41 C.F.R. Subpart I—Transportation Service Provider (TSP) Performance
Title 41 - Public Contracts and Property Management
You must expect the TSP to provide consistent and satisfactory service to meet your agency transportation needs. Important TSP performance measures may include, but are not limited to the: (a) TSP's percentage of on-time deliveries; (b) Percentage of shipments that include overcharges or undercharges; (c) Percentage of claims received in a given period; (d) Percentage of returns received on-time; (e) Percentage of shipments rejected; (f) Percentage of billing improprieties; (g) Average response time on tracing shipments; (h) TSP's safety record (accidents, losses, damages or misdirected shipments) as a percentage of all shipments; (i) TSP's driving record (accidents, traffic tickets and driving complaints) as a percentage of shipments; and (j) Percentage of customer satisfaction reports on carrier performance. You may choose to place a TSP in temporary nonuse, suspension, or debarment if performance is unsatisfactory. (a) Temporary nonuse is limited to your agency and initiated by the agency transportation officers for a period not to exceed 90 days for: (1) Willful violations of the terms of the rate tender; (2) Persistent or willful failure to meet requested packing and pickup service; (3) Failure to meet required delivery dates; (4) Violation of Department of Transportation (DOT) hazardous material regulations; (5) Mishandling of freight, damaged or missing transportation seals, improper loading, blocking, packing or bracing of property; (6) Improper routing of property; (7) Subjecting your shipments to unlawful seizure or detention by failing to pay debts; (8) Operating without legal authority; (9) Failure to settle claims according to Government regulations; or (10) Repeated failure to comply with regulations of DOT, Surface Transportation Board, State or local governments or other Government agencies. (b) Suspension is disqualifying a TSP from receiving orders for certain services under a contract or rate tender pending an investigation or legal proceeding. A TSP may be suspended on adequate evidence of: (1) Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a contract for transportation; (2) Violation of Federal or State antitrust statutes; (3) Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (4) Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the TSP as a transporter of the Government's property or the HHG of its employees relocated for the Government. (c) Debarment means action taken to exclude a contractor from contracting with all Federal agencies. The seriousness of the TSP's acts or omissions and the mitigating factors must be considered in making any debarment decisions. A TSP may be debarred for the following reasons: (1) Failure of a TSP to take the necessary corrective actions within the period of temporary nonuse; or (2) Conviction of or civil judgment for any of the causes for suspension. (a) The transportation officer may place a TSP in temporary nonuse for a period not to exceed 90 days. (b) The serious nature of suspension and debarment requires that these sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Only the agency head or his/her designee may suspend or debar a TSP. (a) Temporary nonuse does not go beyond the agency. (b) GSA compiles and maintains a current list of all suspended or debarred TSPs and periodically distributes the list to all agencies and the General Accounting Office. Refer to the Federal Acquisition Regulation (48 CFR part 9, subpart 9.4) for policies and procedures governing suspension and debarment of a TSP. (a) You must set up a program consistent with your agency's internal record retention procedures to document the placement of TSPs in a nonuse, suspended or debarred status. (b) For temporary nonuse, your records must contain the following information: (1) Name, address, and Standard Carrier Alpha Code and Taxpayer Identification Number of each TSP placed in temporary nonuse status; (2) The duration of the temporary nonuse status; (3) The cause for imposing temporary nonuse, and the facts showing the existence of such a cause; (4) Information and arguments in opposition to the temporary nonuse period sent by the TSP or its representative; and (5) The reviewing official's determination about keeping or removing temporary nonuse status. (c) For suspended or debarred TSPs, your records must include the same information as paragraph (b) of this section and you must: (1) Assure your agency does not award contracts to a suspended or debarred TSP; and (2) Notify GSA (see §102–117.315). Agencies must report monthly any suspension or debarment actions to:
General Services Administration Office of Acquisition Policy (MV) 1800 F Street, NW. Washington, DC 20405 http://www.epls.arnet.gov
Title 41: Public Contracts and Property Management
PART 102–117—TRANSPORTATION MANAGEMENT
Subpart I—Transportation Service Provider (TSP) Performance
§ 102-117.275 What performance must I expect from a TSP?
§ 102-117.280 What aspects of the TSP's performance are important to measure?
§ 102-117.285 What are my choices if a TSP's performance is not satisfactory?
§ 102-117.290 What is the difference between temporary nonuse, suspension and debarment?
§ 102-117.295 Who makes the decisions on temporary nonuse, suspension and debarment?
§ 102-117.300 Do the decisions on temporary nonuse, suspension and debarment go beyond the agency?
§ 102-117.305 Where do I go for information on the process for suspending or debarring a TSP?
§ 102-117.310 What records must I keep on temporary nonuse, suspension or debarment of a TSP?
§ 102-117.315 Who must I notify on suspension or debarment of a TSP?
