
*
Government contractor issued charge
card means an individually billed travel
card or an agency purchase card.
*
*
*
*
*
Individually billed travel 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 from a centrally billed
account paying for official travel and
transportation related expenses for
which the agency is billed.
Notice of Indebtedness means a
formal notice issued to a TSP that 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.
Notice of Overcharge means a formal
notice to a TSP that owes a debt to the
agency. It shows the TSP 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.
Offset means withholding money
from a payment. In this part, money
withheld refers to the funds owed a TSP
that are not released by the agency but
instead used to repay the Government
for a debt incurred by the TSP.
*
*
*
*
*
Refund means the amount collected
from outside sources for payments made
in error, overpayment, or adjustments
for previous amounts disbursed.
*
*
*
*
*
Statement of difference means a
statement issued by an agency or its
designated audit contractor during a
prepayment audit when it has been
determined that a TSP has billed the
agency for more than the proper amount
for the services. This statement tells the
TSP 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 for each transportation
transaction. This can be an electronic
process.
*
*
*
*
*
Transportation Audits Management
System (TAMS) means the GSA’s cloudbased postpaid transportation invoice
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auditing solution for Federal agencies
and TSPs.
*
*
*
*
*
§ 102–118.40
[Amended]
4. Amend § 102–118.40 by:
a. In paragraph (a), removing the
words ‘‘Government contractor-issued
charge card, purchase order (or
electronic equivalent), or a Government
bill of lading for international
shipments (including domestic overseas
shipments)’’ and adding the words
‘‘Government contractor issued charge
card, purchase order (or electronic
equivalent), or a bill of lading including
a Government bill of lading’’ in their
place; and
■ b. In paragraph (b), removing the
words ‘‘Government issued charge card
(or centrally billed travel account
citation), Government issued individual
travel charge card, personal charge
card,’’ and adding the words
‘‘Government contractor issued charge
card, centrally billed travel account,
personal charge/credit card,’’ in their
place.
■
■
§ 102–118.45
[Amended]
5. Amend § 102–118.45 by:
a. In paragraph (a)(1)(i), removing the
words ‘‘Government issued agency
charge card’’ and adding the words
‘‘Government contractor issued charge
card’’ in their place;
■ b. In paragraph (a)(3)(i), removing the
words ‘‘Contractor issued individual
travel charge card’’ and adding the
words ‘‘Government contractor issued
charge card (individually billed travel
card)’’ in their place; and
■ c. In paragraph (a)(3)(ii), removing the
words ‘‘Personal charge card’’ and
adding the words ‘‘Personal charge/
credit card’’ in their place.
■
■
§ 102–118.50
[Amended]
6. Amend § 102–118.50 by:
a. In paragraph (a), removing the
citation ‘‘(31 U.S.C. 3332, et)’’ and
adding the citation ‘‘(31 U.S.C. 3332, et
seq.)’’ in its place; and
■ b. In paragraph (c), removing the
citation ‘‘(31 CFR part 208)’’ and adding
the citation ‘‘31 CFR part 208’’ in its
place.
■ 7. Revise § 102–118.75 to read as
follows:
■
■
§ 102–118.75 What if my agency or the
TSP does not have an account with a
financial institution or approved payment
agent?
Under 31 U.S.C. 3332, et seq., your
agency must obtain an account with a
financial institution or approved
payment agent in order to meet the
statutory requirements to make all
Federal payments via EFT unless your
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agency receives a waiver from the
Department of the Treasury. To obtain a
waiver, your agency must contact the
Secretary of the Treasury. For
information visit: https://www.fiscal.
treasury.gov/
■ 8. Amend § 102–118.80 by revising
the third sentence to read as follows:
§ 102–118.80 Who is responsible for
keeping my agency’s electronic commerce
transportation billing records?
* * * Therefore, your agency must
utilize the Transportation Audits
Management System (TAMS) (https://
tams.gsa.gov) to submit all relevant
electronic transportation billing
documents or submit via email to:
QMCATariffs@gsa.gov.
■ 9. Revise § 102–118.115 to read as
follows:
§ 102–118.115
GBL?
Must my agency use a
[Amended]
10. Amend § 102–118.130 by
removing the last sentence.
■
§ 102–118.150
§ 102–118.255 Are GBL and GTR forms
numbered and used sequentially?
Yes, GBLs and GTRs must be
sequentially numbered by agencies
when used.
§ 102–118.260 Must my agency send all
quotations, tenders, or contracts with a TSP
to GSA?
14. Amend § 102–118.260 by revising
paragraph (a) to read as follows:
(a) Yes, your agency must send a copy
of each quotation, tender, or contract of
special rates, fares, charges, or
concessions with TSPs including those
authorized by 49 U.S.C. 10721, 13712,
and 15504 upon execution to
qmcatariffs@gsa.gov.
*
*
*
*
*
■ 15. Amend § 102–118.285 by:
■ a. Revising paragraph (e);
■ b. Removing paragraph(f); and
■ c. Redesignating paragraphs (g)
through (m) as paragraphs (f) through
(l), respectively.
The revisions read as follows:
■
No. Your agency is required to use
commercial payment practices to the
maximum extent possible. Your agency
may use a GBL as needed for domestic
shipments and should use a GBL for
international shipments. When used for
shipments, a GBL is a receipt of goods,
evidence of title, and a contract of
carriage for Government shipments and
was developed to protect the interest of
the U.S. Government.
§ 102–118.130
and account for these documents when
necessary.
■ 13. Revise § 102–118.255 to read as
follows:
[Amended]
11. Amend § 102–118.150 by, in
paragraph (a), removing the last
sentence.
