Federal Management Regulation; Transportation Payment and Audit Regulations, 93192-93198 [2024-27552]
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications as specified in Executive
Order 13175. This action finds that
several air agencies have failed to
submit SIP revisions in response to
findings of substantial inadequacy
under section 110(k)(5) of the CAA. No
Tribe is subject to the requirement to
submit an implementation plan under
the findings of inadequacy relevant to
this action. Thus, Executive Order
13175 does not apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern health or
safety risks that the EPA has reason to
believe may disproportionately affect
children, per the definition of ‘‘covered
regulatory action’’ in section 2–202 of
the Executive Order. This action is not
subject to Executive Order 13045
because it relates to the requirement in
the CAA for States to submit SIPs in
response to findings of substantial
inadequacy under CAA section
110(k)(5) and does not directly or
disproportionately affect children.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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J. National Technology Transfer and
Advancement Act (NTTAA)
This final action does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on communities
with EJ concerns.
The EPA believes it is not practicable
to assess whether the conditions that
exist prior to this proposed action result
in disproportionate and adverse effects
on people of color, low-income
populations, and/or indigenous peoples.
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While it is difficult to assess the
environmental justice implications of
this proposed action because the EPA
cannot geographically identify or
quantify the resulting source-specific
emission reductions, the EPA recognizes
the potential for neutral or adverse
environmental justice issues associated
with this action. However, the EPA
views this action as a necessary
procedural step following the D.C.
Circuit decision and vacatur of portions
of the 2015 SSM SIP call.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
M. Judicial Review
Section 307(b)(1) of the CAA governs
judicial review of final actions by the
EPA. This section provides, in part, that
petitions for review must be filed in the
United States Court of Appeals for the
District of Columbia Circuit: (i) when
the agency action consists of ‘‘nationally
applicable regulations promulgated, or
final actions taken, by the
Administrator,’’ or (ii) when such action
is locally or regionally applicable, but
‘‘such action is based on a
determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’ For locally or regionally
applicable final actions, the CAA
reserves to the EPA complete discretion
whether to invoke the exception in (ii).
This final action is ‘‘nationally
applicable’’ within the meaning of CAA
section 307(b)(1). In the alternative, to
the extent a court finds this final action
to be locally or regionally applicable,
the Administrator is exercising the
complete discretion afforded to him
under the CAA to make and publish a
finding that this action is based on a
determination of ‘‘nationwide scope or
effect’’ within the meaning of CAA
section 307(b)(1).12 This final action
consists of a partial withdrawal of
findings of failure to submit required
SIPs from six States and/or local air
jurisdictions, including the District of
Columbia, located in 5 of the 10 EPA
regions, and in 6 different federal
12 In deciding whether to invoke the exception by
making and publishing a finding that this final
action is based on a determination of nationwide
scope or effect, the Administrator has also taken
into account a number of policy considerations,
including his judgment balancing the benefit of
obtaining the D.C. Circuit’s authoritative centralized
review versus allowing development of the issue in
other contexts and the best use of Agency resources.
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judicial circuits.13 This final action is
also based on a common core of factual
findings concerning the receipt and
completeness of the relevant SIP
submittals. For these reasons, this final
action is nationally applicable or,
alternatively, the Administrator is
exercising the complete discretion
afforded to him by the CAA and hereby
finds that this final action is based on
a determination of nationwide scope or
effect for purposes of CAA section
307(b)(1) and is hereby publishing that
finding in the Federal Register.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit within 60 days from
the date this final action is published in
the Federal Register. Filing a petition
for reconsideration by the Administrator
of this final action does not affect the
finality of the action for the purposes of
judicial review, nor does it extend the
time within which a petition for judicial
review must be filed and shall not
postpone the effectiveness of such rule
or action.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedures,
Air pollution control, Approval and
promulgation of implementation plans,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Joseph Goffman,
Assistant Administrator.
[FR Doc. 2024–27263 Filed 11–25–24; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–118
[FMR Case 2023–02; Docket No. GSA–FMR–
2023–0014; Sequence No. 2]
RIN 3090–AK73
Federal Management Regulation;
Transportation Payment and Audit
Regulations
Office of Government-Wide
Policy (OGP), General Services
Administration (GSA).
AGENCY:
13 In the report on the 1977 Amendments that
revised section 307(b)(1) of the CAA, Congress
noted that the Administrator’s determination that
the ‘‘nationwide scope or effect’’ exception applies
would be appropriate for any action that has a
scope or effect beyond a single judicial circuit. See
H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977
U.S.C.C.A.N. 1402–03.
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations
ACTION:
Final rule.
The United States General
Services Administration (GSA) is
issuing a final rule amending the
Federal Management Regulation (FMR).
This amendment executes changes that
include the removal, addition, and
revision of definitions, the elimination
of gender pronouns, the simplification
of requirements, the alteration of
statutory references, and the
clarification of GSA’s role in
adjudicating disputes arising from
audits of transportation bills. These
adjustments are necessary to furnish
accurate guidance for agencies, facilitate
proper management and compliance
with transportation invoice payment
and audit obligations.
