41 C.F.R. Subpart B—Acquiring Transportation or Related Services
Title 41 - Public Contracts and Property Management
When you acquire transportation or related services you may: (a) Use the GSA tender of service; (b) Use another agency's contract or rate tender with a TSP only if allowed by the terms of that agreement or if the Administrator of General Services delegates authority to another agency to enter an agreement available to other Executive agencies; (c) Contract directly with a TSP using the acquisition procedures under the Federal Acquisition Regulation (FAR) (48 CFR chapter 1); or (d) Negotiate a rate tender under a Federal transportation procurement statute, 49 U.S.C. 10721 or 13712. (a) It is an advantage to use GSA's tender of service when you want to: (1) Use GSA's authority to negotiate on behalf of the Federal Government and take advantage of the lower rates and optimum service that result from a larger volume of business; (2) Use a uniform tender of service; and (3) Obtain assistance with loss and damage claims. (b) It is a disadvantage to use GSA's tender of service when: (1) You want an agreement that is binding for a longer term than the GSA tender of service; (2) You have sufficient time to follow FAR contracting procedures; and (3) You do not want to pay for the GSA administrative service charge as a participant in the GSA rate tender programs. It is advantageous to use another agency's contract or rate tender for transportation services when the contract or rate tender offers better or equal value than otherwise available to you. When using another agency's contract or rate tender, you must: (a) Assure that the contract or rate tender meets any special requirements unique to your agency; (b) Pay any other charges imposed by the other agency for external use of their contract or rate tender; and (c) Ensure the terms of the other agency's contract or rate tender allow you to use it. (a) The FAR is an advantage to use when: (1) You ship consistent volumes in consistent traffic lanes; (2) You have sufficient time to follow FAR contracting procedures; and (3) Your contract office is able to handle the requirement. (b) The FAR may be a disadvantage when you: (1) Cannot prepare and execute a FAR contract within your time frame; or (2) Have recurring shipments between designated places, but do not expect sufficient volume to obtain favorable rates. (a) Using a rate tender is an advantage when you: (1) Have a shipment that must be made within too short a time frame to identify or solicit for a suitable contract; or (2) Have shipments recurring between designated places, but do not expect sufficient volume to obtain favorable rates. (b) Using a rate tender may be a disadvantage when: (1) You have sufficient time to use the FAR and this would achieve better results; (2) You require transportation service for which no rate tender currently exists; or (3) A TSP may revoke or terminate the tender on short notice. Terms and conditions are important to protect the Government's interest and establish the performance and standards expected of the TSP. It is important to remember that terms and conditions are: (a) Negotiated between the agency and the TSP before movement of any item; and (b) Included in all contracts and rate tenders listing the services the TSP is offering to perform at the cost presented in the rate tender or other transportation document. Note to §102–117.60: You must reference the negotiated contract or rate tender on all transportation documents. For further information see §102–117.65.
Title 41: Public Contracts and Property Management
PART 102–117—TRANSPORTATION MANAGEMENT
Subpart B—Acquiring Transportation or Related Services
§ 102-117.30 What choices do I have when acquiring transportation or related services?
§ 102-117.35 What are the advantages and disadvantages of using GSA's tender of service?
§ 102-117.40 When is it advantageous for me to use another agency's contract or rate tender for transportation services?
§ 102-117.45 What other factors must I consider when using another agency's contract or rate tender?
§ 102-117.50 What are the advantages and disadvantages of contracting directly with a TSP under the FAR?
§ 102-117.55 What are the advantages and disadvantages of using a rate tender?
§ 102-117.60 What is the importance of terms and conditions in a rate tender or other transportation document?
§ 102-117.65 What terms and conditions must all rate tenders or contracts include?
All rate tenders and contracts must include, at a minimum, the following terms and conditions:
(a) Charges cannot be prepaid.
(b) Charges are not paid at time of delivery.