■ 12. Revise § 102–118.235 to read as
follows:
■
§ 102–118.235 Must my agency keep
physical control and accountability of the
GBL and GTR forms or GBL and GTR
numbers?
Yes, your agency is responsible for the
physical control, use, and accountability
of GBLs and GTRs and must have
procedures in place to track, manage,
§ 102–118.285 What must be included in
an agency’s transportation prepayment
audit program?
*
*
*
*
*
(e) Agencies must use GSA
Transportation Audits Division’s
electronic commerce system, TAMS, to
fulfill all monthly reporting
requirements. Filing all documents
through TAMS ensures that GSA
Transportation Audits Division will
properly maintain and store
transportation records, including paid
transportation bills, in accordance with
the General Records Schedule 1.1 et
seq., (36 CFR chapter XII, part 1220).
GSA will also 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.
*
*
*
*
*
§ 102–118.300
[Amended]
16. Amend § 102–118.300 by, in
paragraph(a), removing the words ‘‘by
email at Audit.Policy@gsa.gov, or by
mail to: U.S. General Services
Administration, 1800 F St. NW, 3rd
Floor, Mail Hub 3400, Washington, DC
20405.’’ and adding the words ‘‘via
TAMS (https://tams.gsa.gov), or by
email to Audit.Policy@gsa.gov.’’ in their
place.
■ 17. Amend § 102–118.425 by revising
paragraph (a) to read as follows:
■
§ 102–118.425 Is my agency required to
forward all transportation documents (TDs)
to GSA Transportation Audits Division, and
what information must be on these
documents?
(a) Yes, your agency must provide all
TDs, via TAMS, to GSA Transportation
Audits Division (see § 102–118.35 for
the definition of TD).
*
*
*
*
*
§ 102–118.430
[Amended]
18. Amend § 102–118.430 by:
a. In paragraph (f), removing the
second sentence; and
■ b. In paragraph (g), removing the
second and third sentences.
■
■
§ 102–118.435
[Amended]
19. Amend § 102–118.435 by, in
paragraph (a)(7), removing the words
‘‘freight or passenger’’ and adding the
word ‘‘all’’ in their place.
■
§ 102–118.440
[Amended]
20. Amend § 102–118.440 by, in the
second sentence, removing the word
‘‘type’’ and adding the word ‘‘types’’ in
its place.
■ 21. Revise § 102–118.455 to read as
follows:
■
§ 102–118.455 What is the time limit for a
TSP to file a transportation claim against
my agency?
The time limits on a TSP
transportation claim against the
Government differ by mode as shown in
the following table:
TIME LIMITS ON ACTIONS TAKEN BY TSP
Freight charges
(years)
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Mode
(a) Air Domestic ......................................................................................................
(b) Air International .................................................................................................
(c) Freight Forwarders (Subject to title 49 chapter 135) ........................................
(d) Motor .................................................................................................................
(e) Rail ....................................................................................................................
(f) Water (Subject to title 49 chapter 135) ..............................................................
(g) Water (Not subject to title 49 chapter 135) .......................................................
(h) TSPs not specified in any of the above categories ..........................................
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49
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49
46
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U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
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2401, 2501.
14705(f).
14705(f).
11705(f).
14705(f).
30905.
2401, 2501.
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§ 102–118.460 What is the time limit for my
agency to file a court claim with a TSP for
freight charges, refund of overpayment, and
loss or damage to the property?
22. Revise § 102–118.460 to read as
follows:
■
and may involve freight charges. The
following tables list the time limits:
Statutory time limits vary depending
on the mode and the service involved
(a) TIME LIMITS ON ACTIONS TAKEN BY THE FEDERAL GOVERNMENT AGAINST TSPS
Mode
Freight charges
(1) Rail .............................................................................
(2) Motor ..........................................................................
Refund for overpayment
(5) Water (Not subject to title 49 chapter 135) ...............
3 years; 49
3 years; 49
14705(f).
3 years; 49
14705(f).
3 years; 49
14705(f).
6 years; 28
(6) Domestic Air ...............................................................
(7) International Air ..........................................................
6 years; 28 U.S.C. 2415 ...
6 years; 28 U.S.C. 2415 ...
(3) Freight Forwarders (Subject to title 49 chapter 135)
(4) Water (Subject to title 49 chapter 135) .....................
U.S.C. 11705
U.S.C.
U.S.C.
U.S.C.
U.S.C. 2415 ...
3 years; 49
3 years; 49
14705(f).
3 years; 49
14705(f).
3 years; 49
14705(f).
3 years; 46
Loss and damage
U.S.C. 11705
U.S.C.
6 years; 28 U.S.C. 2415.
6 years; 28 U.S.C. 2415.
U.S.C.
6 years; 28 U.S.C. 2415.
U.S.C.
6 years; 28 U.S.C. 2415.
U.S.C. 41301
3 days after delivery; Carriage of Goods By Sea
Act, 46 U.S.C. 30701
Notes.
6 years; 28 U.S.C. 2415.
2 years; 49 U.S.C. 40105.
6 years; 28 U.S.C. 2415 ...
6 years; 28 U.S.C. 2415 ...
(b) TIME LIMITS ON ACTIONS TAKEN BY THE FEDERAL GOVERNMENT AGAINST TSPS
[TSPs not specified in paragraph (a) of this section]
Mode
Freight
Refund for overpayment
(1) All ...............................................................................
6 years; 28 U.S.C. 2415 ...
6 years; 28 U.S.C. 2415 ...