DATES: Effective date: December 26,
2024.
SUMMARY:
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:
FOR FURTHER INFORMATION CONTACT:
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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, assigned to the Administrator
of GSA (Administrator) the authority to
prescribe regulations for the audit of
transportation invoices prior to
payment, and the statutory authority for
audit oversight of transportation
invoices to protect the financial
interests of the Government (31 U.S.C.
3726). The law also provides the
Administrator the power to conduct
prepayment or postpayment audits of
transportation bills of any Federal
agency. GSA has codified these
requirements in 41 CFR part 102–118,
Transportation Payment and Audit
(Federal Management Regulation (FMR)
part 102–118).
Certain other statutes collectively
empower the Administrator to create
regulations governing various aspects of
Federal procurement for transportation,
ensuring compliance with Federal laws,
and promoting the efficient use of
Government resources. These include
40 U.S.C. 501, which grants the
Administrator the authority to establish
regulations for executive agencies
regarding the procurement and supply
of personal property, nonpersonal
services, and related functions,
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including transportation and
transportation services. Additionally, 49
U.S.C. 40118 authorizes the
Administrator to prescribe regulations
allowing agencies to expend
appropriations for transportation in
violation of the requirements of said
section.
GSA last amended FMR part 102–118
on May 31, 2022 (87 FR 32320), to
perform editorial and technical changes.
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.
This final rule modifies definitions
that apply to this part, which include
incorporating 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
have been 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), have been removed from
the definitions section because the
terms are not utilized in this part.
Additionally, some definitions have
been amended to enhance clarity
including the terms cash, Government
contractor-issued charge card, and
offset. GSA updated the definition of a
Government contractor-issued charge
card and introduced a new definition
for an individually billed travel card.
This change was made to define and
explain the distinction between the two
types of charge cards that the
Government may use to procure
transportation. The revised definitions
clarify agency responsibilities, thereby
significantly reducing ambiguity and the
potential for non-compliance.
This final rule continues to improve
upon the changes introduced in the
aforementioned direct final rule
published on May 31, 2022. That rule
eliminated unnecessary procedures for
agencies to request GBL and
Government Transportation Request
(GTR) forms, along with their
corresponding control numbers. GSA
has amended this FMR part to provide
agencies with additional information
regarding the requirement to assign
numbers to these forms and to manage
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and track each issued GBL and GTR
transportation document.
With the publication of this rule, GSA
grants agencies discretion in using a
GBL for domestic shipping. Agencies,
and not GSA, are responsible for
maintaining physical control and
accountability of the GBLs they issue. In
its present form, this FMR part restricts
the use of a GBL to international
shipments, however GSA acknowledges
that agencies might occasionally need to
issue a GBL for domestic shipments.
Therefore, since agencies are obligated
to manage the GBLs they issue, they
should have the flexibility to decide
when using a GBL is necessary to fulfill
their mission. Providing Federal
agencies with the latitude to issue GBLs
when it is mission-essential enhances
their ability to respond promptly and
efficiently to critical needs, ensures
better control and oversight of
transportation processes, optimizes
resource use, and can result in cost
savings and legal protections. This
flexibility is crucial for maintaining the
effectiveness and efficiency of Federal
operations, especially in times of
urgency. Additionally, GSA clarifies
that a bill of lading can be used to
procure both transportation and
transportation services.
This 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 revised regulation now
requires agencies to send copies of rates
provided by pipeline carriers as well.
GSA corrected information including
legal references related to actions by and
against the Government. The revised
information now lists proper authorities
and deadlines for filing freight charges,
loss and damage claims, and filing
claims against a TSP for the collection
of overcharges.
Lastly, GSA has removed gender
pronouns from this FMR part. The
removal of gender pronouns promotes
inclusivity and modernizes the language
of the regulation.
II. Discussion of the Final Rule
A. Summary of Significant Changes
This final rule provides agencies with
additional clarification on the role of the
TAMS and its benefit to TSPs,
specifically when filing certain claims.
It also outlines the circumstances under
which Federal agencies use the TAMS.
Additionally, when agencies submit
their paid transportation invoices and
other documentation through the
TAMS, it allows the GSA
Transportation Audits Division to
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations
maintain and store these transportation
records in accordance with the General
Records Schedule.
The GSA Transportation Audits
Division maintains a central repository
of electronic transportation billing
records for legal and auditing purposes.
Therefore, to comply with the Office of
Management and Budget Memorandum
M–23–07, GSA now requires agencies to
submit their payment documentation for
a post payment audit via the TAMS.
Other documents that may need to be
sent to GSA Transportation Audits
Division will only be accepted
electronically via email. Consequently,
physical mailing addresses have been
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. TSPs
are also permitted to use the TAMS to
file a claim with the GSA
Transportation Audits Division;
however, its use by TSPs is not
required. It is also important to note that
as of July 2022, all department level
agencies were compliant with this
requirement, therefore mandating this
requirement should have no additional
effect on agency procedures.
