41 C.F.R. PART 109–38—MOTOR EQUIPMENT MANAGEMENT
Title 41 - Public Contracts and Property Management
Authority: 42 U.S.C. 7254.
Source: 63 FR 19632, Apr. 20, 1998, unless otherwise noted.
Motor vehicles and watercraft shall be acquired, maintained, and utilized in support of DOE programs in the minimum quantity required and in the most efficient manner consistent with program requirements, safety considerations, fuel economy, and applicable laws and regulations. Experimental vehicles means vehicles acquired solely for testing and research purposes or otherwise designated for experimental purposes. Such vehicles are to be the object of testing and research as differentiated from those used as vehicular support to testing and research. Experimental vehicles are not to be used for passenger carrying services unless required as part of a testing/evaluation program, and they are not subject to statutory price limitations or authorization limitations. Motor equipment means any item of equipment which is self-propelled or drawn by mechanical power, including motor vehicles, motorcycles and scooters, construction and maintenance equipment, materials handling equipment, and watercraft. Motor vehicle means any equipment, self-propelled or drawn by mechanical power, designed to be operated principally on highways in the transportation of property or passengers. Special purpose vehicles means vehicles which are used or designed for specialized functions. These vehicles include, but are not limited to: Trailers, semi-trailers, other types of trailing equipment; trucks with permanently mounted equipment (such as aerial ladders); construction and other types of equipment set forth in Federal Supply Classification Group (FSCG) 38; material handling equipment set forth in FSCG 39; and fire fighting equipment set forth in FSCG 42. For reporting purposes within DOE, motorcycles, motor scooters and all terrain vehicles will also be reported as special purpose vehicles. (a) [Reserved] (b) All requests to purchase passenger automobiles larger than class IA, IB, or II (small, subcompact, or compact) shall be forwarded with justification to the DPMO for approval and certification for compliance with the fuel economy objectives listed in 41 CFR 101–38.104. (1)–(4) [Reserved] (5) Requests to exempt certain light trucks from the fleet average fuel economy calculations shall be forwarded with justification to the DPMO for approval. (a) DOE activities shall submit a copy of all motor vehicle leases and purchases not procured through the GSA Automotive Commodity Center to GSA. (b)–(c) [Reserved] (d) DOE activities desiring to renew a commercial lease shall submit the requirement in writing to the DPMO for approval prior to submission by field offices to GSA. (e) DOE activities shall submit a copy of all lease agreements to GSA. (a)–(e) [Reserved] (f) Requests made pursuant to 41 CFR 101–38.200(f) for exemption from the requirement for displaying U.S. Government tags and other identification on motor vehicles, except for those vehicles exempted in accordance with §109–38.204–1 of this subpart, shall be submitted through normal administrative channels to the DPMO for approval. Each approved exemption must be renewed annually, and the DPMO shall be notified promptly when the need for a previously authorized exemption no longer exists. Copies of certifications and cancellation notices required to be furnished to GSA pursuant to 41 CFR 101–38.200(f) will be transmitted to GSA by the DPMO. (g) Requests for temporary removal and substitution of Government markings shall be submitted with justification to the DPMO for review and approval. Copies of the determination and justification required to be furnished to GSA will be transmitted to GSA by the DPMO. Motor vehicles used in foreign countries are to be registered and carry license tags in accordance with the existing motor vehicle regulations of the country concerned. The person responsible for a motor vehicle in a foreign country shall make inquiry at the United States Embassy, Legation, or Consulate concerning the regulations that apply to registration, licensing, and operation of motor vehicles and shall be guided accordingly. The Director of Administrative Services and heads of field organizations shall make the determination concerning the use of tags outside the District of Columbia. (a) The DPMO assigns “blocks” of U.S. Government license tag numbers to DOE organizations and maintains a current record of such assignments. Additional “blocks” will be assigned upon request. (b) Each DOE direct operation and designated contractor shall maintain a current record of individual assignments of license tags to the motor vehicles under their jurisdiction. Unissued license tags shall be stored in a locked drawer, cabinet, or storage area with restricted access to prevent possible fraud or misuse. Tags which are damaged or unusable will be safeguarded until destroyed. Standard DOE motor vehicle window decals (DOE Form 1530.1), and door decals to be used only on vehicles without windows (DOE Form 1530.2), are available from the Office of Administrative Services, Logistics Management Division, Headquarters, using DOE Form 4250.2, “Requisition for Supplies, Equipment