23. Amend § 102–118.470 by revising
the section heading and introductory
text to read as follows:
■
§ 102–118.470 Are there statutory time
limits for a TSP on filing a claim with the
GSA Transportation Audits Division?
Yes, a claim must be received by the
GSA Transportation Audits Division or
its designee (the agency where the claim
arose) within 3 years beginning the day
after the latest of the following dates
(except in time of war):
*
*
*
*
*
■ 24. Revise § 102–118.490 to read as
follows:
lotter on DSK11XQN23PROD with PROPOSALS1
§ 102–118.490 What if my agency fails to
settle a disputed claim with a TSP within 30
days?
(a) If your agency fails to settle a
disputed claim with a TSP within 30
days, the TSP may appeal to GSA via
TAMS—https://tams.gsa.gov.
(b) If the TSP disagrees with the
administrative settlement by the GSA
Transportation Audits Division, the TSP
may appeal to the Civilian Board of
Contract Appeals (CBCA) (See § 102–
118.35 for a definition of Civilian Board
of Contract Appeals (CBCA)).
■ 25. Amend § 102–118.500 by revising
paragraph (a) to read as follows:
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16:47 Feb 15, 2024
Jkt 262001
§ 102–118.500 How does my agency
handle a voluntary refund submitted by a
TSP?
(a) An agency must report all
voluntary refunds to the GSA
Transportation Audits Division (so that
no Notice of Overcharge or financial
offset occurs), unless other
arrangements are made (e.g., charge card
refunds, etc.). These reports must be
sent via email to: audit.policy@gsa.gov.
*
*
*
*
*
§ 102–118.510
[Amended]
26. Amend § 102–118.510 by:
a. In the section heading, remove the
words ‘‘GSA Form 7931’’; and
■ b. Removing the words ‘‘GSA Form
7931’’ and adding the words ‘‘Certificate
of Settlement’’ in their place.
■ 27. Revise § 102–118.540 to read as
follows:
■
■
§ 102–118.540 Who has the authority to
audit, settle accounts, and/or start
collection action for all transportation
services provided for my agency?
(a) The Administrator of GSA has the
authority and responsibility to conduct
prepayment or postpayment audits of
transportation bills, settle accounts,
commence collection actions, and
resolve transportation claims which
cannot be resolved by the agency
procuring the transportation services or
the TSP presenting the bill. The number
and types of bills audited shall be based
PO 00000
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Fmt 4702
Sfmt 4702
Loss and damage
6 years; 28 U.S.C. 2415.
on the Administrator’s decision (31
U.S.C. 3726). With respect to a contract
for transportation services awarded
pursuant to the Federal Acquisition
Regulation (FAR), such an appeal shall
be adjudicated under the authority of
this section using administrative
procedures of GSA.
(b) The Administrator has delegated
this responsibility to the Director of the
GSA Transportation Audits Division
because the Director has access to
governmentwide data including TSP
rates, agency paid TSP invoices, and
transportation billings with the
government. Your agency must correctly
pay individual transportation invoices
(See 31 U.S.C. 3351(4) Improper
Payment definition).
■ 28. Revise § 102–118.545 to read as
follows:
§ 102–118.545 What information must a
TSP claim include?
All claims filed with GSA
Transportation Audits Division either
using TAMS (preferred) or via email
(protests@gsa.gov) must include:
(a) The transportation document.
(b) An explanation for the claim.
(c) Any additional supporting
documentation.
§ 102–118.550
[Amended]
29. Amend § 102–118.550 by, in the
section heading, removing the words
■
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‘‘an administrative’’ and adding the
word ‘‘a’’ in its place.
§ 102–118.555
the GSA Transportation Audits Division
via TAMS (https://tams.gsa.gov) or
email to protests@gsa.gov.
■ 34. Revise § 102–118.610 to read as
follows:
[Amended]
30. Amend § 102–118.555 by:
a. In the section heading, removing
the word ‘‘administrative’’; and
■ b. Removing the word
‘‘administrative’’.
■ 31. Revise § 102–118.560 to read as
follows:
■
■
§ 102–118.610 Is a TSP notified when GSA
allows a claim?
§ 102–118.560 What is the required format
that a TSP must use to file a claim?
There is no required format for filing
claims. TSPs should file a claim through
TAMS or by sending the required
information and documentation (see
§§ 102–118.545 and 102–118.565) to
GSA Transportation Audits Division via
email to protests@gsa.gov.
§ 102–118.565
[Amended]
32. Amend § 102–118.565 by:
a. In the section heading, removing
the words ‘‘an administrative’’ and
adding the word ‘‘a’’ in their place; and
■ b. Removing the words ‘‘An
administrative’’ and adding the word
‘‘A’’ in their place.
■ 33. Revise § 102–118.600 to read as
follows:
■
■
§ 102–118.600 When a TSP disagrees with
a Notice of Overcharge resulting from a
postpayment audit, what are the appeal
procedures?
lotter on DSK11XQN23PROD with PROPOSALS1
A TSP that disagrees with the Notice
of Overcharge may submit a protest to
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Jkt 262001
Yes, the GSA Transportation Audits
Division will acknowledge each payable
claim using a Certificate of Settlement.
■ 35. Revise § 102–118.615 to read as
follows:
§ 102–118.615 Will GSA notify a TSP if
they internally offset a payment?
Yes, the GSA Transportation Audits
Division will notify the TSP via TAMS
or email if GSA offsets a payment.
■ 36. Amend § 102–118.630 by:
■ a. Revising paragraphs (a) and (b); and
■ b. Removing Note 1.