GSA has also included updated
regulatory language addressing the
agency’s role in adjudicating disputes
arising from audits of transportation
bills. The Administrator of GSA has the
authority to ‘‘adjudicate transportation
claims which cannot be resolved by the
agency procuring the transportation
services, or the carrier or freightforwarder presenting the bill’’ (31 U.S.C.
3726(c)). GSA acknowledges that its
notice of proposed rulemaking (89 FR
12296, February 16, 2024) did not
expressly state that such authority is
limited to ‘‘transportation claims which
cannot be resolved by the agency
procuring the transportation services, or
the carrier or freight-forwarder
presenting the bill.’’ 31 U.S.C. 3726(c).
Upon further review of the statute and
other relevant factors, including judicial
decisions interpreting these provisions,
GSA has updated the regulatory text in
this final rule to accurately reflect the
statutory text.
GSA’s procedures for performing an
audit are incorporated in subpart F of
this FMR part and apply to all
procurement vehicles and methods
available to agencies to procure
transportation and transportation
services. This language is included for
clarity, creates no additional cost, and
requires no additional effort by the TSP.
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B. Analysis of Public Comments
IV. Congressional Review Act
In the proposed rule published at 89
FR 12296 on February 16, 2024, GSA
provided the public a 60-day comment
period which ended on April 16, 2024.
GSA received one timely comment,
which is from an anonymous source. As
a result of the comment, minor changes
were made from the proposed rule to
the final rule.
Comment: ‘‘I agree that a change is
needed to § 102–118.460(a)(5) [sic]
because the current reference is
incorrect however I think the timeline
for filing a claim with the court should
remain at 1 year.’’
Response: After review, GSA restored
the time limit in the ‘‘loss and damage’’
column of § 102–118.460(a)(5) to 1-year.
Only the legal references have been
revised in this section.
In addition, GSA received an
untimely comment from Crowley
Maritime Services. In the comment,
Crowley requested that the agency
‘‘extend’’ the comment period, but
Crowley provided no explanation as to
why an extension would be appropriate.
GSA therefore declines to consider the
late-filed comment. GSA also notes that
Crowley’s comment primarily concerns
the scope of the agency’s disputeresolution authority. This rule’s
discussion of that authority is consistent
with the relevant statutory language. See
31 U.S.C. 3726.
OIRA has determined that this rule is
not a ‘‘major rule’’ under 5 U.S.C.
804(2). Title II, Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5
U.S.C. 801–808), also known as the
Congressional Review Act or CRA,
generally provides that before a rule
may take effect, unless excepted, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. This rule is
excepted from CRA reporting
requirements prescribed under 5 U.S.C.
801 as it relates to agency management
or personnel under 5 U.S.C. 804(3)(B).
III. 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 E.O. 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 rule is not a
significant regulatory action, and
therefore, is not subject to review under
section 6(b) of E.O. 12866.
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V. Regulatory Flexibility Act
This final rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. This
final 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 was not performed.
VI. 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 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.
Robin Carnahan,
Administrator, General Services
Administration.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–118 as follows:
PART 102–118—TRANSPORTATION
PAYMENT AND AUDIT
1. The authority citation for 41 CFR
part 102–118 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.
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations
§ 102–118.25
[Amended]
2. Amend § 102–118.25 by removing
‘‘may request’’ and adding ‘‘is required’’
in its 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. Removing the definitions of
‘‘Electronic data interchange’’ and
‘‘Government contractor-issued charge
card’’ and adding the definitions of
‘‘Electronic data interchange (EDI)’’ and
‘‘Government contractor issued charge
card’’ in their places, respectively;
■ 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, in alphabetical order, 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, in alphabetical order, 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.
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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/.
*
*
*
*
*
Electronic data interchange (EDI)
means electronic techniques for carrying
out transportation transactions using
electronic transmissions of the
information between computers instead
of paper documents. These electronic
transmissions must use established and
published formats and codes as
authorized by the applicable Federal
Information Processing Standards.
*
*
*
*
*
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
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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
auditing solution for Federal agencies
and TSPs.
*
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*
*
*
§ 102–118.40
[Amended]
4. Amend § 102–118.40 by:
a. In paragraph (a), removing
‘‘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 ‘‘Government
contractor issued charge card, purchase
order (or electronic equivalent), or a bill
of lading including a Government bill of
lading’’ in its place; and
■ b. In paragraph (b), removing
‘‘Government issued charge card (or
centrally billed travel account citation),
Government issued individual travel
charge card, personal charge card,’’ and
adding ‘‘Government contractor issued
charge card, centrally billed travel
account, personal charge/credit card,’’
in its place.
■ 5. Amend § 102–118.45 by revising
paragraphs (a)(1)(i) and (a)(3)(i) and (ii)
to read as follows:
■
■
§ 102–118.45 How does a transportation
service provider (TSP) bill my agency for
transportation and transportation services?
*
*
*
*
*
TRANSPORTATION SERVICE PROVIDER
BILLING
(a) Ordering method
*****
(1)(i) Government contractor
issued charge card; and ...