or Services”, or as directed by that office. (a)–(f) [Reserved] (g) The Director, Office of Administrative Services and heads of field organizations for their respective organizations may approve exemptions from the requirement for the display of U.S. Government license tags and other official identification for motor vehicles used for security or investigative purposes. The Director, Office of Administrative Services is designated to approve requests for regular District of Columbia license tags, and furnishes annually the name and specimen signature of each representative authorized to approve such requests to the District of Columbia Department of Transportation. DOE offices shall provide upon request the necessary information to the DPMO to enable that office to submit a report of exempted vehicles. The Director, Office of Administrative Services and heads of field organizations shall maintain records of motor vehicles exempted from displaying U.S. Government license tags and other identification. The records shall contain a listing, by type, of each exempted motor vehicle operated during the previous fiscal year, giving information for each motor vehicle on hand at the beginning of the year and each of those newly authorized during the year, including: (a) Name and title of authorizing official (including any authorization by Headquarters and GSA); (b) Date exemption was authorized; (c) Justification for exemption and limitation on use of the exempted motor vehicle; (d) Date of discontinuance for any exemption discontinued during the year; and (e) Probable duration of exemptions for motor vehicles continuing in use. This subpart prescribes the requirements governing the use of Government motor vehicles for official purposes by designated contractors. The use of Government motor vehicles by officers and employees of the Government is governed by the provisions of 41 CFR 101–6.4 and section 109–6.4 of this chapter. Heads of field organizations shall ensure that provisions of the FPMR concerning contractor use of Government motor vehicles are complied with by their designated contractors. (a) Government motor vehicles shall not be used for transportation between residence and place of employment by designated contractor personnel except under extenuating circumstances specifically provided for under the terms of the contract. Examples of circumstances eligible for prior approval of home-to-work motor vehicle use which would be appropriate to include in the terms of the contract include: use related to safety or security operations, use related to compelling operational considerations, and use determined as cost effective to DOE's interest. Under no circumstances shall the comfort and convenience, or managerial position, of contractor employees be considered justification for authorization of use. (b) The use of Government motor vehicles for transportation between residence and place of employment (including sporadic use) by designated contractor personnel shall be approved in writing by the Head of the field organization or designee, with delegation no lower than the Assistant Manager for Administration at the Operations Offices or the equivalent position at other DOE contracting activities provided that the individual is a warranted contracting officer. The contractor's request for approval shall include the name and title of the employee, the reason for the use, and the expected duration of the use. Each authorization is limited to one year, but can be extended for an unlimited number of additional one-year periods. (a) Procedures for authorization of designated contractor use of Government motor vehicles in emergencies, including unscheduled overtime situations at remote sites where prior approval is not possible, shall be included in a contractor's approved property management procedures. The procedures shall include examples of emergency situations warranting such use. Records detailing instances of emergency use shall be maintained and review of all such emergency or overtime use must be certified through established audit procedures on at least an annual basis by the OPMO. (b) In limiting the use of Government motor vehicles to official purposes, it is not intended to preclude their use in emergencies threatening loss of life or property. Such use shall be documented and the documentation retained for three years. Designated contractors shall maintain logs or other records on the use of a Government motor vehicle for transportation between an employee's residence and place of employment. As a minimum, these logs shall indicate the employee's name, date of use, time of departure and arrival, miles driven, and names of other passengers. Cognizant finance offices shall be provided with applicable data on employees who utilize Government motor vehicles for such transportation for purposes of the Deficit Reduction Act of 1984 concerning the taxation of fringe benefits. Designated contractors shall assure that their employees are aware of their responsibilities, identical to those listed in §109–6.400–50 of this chapter for DOE employees, concerning the use and operation of Government motor vehicles. It is DOE policy that motor vehicle operators shall use self-service