(c) Interest shall accrue from the voucher payment date on overcharges made and shall be paid at the same rate in effect on that date as published by the Secretary of the Treasury according to the Debt Collection Act of 1982, 31 U.S.C. 3717.
(d) To qualify for the rates specified in a rate tender filed under the provisions of the Federal transportation procurement statutes (49 U.S.C. 10721 or 13712), property must be shipped by or for the Government and the rate tender must indicate the Government is either the consignor or the consignee and include the following statement:
Transportation is for the (agency name) and the total charges paid to the transportation service provider by the consignor or consignee are for the benefit of the Government.
(e) When using a rate tender for transportation under a cost-reimbursable contract, include the following statement in the rate tender:
Transportation is for the (agency name), and the actual total transportation charges paid to the transportation service provider by the consignor or consignee are to be reimbursed by the Government pursuant to cost reimbursable contract (number). This may be confirmed by contacting the agency representative at (name, address and telephone number).
(f) Other terms and conditions that may be specific to your agency or the TSP such as specialized packaging requirements or HAZMAT. For further information see the “U.S. Government Freight Transportation Handbook,” available by contacting:
General Services Administration Federal Supply Service Audit Division (FBA) 1800 F Street, NW. Washington, DC 20405 http://www.fss.gsa.gov/transtrav
§ 102-117.70 Where do I find more information on terms and conditions?
You may find more information about terms and conditions in part 102–118 of this chapter, or the “U.S. Government Freight Transportation Handbook” (see §102–117.65(f)).
§ 102-117.75 How do I reference the rate tender on transportation documents?
To ensure proper reference of a rate tender on all shipments, you must show the applicable rate tender number and carrier identification on all transportation documents, such as, section 13712 quotation, “ABC Transportation Company, Tender Number * * *”.
§ 102-117.80 How are rate tenders filed?
(a) The TSP must file an electronic rate tender with your agency. Details of what must be included when submitting electronic tenders is located in §102–118.260(b) of this subchapter.
(b) You must send two copies of the rate tender to—General Services Administration, Federal Supply Service, Audit Division (FBA), 1800 F Street, NW., Washington, DC 20405, www.gsa.gov/transaudits.
[69 FR 57618, Sept. 24, 2004]
§ 102-117.85 What is the difference between a Government bill of lading (GBL) and a bill of lading?
(a) A Government bill of lading (GBL), Optional Forms 1103 and 1203, is a controlled document that conveys specific terms and conditions to protect the Government interest and serves as the contract of carriage.
(b) A bill of lading, sometimes referred to as a commercial bill of lading, is the document used as a receipt of goods and documentary evidence of title.
(c) Use a bill of lading for Government shipments if the specific terms and conditions of a GBL are included in any contract or rate tender (see §102–117.65) and the bill of lading makes reference to that contract or rate tender (see §102–117.75 and the “U.S. Government Freight Transportation Handbook”).
§ 102-117.90 May I use U.S. Government bill of lading (GBL) (Optional Forms 1103 and 1203), to acquire freight, household goods or other related transportation services?
You may use the GBL, Optional Forms 1103 or 1203, to acquire transportation services offered under a contract or rate tender until March 31, 2002. The GBL will completely phase out for domestic shipments on September 30, 2001, and be replaced by commercial bills of lading. After September 30, 2001, you may use the GBL only for international shipments (including domestic offshore shipments).
[65 FR 60061, Oct. 6, 2001, as amended at 66 FR 48812, Sept. 24, 2001]
§ 102-117.95 After the GBLs retire for domestic shipments, what transportation documents must I use to acquire freight, household goods or other transportation services?
Bills of lading and purchase orders are the transportation documents you use to acquire freight, household goods and other transportation services after the GBLs retire for domestic shipments. Terms and conditions in §102–117.65 and the “U.S. Government Freight Transportation Handbook” will still be required. For further information on payment methods, see part 102–118 of this chapter.
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