*****
*
*
*
*
(3)(i) Government contractor
issued charge card (individually billed travel card);
(ii) Personal charge/credit
card; and ...........................
*
■
■
*
*
*
6. Amend § 102–118.50 by:
a. Revising paragraph (a); and
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*****
*****
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■
b. In paragraph (c), removing ‘‘(31
CFR part 208)’’.
The revision reads as follows:
§ 102–118.150 What are the major
mandatory terms and conditions governing
the use of passenger transportation
documents?
§ 102–118.50 How does my agency pay for
transportation services?
*
*
*
*
*
*
(a) Electronic funds transfer (EFT).
Your agency is required by statute (31
U.S.C. 3332, et seq.) to make all
payments by EFT unless your agency
receives a waiver from the Department
of the Treasury.
*
*
*
*
*
■ 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
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
lotter on DSK11XQN23PROD with RULES1
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
[Amended]
10. Amend § 102–118.130 by
removing the last sentence.
■ 11. Amend § 102–118.150 by revising
paragraph (a) to read as follows:
■
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*
*
*
*
(a) Government travel must be via the
lowest cost available that meets travel
requirements (e.g., Government
contract, fare, through, excursion, or
reduced one way or round trip fare);
*
*
*
*
*
■ 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,
and account for these documents when
necessary.
■ 13. Revise § 102–118.255 to read as
follows:
§ 102–118.255 Are GBL and GTR forms
numbered and used sequentially?
Yes, GBLs and GTRs must be
sequentially numbered by agencies
when used.
■ 14. Amend § 102–118.260 by revising
paragraph (a) to read as follows:
§ 102–118.260 Must my agency send all
quotations, tenders, or contracts with a TSP
to GSA?
(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 revision reads as follows:
§ 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.
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(36 CFR 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 ‘‘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 ‘‘via TAMS (https://
tams.gsa.gov), or by email to
Audit.Policy@gsa.gov’’ in its place.
■ 17. Amend § 102–118.425 by revising
the section heading and 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).
*
*
*
*
*
■ 18. Amend § 102–118.430 by:
■ a. Revising paragraph (f); and
■ b. In paragraph (g), removing the
second and third sentences.
The revision reads as follows:
§ 102–118.430 What is the process the
GSA Transportation Audits Division
employs to conduct a postpayment audit?
*
*
*
*
*
(f) Issues a Notice of Overcharge
stating that a TSP owes a debt to the
agency; and
*
*
*
*
*
§ 102–118.435
[Amended]
19. Amend § 102–118.435 by, in
paragraph (a)(7), removing ‘‘freight or
passenger’’ and adding ‘‘all’’ in its place.
■
§ 102–118.440
[Amended]
20. Amend § 102–118.440 by, in the
second sentence, removing ‘‘type’’ and
adding ‘‘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 with the
GSA Transportation Audits Division against
my agency?
The time limits on a TSP
transportation claim against the
Government differ by mode as shown in
the following table:
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93197
TIME LIMITS ON ACTIONS TAKEN BY TSP
Mode
Freight charges
(a) Air domestic ......................................................................
(b) Air international .................................................................
(c) Freight forwarders (subject to 49 U.S.C. chapter 135) ....
(d) Motor .................................................................................
(e) Rail ....................................................................................
(f) Water (subject to 49 U.S.C. chapter 135) .........................
(g) Water (not subject to 49 U.S.C. chapter 135) ..................
(h) TSPs not specified in paragraphs (a) through (g) of this
section.
6
6
3
3
3
3
2
6
years
years
years
years
years
years
years
years
....................
....................
....................
....................
....................
....................
....................
....................
Statute
28
28
49
49
49
49
46
28
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
§ 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:
■
Statutory time limits vary depending
on the mode and the service involved
2401, 2501.
2401, 2501.
14705(f).
14705(f).
11705(f).
14705(f).
30905.
2401, 2501.
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 ...........................................
(2) Motor ........................................
(3) Freight forwarders (subject to
49 U.S.C. chapter 135).
(4) Water (subject to 49 U.S.C.
chapter 135).
(5) Water (not subject to 49 U.S.C.
chapter 135).
(6) Domestic air .............................
(7) International air .........................
3 years. 49 U.S.C. 11705 .............
3 years. 49 U.S.C. 14705(f) .........
3 years. 49 U.S.C. 14705(f) .........
3 years. 49 U.S.C. 11705 .............
3 years. 49 U.S.C. 14705(f) .........
3 years. 49 U.S.C. 14705(f) .........
6 years. 28 U.S.C. 2415.
6 years. 28 U.S.C. 2415.
6 years. 28 U.S.C. 2415.
3 years. 49 U.S.C. 14705(f) .........
3 years. 49 U.S.C. 14705(f) .........
6 years. 28 U.S.C. 2415.
6 years. 28 U.S.C. 2415 ...............
3 years. 46 U.S.C. 41301 .............
6 years. 28 U.S.C. 2415 ...............
6 years. 28 U.S.C. 2415 ...............
6 years. 28 U.S.C. 2415 ...............
6 years. 28 U.S.C. 2415 ...............