The revisions read as follows:
§ 102–118.630 How must a TSP refund
amounts due to GSA?
(a) TSPs must promptly refund
amounts due to GSA, preferably via
TAMS or by ACH. If an ACH is not
used, checks must be made payable to
‘‘General Services Administration’’,
including the document reference
number, TSP name, bill number(s),
taxpayer identification number and
standard carrier alpha code, then mailed
to the appropriate address listed on the
Accounts and Collections web page at
https://www.gsa.gov/transaudits.
PO 00000
Frm 00015
Fmt 4702
Sfmt 9990
12301
(b) If an ACH address is needed, visit
https://www.gsa.gov/transaudits
(Accounts and Collections web page) or
contact the GSA Transportation Audits
Division via email at:
audits.collections@gsa.gov.
■ 37. Revise § 102–118.645 to read as
follows:
§ 102–118.645 Can a TSP file a claim on
collection actions?
Yes, a TSP may file a claim involving
collection actions resulting from the
transportation audit performed by the
GSA directly with the GSA
Transportation Audits Division. Any
claims submitted to GSA will be subject
to the Prompt Payment Act (31 U.S.C.
3901, et seq.). The TSP must file all
other transportation claims with the
agency out of whose activities they
arose. If this is not feasible (e.g., where
the responsible agency cannot be
determined or is no longer in existence)
claims may be sent to the GSA
Transportation Audits Division for
forwarding to the responsible agency or
for direct settlement by the GSA
Transportation Audits Division. Submit
claims using Transportation Audits
Management System (TAMS) at https://
tams.gsa.gov or via email to protests@
gsa.gov.
[FR Doc. 2024–02791 Filed 2–15–24; 8:45 am]
BILLING CODE 6820–14–P
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]]>Agencies
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Proposed Rules]
[Pages 12296-12301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02791]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-118
[FMR Case 2023-02; Docket No. GSA-FMR-2023-0014; Sequence No. 1]
RIN 3090-AK73
Federal Management Regulation; Transportation Payment and Audit
Regulations
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The United States General Services Administration (GSA)
proposes to amend the Federal Management Regulation (FMR) to effectuate
fundamental changes including removing, adding, and modifying
definitions, eliminating gender pronouns, streamlining requirements,
and revising statutory references. These changes are needed to provide
accurate information for agencies to properly manage and comply with
transportation invoice payment and audit requirements.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
April 16, 2024 to be considered in the formation of the proposed rule.
ADDRESSES: Submit comments in response to FMR Case 2023-02 to
Regulations.gov at https://www.regulations.gov via the Federal
eRulemaking portal by searching for ``FMR Case 2023-02''. Select the
link ``Comment Now'' that corresponds with FMR Case 2023-02. Follow the
instructions provided at the ``Comment Now'' screen. Please include
your name, company name (if any), and ``FMR Case 2023-02'' on your
attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite FMR Case 2023-
02, in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Mr. Ron Siegel, Policy Analyst, at
202-702-0840 for clarification of content. For information pertaining
to status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or [email protected]. Please cite FMR Case
2023-02.
SUPPLEMENTARY INFORMATION:
I. Background
The Travel and Transportation Reform Act of 1998 (Pub. L. 105-264)
established the statutory requirement for agencies to perform an audit
of transportation expenses prior to payment, granted the Administrator
of GSA the authority to prescribe regulations for the audit of
transportation invoices prior to payment, and the statutory authority
for audit oversight to protect the financial interests of the
Government (31 U.S.C. 3726). GSA has codified these requirements in 41
CFR 102-118, Transportation Payment and Audit (Federal Management
Regulation (FMR) part 102-118).
GSA last amended FMR part 102-118 on May 31, 2022 (87 FR 32320), to
perform editorial and technical changes.
[[Page 12297]]
That direct final rule introduced the GSA Transportation Audit
Management System (TAMS), corrected inaccurate and outdated
information, and removed obsolete references to programs, legal
citations, and forms. It revised general contact information, corrected
hyperlinks, clarified conditions for using certain forms and revised
outdated and inaccurate administrative procedures.
GSA is proposing amendments to FMR part 102-118. These amendments
include modifying definitions that apply to this part, which include
the incorporation of previously undefined terms such as Civilian Board
of Contract Appeals (CBCA), refund, and Transportation Audits
Management System (TAMS). Furthermore, definitions of forms used
exclusively by the GSA Transportation Audits Division will be removed
from individual sections and added to the definitions, while terms such
as EDI signature, reparation, statement of difference rebuttal, and
virtual Government Bill of Lading (GBL), which are defined but not
referenced in this part, will be removed. Additionally, certain
definitions will be modified to enhance clarity, including for the
terms cash, Government contractor issued charge card, and offset. This
proposed rule will standardize the terminology used to reference
Government contractor issued charge cards and will include definitions
for the two types of charge cards that the Government may use to
procure transportation: individually billed travel cards and agency
purchase cards.
This proposed rule provides further clarification on the role of
TAMS and its benefit to transportation service providers (TSPs),
specifically when filing certain claims. It also outlines the
circumstances under which Federal agencies use TAMS. Additionally, when
agencies submit their paid transportation invoices and other
documentation through TAMS, it allows the GSA Transportation Audits
Division to maintain and store these transportation records in
accordance with the General Records Schedule.
Thanks to the convenience of email and the efficiency of TAMS, GSA
no longer requires physical documents to be sent via the United States
Postal Service mail monthly. Consequently, physical mailing addresses
are being removed from this FMR part. This change is expected to reduce
costs for agencies, streamline the reporting process, and eliminate the
need for mailing documents to the GSA Transportation Audits Division.