pumps in accordance with the provisions of 41 CFR 101–38.401–2. (a) [Reserved] (b) Motor vehicles may be replaced without regard to the replacement standards in 41 CFR 101–38.402 only after certification by the Director of Administrative Services or the Head of the field organization for their respective organizations that a motor vehicle is beyond economical repair due to accident damage or wear caused by abnormal operating conditions. A replaced motor vehicle shall be removed from service and disposed of prior to or as soon as practicable after delivery of the replacement motor vehicle to avoid concurrent operation of both motor vehicles. The policy for assigning responsibility for vehicle damage is to recover from users the costs for damages which would adversely affect the vehicle's resale. The designated contractor will charge the using organization all costs resulting from damage, including vandalism, theft and parking lot damage to a DOE vehicle which occurs during the period that the vehicle is assigned to an employee of that organization. The charges recovered by the designated maintenance operation will be used to repair the vehicle. Other examples for which organizations will be charged are as follows: (a) Damage caused by misuse or abuse inconsistent with normal operation and local conditions; or (b) Repair costs which are incurred as a result of user's failure to obtain required preventative maintenance; or (c) Unauthorized purchases or repairs, including credit card misuse, provided there is a clear, flagrant, and documented pattern of such occurrences. Exceptions to §109–38.403–2 of this subpart are as follows: (a) As the result of the negligent or willful act of a party other than the organization or it's employee, and the responsible party can be determined; or (b) As a result of mechanical failure and the employee was not otherwise negligent. Proof of the failure must be provided; or (c) As a result of normal wear comparable to similar vehicles. (a) Whenever practicable and cost effective, commercial service facilities shall be utilized for the maintenance of motor vehicles. (b) Individual vehicle maintenance records shall be kept to provide records of past repairs, as a control against unnecessary repairs and excessive maintenance, and as an aid in determining the most economical time for replacement. (c) One-time maintenance and repair limitations shall be established by the motor equipment fleet manager. To exceed repair limitations, approval of the motor equipment fleet manager is required. (d) Warranties. (1) Motor vehicles under manufacturer's warranty shall be repaired under the terms of the warranty. (2) When motor vehicles are maintained in Government repair facilities in isolated locations that are distant from franchised dealer facilities, or when it is not practical to return the vehicles to a dealer, a billback agreement shall be sought from manufacturers to permit warranty work to be performed on a reimbursable basis. The Standard Form (SF) 97 shall be signed by an appropriate contracting officer. The Director, Office of Administrative Services and heads of field organizations for their respective organizations may delegate the authority to sign SF 97 to responsible DOE personnel under their jurisdiction. (a)–(c) [Reserved] (d) The Director, Office of Administrative Services and heads of field organizations for their respective organizations shall be responsible for establishing procedures to provide for the administrative control of fleet credit cards. Administrative control shall include, as a minimum: (1) A reconciliation of on-hand credit cards with the inventory list provided by GSA, (2) Providing motor vehicle operators with appropriate instructions regarding the use and protection of credit cards against theft and misuse, (3) The taking of reasonable precautions in the event an SF 149 or SF 149A is lost or stolen to minimize the opportunity of purchases being made by unauthorized persons, including notification to the paying office of the loss or theft, (4) Validation of credit card charges to ensure they are for official use only items, and (5) Being on the alert for any unauthorized bills. DOE offices electing to use national credit cards shall request the assignment of billing address code numbers from the DPMO. Following the assignment, DOE organizations shall submit orders for issuance of national credit cards in accordance with the instructions provided by GSA. The Director, Office of Administrative Services and OPMOs for their respective organizations shall establish adequate records for accounting and reporting purposes. (a) DOE offices and designated contractors operating DOE-owned or commercially-leased motor vehicles shall prepare the following reports using SF 82, Agency Report of Motor Vehicle Data or DOE approved equivalent, for the entire fleet including security vehicles. (1) DOE Report of Motor Vehicle Data. (2) DOE Report of Truck Data. (b) Designated contractors shall submit the reports to the DOE contracting office for review and approval. DOE offices shall submit reports, including designated contractor reports, to the DPMO by November 15 of each year. (c) Copies of the report forms may be obtained by contacting