1 year; Carriage of Goods By Sea
Act, 46 USC 30701 Notes.
6 years. 28 U.S.C. 2415.
2 years. 49 U.S.C. 40105.
(b) Time limits on actions taken by the specified in paragraph (a) of this
Federal Government against TSPs not
section.
Mode
Freight
Refund for overpayment
(1) All .............................................
(2) [Reserved].
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?
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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:
§ 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
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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:
§ 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.
*
*
*
*
*
■ 26. Amend § 102–118.510 by:
■ a. Revising the section heading; and
■ b. Removing ‘‘GSA Form 7931’’ and
adding ‘‘Certificate of Settlement’’ in its
place.
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Loss and damage
6 years. 28 U.S.C. 2415.
The revision reads as follows:
§ 102–118.510 Can my agency revise or
alter a Certificate of Settlement?
*
*
*
*
*
27. Revise § 102–118.540 to read as
follows:
■
§ 102–118.540 Who has the authority to
audit and settle bills for all transportation
services provided for my agency?
(a) The Administrator of GSA has the
authority and responsibility to audit and
settle all transportation bills. The
number and types of bills audited shall
be based on the Administrator’s
judgment (31 U.S.C. 3726(b)). The
Administrator has authority to
administratively adjudicate
transportation claims which cannot be
resolved by the agency procuring the
transportation services, or the carrier or
freight-forwarder presenting the bill
pursuant to 31 U.S.C. 3726(c).
(b) The Administrator has delegated
the responsibility set out in paragraph
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Rules and Regulations
(a) of this section 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.
■ 29. Amend § 102–118.550 by revising
the section heading to read as follows:
§ 102–118.550 How does a TSP file a claim
using EDI or other electronic means?
*
*
*
*
*
30. Amend § 102–118.555 by:
a. Revising the section heading; and
b. Removing ‘‘administrative’’ from
the first sentence.
The revision reads as follows:
■
■
■
§ 102–118.555 Can a TSP file a
supplemental claim?
*
*
*
*
*
31. Revise § 102–118.560 to read as
follows:
■
§ 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.
■ 32. Amend § 102–118.565 by:
■ a. Revising the section heading; and
■ b. Removing ‘‘An administrative
claim’’ and adding ‘‘A claim’’ in its
place.
The revision reads as follows:
§ 102–118.565 What documentation is
required when filing a claim?
*
*
*
*
*
33. Revise § 102–118.600 to read as
follows:
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■
§ 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
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16:25 Nov 25, 2024
Jkt 265001
via TAMS (https://tams.gsa.gov) or
email to protests@gsa.gov.
tams.gsa.gov or via email to protests@
gsa.gov.
34. Revise § 102–118.610 to read as
follows:
[FR Doc. 2024–27552 Filed 11–25–24; 8:45 am]
■
§ 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.
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. Revise § 102–118.630 to 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
the ‘‘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:
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://
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BILLING CODE 6820–14–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–117
[FMR Case 2024–03; Docket No. GSA–FMR–
2024–0015; Sequence No. 1]
Federal Management Regulation;
Updating Transportation Management,
With Diversity, Equity, Inclusion, and
Accessibility Language
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
The United States General
Services Administration (GSA) is
issuing a final rule amending the
Federal Management Regulation (FMR).
This amendment introduces changes
specific to Transportation Management.
Following a comprehensive review,
GSA decided to eliminate the use of
gendered pronouns in this FMR part.
The modifications aim to ensure the
language aligns with the principles of
inclusivity, particularly concerning
gender, and to further incorporate
language that supports diversity, equity,
inclusivity, and accessibility. These
changes are grammatical and technical
in nature and will not result in
additional costs or related policy
changes for agencies.
DATES: This final rule is effective on
November 26, 2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Ron Siegel, Policy Analyst, at 202–702–
0840 or gsa-ogp-transportationpolicy@;
gsa.gov 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 2024–03’’.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Executive Order (E.O.) 13988,
Preventing and Combating
Discrimination on the Basis of Gender
Identity or Sexual Orientation, dated
January 20, 2021, establishes a policy
‘‘to prevent and combat discrimination
on the basis of gender identity or sexual
orientation, and to fully enforce Title
VII and other laws that prohibit
discrimination on the basis of gender
identity or sexual orientation.’’
The Federal Government must be a
model for diversity, equity, inclusion,
E:\FR\FM\26NOR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Rules and Regulations]
[Pages 93192-93198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27552]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-118
[FMR Case 2023-02; Docket No. GSA-FMR-2023-0014; Sequence No. 2]
RIN 3090-AK73
Federal Management Regulation; Transportation Payment and Audit
Regulations
AGENCY: Office of Government-Wide Policy (OGP), General Services
Administration (GSA).
[[Page 93193]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States General Services Administration (GSA) is
issuing a final rule amending the Federal Management Regulation (FMR).
This amendment executes changes that include the removal, addition, and
revision of definitions, the elimination of gender pronouns, the
simplification of requirements, the alteration of statutory references,
and the clarification of GSA's role in adjudicating disputes arising
from audits of transportation bills. These adjustments are necessary to
furnish accurate guidance for agencies, facilitate proper management
and compliance with transportation invoice payment and audit
obligations.