It will also simplify the claims filing process for TSPs that want to
file a claim with the GSA Transportation Audits Division.
GSA is proposing to grant agencies some discretion in the use of a
GBL for domestic shipping. Currently, the regulation restricts GBL
usage to international or domestic overseas shipments. The changes
outlined in this rulemaking would permit agencies to execute a GBL when
the agency considers it necessary. Furthermore, this rulemaking
clarifies that a bill of lading can be utilized to procure both
transportation and transportation services.
This proposed rule builds upon the changes introduced in the direct
final rule that was published on May 31, 2022 at 87 FR 32320. That rule
eliminated unnecessary procedures for agencies to request Government
Bill of Lading (GBL) and Government Transportation Request (GTR) forms,
along with their corresponding control numbers. GSA is proposing
amendments to this FMR part that will provide agencies with additional
information regarding the requirement to assign numbers to these forms
and to manage and track each issued GBL and GTR transportation
document.
This proposed rule updates the requirement for agencies to provide
a copy of each quotation, tender, or contract of special rates, fares,
charges, or concessions with TSPs to the GSA Transportation Audits
Division. The proposed revision adds the requirement for agencies to
send copies of rates provided by pipeline carriers as well.
Furthermore, this rulemaking clarifies that the Director of the GSA
Transportation Audits Division has the authority to conduct postpayment
audits on any agency paid transportation invoice, oversee agency
prepayment audit programs, settle accounts, and initiate collection
activities.
Finally, GSA is also updating information, including correcting
legal references related to actions by and against the Government. The
revised information corrects authorities that apply to time limits for
filing freight charges, loss and damage claims, and filing claims
against a TSP for the collection of overcharges. It is also important
to note that this proposed rule would also remove gender pronouns from
this FMR part.
II. Executive Orders 12866, 13563, and 14094
Executive Order (E.O.) 12866 (Regulatory Planning and Review)
directs 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 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing Regulatory Review) amends section
3(f) of Executive Order 12866 and supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563. The Office
of Management and Budget's Office of Information and Regulatory Affairs
(OIRA) has determined that this rulemaking is not a significant
regulatory action and, therefore, it is not subject to review under
section 6(b) of E.O. 12866.
III. Regulatory Flexibility Act
GSA does not expect this proposed rule to 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. This
proposed rule is also exempt from the Administrative Procedure Act
pursuant to 5 U.S.C. 553(a)(2) because it applies to agency management
or personnel. Therefore, an Initial Regulatory Flexibility Analysis has
not been performed.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that requires the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 102-118
Accounting, Claims, Government property management, Reporting and
recordkeeping requirements, Transportation.
Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.
Therefore, GSA proposes to amend 41 CFR part 102-118 as set forth
below:
PART 102-118--TRANSPORTATION PAYMENT AND AUDIT
0
1. The authority citation for 41 CFR part 102-118 continues to read as
follows:
[[Page 12298]]
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.
Sec. 102-118.25 [Amended]
0
2. Amend Sec. 102-118.25 by removing the words ``may request'' and
adding the words ``is required'' in their place.
0
3. Amend Sec. 102-118.35 by:
0
a. Adding, in alphabetical order, the definitions ``ACH (automated
clearinghouse)'' and ``Agency purchase card'',
0
b. Revising the definition of ``Cash'';
0
c. Adding, in alphabetical order, the definitions of ``Certificate of
Settlement'' and ``Civilian Board of Contract Appeals (CBCA)'';
0
d. Removing the definition of ``EDI signature'';
0
e. Revising the definition of ``Government contractor issued charge
card'';
0
f. Adding, in alphabetical order, the definitions of ``Individually
billed travel card'', ``Notice of Indebtedness'', and ``Notice of
Overcharge'';
0
g. Revising the definition of ``Offset'';
0
h. Adding the definition of ``Refund'';
0
i. Removing the definition of ``Reparation'';
0
j. Revising the definition of ``Statement of difference'';
0
k. Removing the definition of ``Statement of difference rebuttal'';
0
l. Adding the definition of ``Transportation Audits Management System
(TAMS)''; and
0
m. Removing the definition of ``Virtual GBL (VGBL)''.
The additions and revisions read as follows:
Sec. 102-118.35 What definitions apply to this part?
* * * * *
ACH (automated clearinghouse) means a nationwide network through
which depository institutions send each other batches of electronic
credit and debit transfers.
* * * * *
Agency purchase card means a charge card used by an authorized
agency purchaser to procure, order, and pay for supplies and services.
* * * * *
Cash means cash, personal checks, personal charge/credit cards, and
traveler's checks.
Certificate of Settlement means a formal notice to an agency that
provides a complete explanation of any amount that is disallowed. GSA
produces and transmits the Certificate of Settlement (GSA Form 7931) to
the agency whose funds are to be charged for processing and payment.
Civilian Board of Contract Appeals (CBCA) means an independent
court within GSA that settles transportation payment claims disputes
between Federal agencies and transportation service providers (TSPs).
For additional information on the CBCA see https://www.cbca.gov/.
* * * * *
Government contractor issued charge card means an individually
billed travel card or an agency purchase card.
* * * * *
Individually billed travel 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 from a centrally billed account paying for official travel
and transportation related expenses for which the agency is billed.
Notice of Indebtedness means a formal notice issued to a TSP that
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.
Notice of Overcharge means a formal notice to a TSP that owes a
debt to the agency. It shows the TSP 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.