the DPMO. (d) Personal computer generated reports are acceptable provided that the standard report format is followed. This subpart prescribes policies and procedures concerning the utilization of motor equipment. It is DOE policy to keep the number of motor vehicles and other motor equipment at the minimum needed to satisfy programmatic requirements. To attain this goal, controls and practices shall be established which will achieve the most practical and economical utilization of motor equipment. These controls and practices apply to all DOE-owned and commercially leased motor equipment and to GSA Interagency Fleet Management System motor vehicles. Controls and practices to be used by DOE organizations and designated contractors for achieving maximum economical utilization of motor equipment shall include, but not be limited to: (a) The maximum use of motor equipment pools, taxicabs, shuttle buses, or other common service arrangements; (b) The minimum, practicable assignment of motor equipment to individuals, groups, or specific organizational components; (c) The maintenance of individual motor equipment use records, such as trip tickets or vehicle logs, or hours of use, as appropriate, showing sufficiently detailed information to evaluate appropriateness of assignment and adequacy of use being made. If one-time use of a motor vehicle is involved, such as assignments from motor pools, the individual's trip records must, as a minimum, identify the motor vehicle and show the name of the operator, dates, destination, time of departure and return, and mileage; (d) The rotation of motor vehicles between high and low mileage assignments where practicable to maintain the fleet in the best overall replacement age and mileage balance and operating economy; (e) The charging, if considered feasible, to the user organization for the cost of operating and maintaining motor vehicles assigned to groups or organizational components. These charge-back costs should include all direct and indirect costs of the motor vehicle fleet operation as determined by the field organization and contractor finance and accounting functions; (f) The use of dual-purpose motor vehicles capable of hauling both personnel and light cargo whenever appropriate to avoid the need for two motor vehicles when one can serve both purposes. However, truck-type or van vehicles shall not be acquired for passenger use merely to avoid statutory limitations on the number of passenger motor vehicles which may be acquired; (g) The use of motor scooters and motorcycles in place of higher cost motor vehicles for certain applications within plant areas, such as mail and messenger service and small parts and tool delivery. Their advantage, however, should be weighed carefully from the standpoint of overall economy (comparison with cost for other types of motor vehicles) and increased safety hazards, particularly when mingled with other motor vehicle traffic; and (h) The use of electric vehicles for certain applications. The use of these vehicles is encouraged wherever it is feasible to use them to further the goal of fuel conservation. (a) The following average utilization standards are established for DOE as objectives for those motor vehicles operated generally for those purposes for which acquired: (1) Sedans and station wagons, general purpose use—12,000 miles per year. (2) Light trucks (4×2's) and general purpose vehicles, one ton and under (less than 12,500 GVWR)—10,000 miles per year. (3) Medium trucks and general purpose vehicles, 1 (4) Heavy trucks and general purpose vehicles, three ton and over (24,000 GVWR and over)—7,500 miles per year. (5) Truck tractors—10,000 miles per year. (6) All-wheel-drive vehicles—7,500 miles per year. (7) Other motor vehicles—No utilization standards are established for other trucks, ambulances, buses, law enforcement motor vehicles, and special purpose vehicles. The use of these motor vehicles shall be reviewed at least annually by the motor equipment fleet manager and action shall be taken and documented to verify that the motor vehicles are required to meet programmatic, health, safety, or security requirements. (b) When operating circumstances prevent the above motor vehicle utilization standards from being met, local use objectives must be established and met as prescribed in §109–38.5105 of this subpart. No utilization standards are established for motor equipment other than motor vehicles. Each DOE office should establish through an agreement between the fleet manager and the OPMO utilization criteria for other motor equipment including heavy mobile equipment and review, adjust, and approve such criteria annually. Utilization of various classifications of other motor equipment can be measured through various statistics including miles, hours of use, number of trips, and fuel consumption. A utilization review of other motor equipment shall be performed at least annually by the motor equipment fleet manager to justify retainment or disposition of excess equipment not needed to fulfill Departmental, programmatic, health, safety, or security requirements. (a) Individual motor vehicle utilization cannot always be measured or evaluated strictly on the basis of miles operated or against