DATES: Effective date: December 26, 2024.
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, assigned to the
Administrator of GSA (Administrator) the authority to prescribe
regulations for the audit of transportation invoices prior to payment,
and the statutory authority for audit oversight of transportation
invoices to protect the financial interests of the Government (31
U.S.C. 3726). The law also provides the Administrator the power to
conduct prepayment or postpayment audits of transportation bills of any
Federal agency. GSA has codified these requirements in 41 CFR part 102-
118, Transportation Payment and Audit (Federal Management Regulation
(FMR) part 102-118).
Certain other statutes collectively empower the Administrator to
create regulations governing various aspects of Federal procurement for
transportation, ensuring compliance with Federal laws, and promoting
the efficient use of Government resources. These include 40 U.S.C. 501,
which grants the Administrator the authority to establish regulations
for executive agencies regarding the procurement and supply of personal
property, nonpersonal services, and related functions, including
transportation and transportation services. Additionally, 49 U.S.C.
40118 authorizes the Administrator to prescribe regulations allowing
agencies to expend appropriations for transportation in violation of
the requirements of said section.
GSA last amended FMR part 102-118 on May 31, 2022 (87 FR 32320), to
perform editorial and technical changes. 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.
This final rule modifies definitions that apply to this part, which
include incorporating 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 have been 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), have been removed from the
definitions section because the terms are not utilized in this part.
Additionally, some definitions have been amended to enhance clarity
including the terms cash, Government contractor-issued charge card, and
offset. GSA updated the definition of a Government contractor-issued
charge card and introduced a new definition for an individually billed
travel card. This change was made to define and explain the distinction
between the two types of charge cards that the Government may use to
procure transportation. The revised definitions clarify agency
responsibilities, thereby significantly reducing ambiguity and the
potential for non-compliance.
This final rule continues to improve upon the changes introduced in
the aforementioned direct final rule published on May 31, 2022. That
rule eliminated unnecessary procedures for agencies to request GBL and
Government Transportation Request (GTR) forms, along with their
corresponding control numbers. GSA has amended this FMR part to 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.
With the publication of this rule, GSA grants agencies discretion
in using a GBL for domestic shipping. Agencies, and not GSA, are
responsible for maintaining physical control and accountability of the
GBLs they issue. In its present form, this FMR part restricts the use
of a GBL to international shipments, however GSA acknowledges that
agencies might occasionally need to issue a GBL for domestic shipments.
Therefore, since agencies are obligated to manage the GBLs they issue,
they should have the flexibility to decide when using a GBL is
necessary to fulfill their mission. Providing Federal agencies with the
latitude to issue GBLs when it is mission-essential enhances their
ability to respond promptly and efficiently to critical needs, ensures
better control and oversight of transportation processes, optimizes
resource use, and can result in cost savings and legal protections.
This flexibility is crucial for maintaining the effectiveness and
efficiency of Federal operations, especially in times of urgency.
Additionally, GSA clarifies that a bill of lading can be used to
procure both transportation and transportation services.
This 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
revised regulation now requires agencies to send copies of rates
provided by pipeline carriers as well. GSA corrected information
including legal references related to actions by and against the
Government. The revised information now lists proper authorities and
deadlines for filing freight charges, loss and damage claims, and
filing claims against a TSP for the collection of overcharges.
Lastly, GSA has removed gender pronouns from this FMR part. The
removal of gender pronouns promotes inclusivity and modernizes the
language of the regulation.
II. Discussion of the Final Rule
A. Summary of Significant Changes
This final rule provides agencies with additional clarification on
the role of the TAMS and its benefit to TSPs, specifically when filing
certain claims. It also outlines the circumstances under which Federal
agencies use the TAMS. Additionally, when agencies submit their paid
transportation invoices and other documentation through the TAMS, it
allows the GSA Transportation Audits Division to
[[Page 93194]]
maintain and store these transportation records in accordance with the
General Records Schedule.
The GSA Transportation Audits Division maintains a central
repository of electronic transportation billing records for legal and
auditing purposes. Therefore, to comply with the Office of Management
and Budget Memorandum M-23-07, GSA now requires agencies to submit
their payment documentation for a post payment audit via the TAMS.
Other documents that may need to be sent to GSA Transportation Audits
Division will only be accepted electronically via email. Consequently,
physical mailing addresses have been 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. TSPs are also permitted to use the
TAMS to file a claim with the GSA Transportation Audits Division;
however, its use by TSPs is not required. It is also important to note
that as of July 2022, all department level agencies were compliant with
this requirement, therefore mandating this requirement should have no
additional effect on agency procedures.