Offset means withholding money from a payment. In this part, money
withheld refers to the funds owed a TSP that are not released by the
agency but instead used to repay the Government for a debt incurred by
the TSP.
* * * * *
Refund means the amount collected from outside sources for payments
made in error, overpayment, or adjustments for previous amounts
disbursed.
* * * * *
Statement of difference means a statement issued by an agency or
its designated audit contractor during a prepayment audit when it has
been determined that a TSP has billed the agency for more than the
proper amount for the services. This statement tells the TSP 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 for each
transportation transaction. This can be an electronic process.
* * * * *
Transportation Audits Management System (TAMS) means the GSA's
cloud-based postpaid transportation invoice auditing solution for
Federal agencies and TSPs.
* * * * *
Sec. 102-118.40 [Amended]
0
4. Amend Sec. 102-118.40 by:
0
a. In paragraph (a), removing the words ``Government contractor-issued
charge card, purchase order (or electronic equivalent), or a Government
bill of lading for international shipments (including domestic overseas
shipments)'' and adding the words ``Government contractor issued charge
card, purchase order (or electronic equivalent), or a bill of lading
including a Government bill of lading'' in their place; and
0
b. In paragraph (b), removing the words ``Government issued charge card
(or centrally billed travel account citation), Government issued
individual travel charge card, personal charge card,'' and adding the
words ``Government contractor issued charge card, centrally billed
travel account, personal charge/credit card,'' in their place.
Sec. 102-118.45 [Amended]
0
5. Amend Sec. 102-118.45 by:
0
a. In paragraph (a)(1)(i), removing the words ``Government issued
agency charge card'' and adding the words ``Government contractor
issued charge card'' in their place;
0
b. In paragraph (a)(3)(i), removing the words ``Contractor issued
individual travel charge card'' and adding the words ``Government
contractor issued charge card (individually billed travel card)'' in
their place; and
0
c. In paragraph (a)(3)(ii), removing the words ``Personal charge card''
and adding the words ``Personal charge/credit card'' in their place.
Sec. 102-118.50 [Amended]
0
6. Amend Sec. 102-118.50 by:
0
a. In paragraph (a), removing the citation ``(31 U.S.C. 3332, et)'' and
adding the citation ``(31 U.S.C. 3332, et seq.)'' in its place; and
0
b. In paragraph (c), removing the citation ``(31 CFR part 208)'' and
adding the citation ``31 CFR part 208'' in its place.
0
7. Revise Sec. 102-118.75 to read as follows:
Sec. 102-118.75 What if my agency or the TSP does not have an account
with a financial institution or approved payment agent?
Under 31 U.S.C. 3332, et seq., your agency must obtain an account
with a financial institution or approved payment agent in order to meet
the statutory requirements to make all Federal payments via EFT unless
your
[[Page 12299]]
agency receives a waiver from the Department of the Treasury. To obtain
a waiver, your agency must contact the Secretary of the Treasury. For
information visit: https://www.fiscal.treasury.gov/
0
8. Amend Sec. 102-118.80 by revising the third sentence to read as
follows:
Sec. 102-118.80 Who is responsible for keeping my agency's electronic
commerce transportation billing records?
* * * Therefore, your agency must utilize the Transportation Audits
Management System (TAMS) (https://tams.gsa.gov) to submit all relevant
electronic transportation billing documents or submit via email to:
[email protected].
0
9. Revise Sec. 102-118.115 to read as follows:
Sec. 102-118.115 Must my agency use a GBL?
No. Your agency is required to use commercial payment practices to
the maximum extent possible. Your agency may use a GBL as needed for
domestic shipments and should use a GBL for international shipments.
When used for shipments, a GBL is a receipt of goods, evidence of
title, and a contract of carriage for Government shipments and was
developed to protect the interest of the U.S. Government.
Sec. 102-118.130 [Amended]
0
10. Amend Sec. 102-118.130 by removing the last sentence.
Sec. 102-118.150 [Amended]
0
11. Amend Sec. 102-118.150 by, in paragraph (a), removing the last
sentence.
0
12. Revise Sec. 102-118.235 to read as follows:
Sec. 102-118.235 Must my agency keep physical control and
accountability of the GBL and GTR forms or GBL and GTR numbers?
Yes, your agency is responsible for the physical control, use, and
accountability of GBLs and GTRs and must have procedures in place to
track, manage, and account for these documents when necessary.
0
13. Revise Sec. 102-118.255 to read as follows:
Sec. 102-118.255 Are GBL and GTR forms numbered and used
sequentially?
Yes, GBLs and GTRs must be sequentially numbered by agencies when
used.
Sec. 102-118.260 Must my agency send all quotations, tenders, or
contracts with a TSP to GSA?
0
14. Amend Sec. 102-118.260 by revising paragraph (a) to read as
follows:
(a) Yes, your agency must send a copy of each quotation, tender, or
contract of special rates, fares, charges, or concessions with TSPs
including those authorized by 49 U.S.C. 10721, 13712, and 15504 upon
execution to [email protected].
* * * * *
0
15. Amend Sec. 102-118.285 by:
0
a. Revising paragraph (e);
0
b. Removing paragraph(f); and
0
c. Redesignating paragraphs (g) through (m) as paragraphs (f) through
(l), respectively.
The revisions read as follows:
Sec. 102-118.285 What must be included in an agency's transportation
prepayment audit program?
* * * * *
(e) Agencies must use GSA Transportation Audits Division's
electronic commerce system, TAMS, to fulfill all monthly reporting
requirements. Filing all documents through TAMS ensures that GSA
Transportation Audits Division will properly maintain and store
transportation records, including paid transportation bills, in
accordance with the General Records Schedule 1.1 et seq., (36 CFR
chapter XII, part 1220). GSA will also 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.