any Department-wide mileage standard. For example, light trucks specifically fitted for use by a plumber, welder, etc., in the performance of daily work assignments, would have uniquely tailored use objectives, different from those set forth for a truck used for general purposes. Accordingly, efficient local use objectives, which represent practical units of measurement for motor vehicle utilization and for planning and evaluating future motor vehicle requirements, must be established and documented by the Organizational Motor Equipment Fleet Manager. The objectives should take into consideration past performance, future requirements, geographical disbursement, and special operating requirements. (b) These objectives shall be reviewed and adjusted as appropriate, but not less often than annually, by the motor equipment fleet manager. The reviews shall be documented. The Organizational Motor Equipment Fleet Manager is responsible for reviewing and approving in writing all proposed local use objectives. (a) At least annually, the motor equipment fleet manager will review motor vehicle utilization statistics and all motor vehicles failing to meet the applicable DOE utilization standard or local use objective must be identified. (b) Prompt action must be initiated to: (1) Reassign the underutilized motor vehicles; (2) Dispose of the underutilized motor vehicles; or (3) Obtain a special justification from users documenting their continued requirement for the motor vehicle and any proposed actions to improve utilization. Any requirement for underutilized motor vehicles which the motor equipment fleet manager proposes to continue in its assignment, must be submitted in writing to the Organizational Motor Equipment Fleet Manager for approval. (c) Both Department-wide standards and local use objectives should be applied in such a manner that their application does not stimulate motor vehicle use for the purpose of meeting the objective. The ultimate standard against which motor vehicle use must be measured is that the minimum number of motor vehicles will be retained to satisfy program requirements. This subpart establishes basic policies and procedures that apply to the management of watercraft operated by DOE organizations and designated contractors. The head of each Departmental organization operating watercraft shall issue such supplemental instructions as may be needed to ensure the efficient use and management of watercraft. As used in this subpart the following definition applies: Watercraft means any vessel used to transport persons or material on water. (a) No person may operate a watercraft on a waterway until skill of operation and basic watercraft knowledge have been demonstrated. (b) Operators of watercraft shall check the vessel to ensure that necessary equipment required by laws applicable to the area of operation are present, properly stowed, and in proper working order. (c) Operators shall comply with all applicable Federal, state, and local laws pertaining to the operation of watercraft. (d) Operators shall not use watercraft or carry passengers except in the performance of official Departmental assignments. Watercraft in the custody of DOE or designated contractors shall display identifying numbers, whether issued by the U.S. Coast Guard, State, or local field organization, in accordance with applicable requirements.
Title 41: Public Contracts and Property Management
PART 109–38—MOTOR EQUIPMENT MANAGEMENT
Section Contents
§ 109-38.000 Scope of part.
§ 109-38.000-50 Policy.
§ 109-38.001 Definitions.
§ 109-38.104 Fuel efficient passenger automobiles and light trucks.
§ 109-38.105 Agency purchase and lease of motor vehicles.
§ 109-38.200 General requirements.
§ 109-38.201 Registration and inspection.
§ 109-38.201-50 Registration in foreign countries.
§ 109-38.202 Tags.
§ 109-38.202-2 Outside the District of Columbia.
§ 109-38.202-3 Records.
§ 109-38.202-50 Security.
§ 109-38.203 Agency identification.
§ 109-38.204 Exemptions.
§ 109-38.204-1 Unlimited exemptions.
§ 109-38.204-3 Requests for exempted motor vehicles in the District of Columbia.
§ 109-38.204-4 Report of exempted motor vehicles.
§ 109-38.204-50 Records of exempted motor vehicles.
§ 109-38.300 Scope.
§ 109-38.301 Authorized use.
§ 109-38.301-1 Contractors' use.
§ 109-38.301-1.50 Authorization for transportation between residence and place of employment.
§ 109-38.301-1.51 Emergency use.
§ 109-38.301-1.52 Maintenance of records.
§ 109-38.301-1.53 Responsibilities of motor vehicle operators.
§ 109-38.401 Use standards.
§ 109-38.401-2 Use of self-service pumps.
§ 109-38.402 Replacement standards.
§ 109-38.402-50 Prompt disposal of replaced motor vehicles.
§ 109-38.403 Responsibility for damages.
§ 109-38.403-1 Policy.
§ 109-38.403-2 Responsibility.
§ 109-38.403-3 Exceptions.
§ 109-38.502 Guidelines.
§ 109-38.502-50 DOE guidelines.
§ 109-38.701 Transfer of title for Government-owned motor vehicles.
§ 109-38.701-50 Authority to sign Standard Form 97, The United States Government Certificate to Obtain Title to a Vehicle.
§ 109-38.800 General.
§ 109-38.801 Obtaining SF 149, U.S. Government National Credit Card.
§ 109-38.902 Records.
§ 109-38.903 Reporting of data.
§ 109-38.903-50 Reporting DOE motor vehicle data.