GSA has also included updated regulatory language addressing the
agency's role in adjudicating disputes arising from audits of
transportation bills. The Administrator of GSA has the authority to
``adjudicate transportation claims which cannot be resolved by the
agency procuring the transportation services, or the carrier or
freight-forwarder presenting the bill'' (31 U.S.C. 3726(c)). GSA
acknowledges that its notice of proposed rulemaking (89 FR 12296,
February 16, 2024) did not expressly state that such authority is
limited to ``transportation claims which cannot be resolved by the
agency procuring the transportation services, or the carrier or
freight-forwarder presenting the bill.'' 31 U.S.C. 3726(c). Upon
further review of the statute and other relevant factors, including
judicial decisions interpreting these provisions, GSA has updated the
regulatory text in this final rule to accurately reflect the statutory
text.
GSA's procedures for performing an audit are incorporated in
subpart F of this FMR part and apply to all procurement vehicles and
methods available to agencies to procure transportation and
transportation services. This language is included for clarity, creates
no additional cost, and requires no additional effort by the TSP.
B. Analysis of Public Comments
In the proposed rule published at 89 FR 12296 on February 16, 2024,
GSA provided the public a 60-day comment period which ended on April
16, 2024. GSA received one timely comment, which is from an anonymous
source. As a result of the comment, minor changes were made from the
proposed rule to the final rule.
Comment: ``I agree that a change is needed to Sec. 102-
118.460(a)(5) [sic] because the current reference is incorrect however
I think the timeline for filing a claim with the court should remain at
1 year.''
Response: After review, GSA restored the time limit in the ``loss
and damage'' column of Sec. 102-118.460(a)(5) to 1-year. Only the
legal references have been revised in this section.
In addition, GSA received an untimely comment from Crowley Maritime
Services. In the comment, Crowley requested that the agency ``extend''
the comment period, but Crowley provided no explanation as to why an
extension would be appropriate. GSA therefore declines to consider the
late-filed comment. GSA also notes that Crowley's comment primarily
concerns the scope of the agency's dispute-resolution authority. This
rule's discussion of that authority is consistent with the relevant
statutory language. See 31 U.S.C. 3726.
III. 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 E.O. 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 rule is not a significant regulatory action, and
therefore, is not subject to review under section 6(b) of E.O. 12866.
IV. Congressional Review Act
OIRA has determined that this rule is not a ``major rule'' under 5
U.S.C. 804(2). Title II, Subtitle E of the Small Business Regulatory
Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also
known as the Congressional Review Act or CRA, generally provides that
before a rule may take effect, unless excepted, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. This rule is excepted from CRA reporting requirements
prescribed under 5 U.S.C. 801 as it relates to agency management or
personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This final 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 was not
performed.
VI. 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 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.
Robin Carnahan,
Administrator, General Services Administration.
For the reasons set forth in the preamble, GSA amends 41 CFR part
102-118 as follows:
PART 102-118--TRANSPORTATION PAYMENT AND AUDIT
0
1. The authority citation for 41 CFR part 102-118 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.
[[Page 93195]]
Sec. 102-118.25 [Amended]
0
2. Amend Sec. 102-118.25 by removing ``may request'' and adding ``is
required'' in its 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. Removing the definitions of ``Electronic data interchange'' and
``Government contractor-issued charge card'' and adding the definitions
of ``Electronic data interchange (EDI)'' and ``Government contractor
issued charge card'' in their places, respectively;
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, in alphabetical order, 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, in alphabetical order, 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/.
* * * * *
Electronic data interchange (EDI) means electronic techniques for
carrying out transportation transactions using electronic transmissions
of the information between computers instead of paper documents. These
electronic transmissions must use established and published formats and
codes as authorized by the applicable Federal Information Processing
Standards.
* * * * *
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 ``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 ``Government contractor issued charge card,
purchase order (or electronic equivalent), or a bill of lading
including a Government bill of lading'' in its place; and
0
b. In paragraph (b), removing ``Government issued charge card (or
centrally billed travel account citation), Government issued individual
travel charge card, personal charge card,'' and adding ``Government
contractor issued charge card, centrally billed travel account,
personal charge/credit card,'' in its place.
0
5. Amend Sec. 102-118.45 by revising paragraphs (a)(1)(i) and
(a)(3)(i) and (ii) to read as follows:
Sec. 102-118.45 How does a transportation service provider (TSP) bill
my agency for transportation and transportation services?
* * * * *
Transportation Service Provider Billing
------------------------------------------------------------------------
(a) Ordering method * * * * *
------------------------------------------------------------------------
(1)(i) Government contractor issued charge card; and... * * * * *
* * * * *
(3)(i) Government contractor issued charge card * * * * *
(individually billed travel card);....................
(ii) Personal charge/credit card; and.................. * * * * *
* * * * *
------------------------------------------------------------------------
0
6. Amend Sec. 102-118.50 by:
0
a. Revising paragraph (a); and
[[Page 93196]]
0
b. In paragraph (c), removing ``(31 CFR part 208)''.
The revision reads as follows:
Sec. 102-118.50 How does my agency pay for transportation services?
* * * * *
(a) Electronic funds transfer (EFT). Your agency is required by
statute (31 U.S.C. 3332, et seq.) to make all payments by EFT unless
your agency receives a waiver from the Department of the Treasury.
* * * * *
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 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.