* * * * *
Sec. 102-118.300 [Amended]
0
16. Amend Sec. 102-118.300 by, in paragraph(a), removing the words
``by email at [email protected], or by mail to: U.S. General
Services Administration, 1800 F St. NW, 3rd Floor, Mail Hub 3400,
Washington, DC 20405.'' and adding the words ``via TAMS (https://tams.gsa.gov), or by email to [email protected].'' in their place.
0
17. Amend Sec. 102-118.425 by revising paragraph (a) to read as
follows:
Sec. 102-118.425 Is my agency required to forward all transportation
documents (TDs) to GSA Transportation Audits Division, and what
information must be on these documents?
(a) Yes, your agency must provide all TDs, via TAMS, to GSA
Transportation Audits Division (see Sec. 102-118.35 for the definition
of TD).
* * * * *
Sec. 102-118.430 [Amended]
0
18. Amend Sec. 102-118.430 by:
0
a. In paragraph (f), removing the second sentence; and
0
b. In paragraph (g), removing the second and third sentences.
Sec. 102-118.435 [Amended]
0
19. Amend Sec. 102-118.435 by, in paragraph (a)(7), removing the words
``freight or passenger'' and adding the word ``all'' in their place.
Sec. 102-118.440 [Amended]
0
20. Amend Sec. 102-118.440 by, in the second sentence, removing the
word ``type'' and adding the word ``types'' in its place.
0
21. Revise Sec. 102-118.455 to read as follows:
Sec. 102-118.455 What is the time limit for a TSP to file a
transportation claim against my agency?
The time limits on a TSP transportation claim against the
Government differ by mode as shown in the following table:
Time Limits on Actions Taken by TSP
------------------------------------------------------------------------
Freight charges
Mode (years) Statute
------------------------------------------------------------------------
(a) Air Domestic................ 6 28 U.S.C. 2401,
2501.
(b) Air International........... 6 28 U.S.C. 2401,
2501.
(c) Freight Forwarders (Subject 3 49 U.S.C.
to title 49 chapter 135). 14705(f).
(d) Motor....................... 3 49 U.S.C.
14705(f).
(e) Rail........................ 3 49 U.S.C.
11705(f).
(f) Water (Subject to title 49 3 49 U.S.C.
chapter 135). 14705(f).
(g) Water (Not subject to title 2 46 U.S.C. 30905.
49 chapter 135).
(h) TSPs not specified in any of 6 28 U.S.C. 2401,
the above categories. 2501.
------------------------------------------------------------------------
[[Page 12300]]
0
22. Revise Sec. 102-118.460 to read as follows:
Sec. 102-118.460 What is the time limit for my agency to file a
court claim with a TSP for freight charges, refund of overpayment, and
loss or damage to the property?
Statutory time limits vary depending on the mode and the service
involved and may involve freight charges. The following tables list the
time limits:
(a) Time Limits on Actions Taken by the Federal Government Against TSPs
----------------------------------------------------------------------------------------------------------------
Mode Freight charges Refund for overpayment Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) Rail............................. 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
11705. 11705. 2415.
(2) Motor............................ 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
14705(f). 14705(f). 2415.
(3) Freight Forwarders (Subject to 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
title 49 chapter 135). 14705(f). 14705(f). 2415.
(4) Water (Subject to title 49 3 years; 49 U.S.C. 3 years; 49 U.S.C. 6 years; 28 U.S.C.
chapter 135). 14705(f). 14705(f). 2415.
(5) Water (Not subject to title 49 6 years; 28 U.S.C. 2415 3 years; 46 U.S.C. 3 days after delivery;
chapter 135). 41301. Carriage of Goods By
Sea Act, 46 U.S.C.
30701 Notes.
(6) Domestic Air..................... 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C.
2415.
(7) International Air................ 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C. 2415 2 years; 49 U.S.C.
40105.
----------------------------------------------------------------------------------------------------------------
(b) Time Limits on Actions Taken by the Federal Government Against TSPs
[TSPs not specified in paragraph (a) of this section]
----------------------------------------------------------------------------------------------------------------
Mode Freight Refund for overpayment Loss and damage
----------------------------------------------------------------------------------------------------------------
(1) All.............................. 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C. 2415 6 years; 28 U.S.C.
2415.
----------------------------------------------------------------------------------------------------------------
0
23. Amend Sec. 102-118.470 by revising the section heading and
introductory text to read as follows:
Sec. 102-118.470 Are there statutory time limits for a TSP on filing
a claim with the GSA Transportation Audits Division?
Yes, a claim must be received by the GSA Transportation Audits
Division or its designee (the agency where the claim arose) within 3
years beginning the day after the latest of the following dates (except
in time of war):
* * * * *
0
24. Revise Sec. 102-118.490 to read as follows:
Sec. 102-118.490 What if my agency fails to settle a disputed claim
with a TSP within 30 days?
(a) If your agency fails to settle a disputed claim with a TSP
within 30 days, the TSP may appeal to GSA via TAMS--https://tams.gsa.gov.
(b) If the TSP disagrees with the administrative settlement by the
GSA Transportation Audits Division, the TSP may appeal to the Civilian
Board of Contract Appeals (CBCA) (See Sec. 102-118.35 for a definition
of Civilian Board of Contract Appeals (CBCA)).
0
25. Amend Sec. 102-118.500 by revising paragraph (a) to read as
follows:
Sec. 102-118.500 How does my agency handle a voluntary refund
submitted by a TSP?