§ 109-38.5100 Scope of subpart.
§ 109-38.5101 Policy.
§ 109-38.5102 Utilization controls and practices.
§ 109-38.5103 Motor vehicle utilization standards.
§ 109-38.5104 Other motor equipment utilization standards.
§ 109-38.5105 Motor vehicle local use objectives.
§ 109-38.5106 Application of motor vehicle use goals.
§ 109-38.5200 Scope of subpart.
§ 109-38.5201 Definition.
§ 109-38.5202 Watercraft operations.
§ 109-38.5203 Watercraft identification and numbers.
§ 109-38.000 Scope of part.
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§ 109-38.000-50 Policy.
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Subpart 109–38.0—Definition of Terms
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§ 109-38.001 Definitions.
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Subpart 109–38.1—Fuel Efficient Motor Vehicles
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§ 109-38.104 Fuel efficient passenger automobiles and light trucks.
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§ 109-38.105 Agency purchase and lease of motor vehicles.
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Subpart 109–38.2—Registration, Identification, and Exemptions
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§ 109-38.200 General requirements.
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§ 109-38.201 Registration and inspection.
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§ 109-38.201-50 Registration in foreign countries.
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§ 109-38.202 Tags.
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§ 109-38.202-2 Outside the District of Columbia.
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§ 109-38.202-3 Records.
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§ 109-38.202-50 Security.
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§ 109-38.203 Agency identification.
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§ 109-38.204 Exemptions.
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§ 109-38.204-1 Unlimited exemptions.
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§ 109-38.204-3 Requests for exempted motor vehicles in the District of Columbia.
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§ 109-38.204-4 Report of exempted motor vehicles.
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§ 109-38.204-50 Records of exempted motor vehicles.
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Subpart 109–38.3—Official Use of Government Motor Vehicles
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§ 109-38.300 Scope.
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§ 109-38.301 Authorized use.
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§ 109-38.301-1 Contractors' use.
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§ 109-38.301-1.50 Authorization for transportation between residence and place of employment.
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§ 109-38.301-1.51 Emergency use.
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§ 109-38.301-1.52 Maintenance of records.
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§ 109-38.301-1.53 Responsibilities of motor vehicle operators.
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Subpart 109–38.4—Use and Replacement Standards
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§ 109-38.401 Use standards.
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§ 109-38.401-2 Use of self-service pumps.
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§ 109-38.402 Replacement standards.
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§ 109-38.402-50 Prompt disposal of replaced motor vehicles.
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§ 109-38.403 Responsibility for damages.
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§ 109-38.403-1 Policy.
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§ 109-38.403-2 Responsibility.
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§ 109-38.403-3 Exceptions.
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Subpart 109–38.5—Scheduled Maintenance
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§ 109-38.502 Guidelines.
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§ 109-38.502-50 DOE guidelines.
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Subpart 109–38.7—Transfer, Storage, and Disposal of Motor Vehicles
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§ 109-38.701 Transfer of title for Government-owned motor vehicles.
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§ 109-38.701-50 Authority to sign Standard Form 97, The United States Government Certificate to Obtain Title to a Vehicle.
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Subpart 109–38.8—Standard Form 149, U.S. Government National Credit Card
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§ 109-38.800 General.
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§ 109-38.801 Obtaining SF 149, U.S. Government National Credit Card.
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Subpart 109–38.9—Federal Motor Vehicle Fleet Report
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§ 109-38.902 Records.
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§ 109-38.903 Reporting of data.
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§ 109-38.903-50 Reporting DOE motor vehicle data.
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Subpart 109–38.51—Utilization of Motor Equipment
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§ 109-38.5100 Scope of subpart.
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§ 109-38.5101 Policy.
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§ 109-38.5102 Utilization controls and practices.
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§ 109-38.5103 Motor vehicle utilization standards.
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§ 109-38.5104 Other motor equipment utilization standards.
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§ 109-38.5105 Motor vehicle local use objectives.
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§ 109-38.5106 Application of motor vehicle use goals.
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Subpart 109–38.52—Watercraft
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§ 109-38.5200 Scope of subpart.
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§ 109-38.5201 Definition.
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§ 109-38.5202 Watercraft operations.
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§ 109-38.5203 Watercraft identification and numbers.
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