0
11. Amend Sec. 102-118.150 by revising paragraph (a) to read as
follows:
Sec. 102-118.150 What are the major mandatory terms and conditions
governing the use of passenger transportation documents?
* * * * *
(a) Government travel must be via the lowest cost available that
meets travel requirements (e.g., Government contract, fare, through,
excursion, or reduced one way or round trip fare);
* * * * *
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.
0
14. Amend Sec. 102-118.260 by revising paragraph (a) to read as
follows:
Sec. 102-118.260 Must my agency send all quotations, tenders, or
contracts with a TSP to GSA?
(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 revision reads 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 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 ``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 ``via TAMS (https://tams.gsa.gov), or by email to
[email protected]'' in its place.
0
17. Amend Sec. 102-118.425 by revising the section heading and
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).
* * * * *
0
18. Amend Sec. 102-118.430 by:
0
a. Revising paragraph (f); and
0
b. In paragraph (g), removing the second and third sentences.
The revision reads as follows:
Sec. 102-118.430 What is the process the GSA Transportation Audits
Division employs to conduct a postpayment audit?
* * * * *
(f) Issues a Notice of Overcharge stating that a TSP owes a debt to
the agency; and
* * * * *
Sec. 102-118.435 [Amended]
0
19. Amend Sec. 102-118.435 by, in paragraph (a)(7), removing ``freight
or passenger'' and adding ``all'' in its place.
Sec. 102-118.440 [Amended]
0
20. Amend Sec. 102-118.440 by, in the second sentence, removing
``type'' and adding ``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 with the GSA Transportation Audits Division
against my agency?
The time limits on a TSP transportation claim against the
Government differ by mode as shown in the following table:
[[Page 93197]]
Time Limits on Actions Taken by TSP
------------------------------------------------------------------------
Mode Freight charges Statute
------------------------------------------------------------------------
(a) Air domestic................ 6 years........... 28 U.S.C. 2401,
2501.
(b) Air international........... 6 years........... 28 U.S.C. 2401,
2501.
(c) Freight forwarders (subject 3 years........... 49 U.S.C.
to 49 U.S.C. chapter 135). 14705(f).
(d) Motor....................... 3 years........... 49 U.S.C.
14705(f).
(e) Rail........................ 3 years........... 49 U.S.C.
11705(f).
(f) Water (subject to 49 U.S.C. 3 years........... 49 U.S.C.
chapter 135). 14705(f).
(g) Water (not subject to 49 2 years........... 46 U.S.C. 30905.
U.S.C. chapter 135).
(h) TSPs not specified in 6 years........... 28 U.S.C. 2401,
paragraphs (a) through (g) of 2501.
this section.
------------------------------------------------------------------------
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 49 3 years. 49 U.S.C. 3 years. 49 U.S.C. 6 years. 28 U.S.C.
U.S.C. chapter 135). 14705(f). 14705(f). 2415.
(4) Water (subject to 49 U.S.C. 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 49 U.S.C. 6 years. 28 U.S.C. 2415 3 years. 46 U.S.C. 1 year; Carriage of
chapter 135). 41301. Goods By Sea Act, 46
USC 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 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.
(2) [Reserved].......................
----------------------------------------------------------------------------------------------------------------
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].
* * * * *
0
26. Amend Sec. 102-118.510 by:
0
a. Revising the section heading; and
0
b. Removing ``GSA Form 7931'' and adding ``Certificate of Settlement''
in its place.
The revision reads as follows:
Sec. 102-118.510 Can my agency revise or alter a Certificate of
Settlement?
* * * * *
0
27. Revise Sec. 102-118.540 to read as follows:
Sec. 102-118.540 Who has the authority to audit and settle bills for
all transportation services provided for my agency?
(a) The Administrator of GSA has the authority and responsibility
to audit and settle all transportation bills. The number and types of
bills audited shall be based on the Administrator's judgment (31 U.S.C.
3726(b)). The Administrator has authority to administratively
adjudicate transportation claims which cannot be resolved by the agency
procuring the transportation services, or the carrier or freight-
forwarder presenting the bill pursuant to 31 U.S.C. 3726(c).
(b) The Administrator has delegated the responsibility set out in
paragraph
[[Page 93198]]
(a) of this section 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.
0
29. Amend Sec. 102-118.550 by revising the section heading to read as
follows:
Sec. 102-118.550 How does a TSP file a claim using EDI or other
electronic means?
* * * * *
0
30. Amend Sec. 102-118.555 by:
0
a. Revising the section heading; and
0
b. Removing ``administrative'' from the first sentence.
The revision reads as follows:
Sec. 102-118.555 Can a TSP file a supplemental claim?
* * * * *
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].
0
32. Amend Sec. 102-118.565 by:
0
a. Revising the section heading; and
0
b. Removing ``An administrative claim'' and adding ``A claim'' in its
place.
The revision reads as follows:
Sec. 102-118.565 What documentation is required when filing a claim?
* * * * *
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. Revise Sec. 102-118.630 to 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
the ``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. 2024-27552 Filed 11-25-24; 8:45 am]
BILLING CODE 6820-14-P