(a) An agency must report all voluntary refunds to the GSA
Transportation Audits Division (so that no Notice of Overcharge or
financial offset occurs), unless other arrangements are made (e.g.,
charge card refunds, etc.). These reports must be sent via email to:
[email protected].
* * * * *
Sec. 102-118.510 [Amended]
0
26. Amend Sec. 102-118.510 by:
0
a. In the section heading, remove the words ``GSA Form 7931''; and
0
b. Removing the words ``GSA Form 7931'' and adding the words
``Certificate of Settlement'' in their place.
0
27. Revise Sec. 102-118.540 to read as follows:
Sec. 102-118.540 Who has the authority to audit, settle accounts,
and/or start collection action for all transportation services provided
for my agency?
(a) The Administrator of GSA has the authority and responsibility
to conduct prepayment or postpayment audits of transportation bills,
settle accounts, commence collection actions, and resolve
transportation claims which cannot be resolved by the agency procuring
the transportation services or the TSP presenting the bill. The number
and types of bills audited shall be based on the Administrator's
decision (31 U.S.C. 3726). With respect to a contract for
transportation services awarded pursuant to the Federal Acquisition
Regulation (FAR), such an appeal shall be adjudicated under the
authority of this section using administrative procedures of GSA.
(b) The Administrator has delegated this responsibility to the
Director of the GSA Transportation Audits Division because the Director
has access to governmentwide data including TSP rates, agency paid TSP
invoices, and transportation billings with the government. Your agency
must correctly pay individual transportation invoices (See 31 U.S.C.
3351(4) Improper Payment definition).
0
28. Revise Sec. 102-118.545 to read as follows:
Sec. 102-118.545 What information must a TSP claim include?
All claims filed with GSA Transportation Audits Division either
using TAMS (preferred) or via email ([email protected]) must include:
(a) The transportation document.
(b) An explanation for the claim.
(c) Any additional supporting documentation.
Sec. 102-118.550 [Amended]
0
29. Amend Sec. 102-118.550 by, in the section heading, removing the
words
[[Page 12301]]
``an administrative'' and adding the word ``a'' in its place.
Sec. 102-118.555 [Amended]
0
30. Amend Sec. 102-118.555 by:
0
a. In the section heading, removing the word ``administrative''; and
0
b. Removing the word ``administrative''.
0
31. Revise Sec. 102-118.560 to read as follows:
Sec. 102-118.560 What is the required format that a TSP must use to
file a claim?
There is no required format for filing claims. TSPs should file a
claim through TAMS or by sending the required information and
documentation (see Sec. Sec. 102-118.545 and 102-118.565) to GSA
Transportation Audits Division via email to [email protected].
Sec. 102-118.565 [Amended]
0
32. Amend Sec. 102-118.565 by:
0
a. In the section heading, removing the words ``an administrative'' and
adding the word ``a'' in their place; and
0
b. Removing the words ``An administrative'' and adding the word ``A''
in their place.
0
33. Revise Sec. 102-118.600 to read as follows:
Sec. 102-118.600 When a TSP disagrees with a Notice of Overcharge
resulting from a postpayment audit, what are the appeal procedures?
A TSP that disagrees with the Notice of Overcharge may submit a
protest to the GSA Transportation Audits Division via TAMS (https://tams.gsa.gov) or email to [email protected].
0
34. Revise Sec. 102-118.610 to read as follows:
Sec. 102-118.610 Is a TSP notified when GSA allows a claim?
Yes, the GSA Transportation Audits Division will acknowledge each
payable claim using a Certificate of Settlement.
0
35. Revise Sec. 102-118.615 to read as follows:
Sec. 102-118.615 Will GSA notify a TSP if they internally offset a
payment?
Yes, the GSA Transportation Audits Division will notify the TSP via
TAMS or email if GSA offsets a payment.
0
36. Amend Sec. 102-118.630 by:
0
a. Revising paragraphs (a) and (b); and
0
b. Removing Note 1.
The revisions read as follows:
Sec. 102-118.630 How must a TSP refund amounts due to GSA?
(a) TSPs must promptly refund amounts due to GSA, preferably via
TAMS or by ACH. If an ACH is not used, checks must be made payable to
``General Services Administration'', including the document reference
number, TSP name, bill number(s), taxpayer identification number and
standard carrier alpha code, then mailed to the appropriate address
listed on the Accounts and Collections web page at https://www.gsa.gov/transaudits.
(b) If an ACH address is needed, visit https://www.gsa.gov/transaudits (Accounts and Collections web page) or contact the GSA
Transportation Audits Division via email at:
[email protected].
0
37. Revise Sec. 102-118.645 to read as follows:
Sec. 102-118.645 Can a TSP file a claim on collection actions?
Yes, a TSP may file a claim involving collection actions resulting
from the transportation audit performed by the GSA directly with the
GSA Transportation Audits Division. Any claims submitted to GSA will be
subject to the Prompt Payment Act (31 U.S.C. 3901, et seq.). The TSP
must file all other transportation claims with the agency out of whose
activities they arose. If this is not feasible (e.g., where the
responsible agency cannot be determined or is no longer in existence)
claims may be sent to the GSA Transportation Audits Division for
forwarding to the responsible agency or for direct settlement by the
GSA Transportation Audits Division. Submit claims using Transportation
Audits Management System (TAMS) at https://tams.gsa.gov or via email to
[email protected].
[FR Doc. 2024-02791 Filed 2-15-24; 8:45 am]
BILLING CODE 6820-14-P
