[Federal Register: May 4, 2005 (Volume 70, Number 85)]
[Proposed Rules]
[Page 23078-23080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my05-14]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 102-117 and 102-118
[FMR Case 2005-102-1]
RIN: 3090-AI08
Federal Management Regulation; Transportation and Management,
Transportation Payment and Audit
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The General Services Administration is amending the Federal
Management Regulation (FMR) by adding the requirement that
transportation managers who obligate the Government for rate tender
procurements must be properly authorized in writing. This written
authorization will certify that the transportation manager is competent
and trained in transportation management and has the authority to
commit Government funds for the procurement of transportation or
transportation services. The FMR and any corresponding documents may be
accessed at GSA's website at http://www.gsa.gov/fmr.
DATES: Comment Date: July 5, 2005.
ADDRESSES: Submit comments identified by FMR case 2005-102-1 by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: http://www.gsa.gov/fmr. Click on the FMR
case number to submit comments.
E-mail: fmrcase.2005-102-1@gsa.gov. Include FMR case 2005-
102-1 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FMR case 2005-
102-1 in all correspondence related to this case. All comments received
will be posted without change to http://www.gsa.gov/fmr, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GS Building, Washington, DC, 20405, at (202) 208-7312 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Elizabeth Allison, Office of Governmentwide
Policy, Transportation Management Policy Division, at (202) 219-1729,
or e-mail at elizabeth.allison@gsa.gov. Please cite FMR case 2005-102-
1.
SUPPLEMENTARY INFORMATION:
A. Background
31 U.S.C. 3325 and 31 U.S.C. 3527 address the issues of liability
and relief of Certifying and Disbursing Officers. The regulation
proposes to clarify the issue of accountability, liability, and relief
by adding an additional requirement that will mandate that any person
or persons who obligates Government funds have proper written authority
from the Agency Head or his/her designee.
It is the responsibility of Government associates, contractors,
and/or agents of the Government to uphold their duty of spending public
money in a responsible fiduciary manner. Therefore, it is the intent of
this proposed regulation to cover not only certifying or disbursing
officers as covered in 31 U.S.C. 3322 and 3528, but all persons holding
the responsibility of procuring or paying for transportation or
transportation services with Government funds to be held accountable
for their transactions. Person(s) with proper authority must display
this authority in plain view.
Federal associates have a duty to uphold the public trust, prevent
the occurrence of conflicts of interest, and to endeavor at all times
to use their position for the public benefit. It is expected that any
Government employee arranging for transportation will follow standards
of professionalism in the relationship between the Government shipper
and the transportation service provider (TSP). As transportation
managers, employees are entrusted to spend money allocated to their
agency effectively and efficiently. Employees must spend those funds
wisely by continually seeking for required transportation services at
the lowest cost and the best value to the Government.
For transportation services acquired under the authorities of the
Federal Acquisition Regulation (FAR) (48 CFR Chapter 1), contracting
officers shall be appointed in writing on a Standard Form 1402,
Certificate of Appointment, which shall state any limitations on the
scope of authority to be exercised, other than limitations contained in
applicable law or regulations. Appointing officials shall maintain
files containing copies of all appointments that have not been
terminated.
Agency heads are encouraged to delegate micro-purchase authority to
individuals who are employees of an executive agency or members of the
Armed Forces of the United States who will be using the supplies or
services being purchased. Individuals delegated this authority shall be
appointed in writing in accordance with agency procedures.
The FAR further states that procurement officers are to utilize the
talent and experience of a qualified transportation officer for any
transportation procurements. At a minimum, transportation managers,
conducting a FAR procurement, will have Contracting Officer
Representative (COR) training. There are a number of classes being
offered in the commercial sector. GSA prescribes the Federal
Acquisition Institute's Contracting Officer Representative (COR) Mentor
Program that is on-line, for its CORs.
It is, therefore, reasonable to expect that transportation
managers, acquiring transportation services utilizing a rate tender,
will be qualified, trained in transportation management, and have
experience with a rate tender. Transportation managers generally are
not formally delegated the authority to perform their functions, nor
are they required to meet any specialized training experience or
education requirements. This proposed rule describes procedures with
respect to delegations of authority, and outlines training and
experience requirements. Transportation managers, acquiring
transportation for one-time-only shipments utilizing procurements other
than the FAR or a rate tender, should have the authority to commit
Government funds. The delegated authority will be in writing.
B. Substantive Changes
This proposed rule adds the requirement and clarifies the authority
and training that transportation managers must have to obligate
Government expenditures for the procurement of transportation or
transportation services utilizing a rate tender procurement.
This proposed rule adds the requirement and clarifies the issue of
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which person(s) obligating Government funds will be held accountable
and that relief can only be authorized by their agency's counsel.
C. Executive Order 12866
GSA has determined that this proposed rule is not a significant
rule for the purposes of Executive Order 12866 of September 30, 1993.
D. Regulatory Flexibility Act
This proposed 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., because the proposed
rule only applies to internal agency management and will not have a
significant effect on the public.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
rule does not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq.
F. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects in 41 CFR Parts 102-117 and 102-118
Accounting, Claims, Government property management, Reporting and
recordkeeping requirements, Surplus Government property,
Transportation.
Dated: April 1, 2005.
G. MARTIN WAGNER,
Associate Administrator, Office of Governmentwide Policy.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR parts 102-117 and 102-118 as set forth below:
PART 102-117--TRANSPORTATION MANAGEMENT
1. The authority citation for 41 CFR part 102-117 continues to read
as follows:
AUTHORITY: 31 U.S.C. 3726, 40 U.S.C. 121(c), and 49 U.S.C.
10721, 13712, and 15504.
2. Amend Part 102-117 by adding Subpart M to read as follows:
PART 102-117--TRANSPORTATION MANAGEMENT
* * * * *
Subpart M--Authorization and Training to Procure Transportation or
Transportation Services
Sec.
102-117.365 What authorization do I need to procure transportation
or transportation services?
102-117.370 What training or experience is necessary to qualify me
as a transportation manager?
102-117.375 How do I acquire the training or experience to qualify
as a transportation manager?
102-117.380 How do I document the training or experience to qualify
as a transportation manager?
* * * * *
Sec. 102-117.365 What authorization do I need to procure
transportation or transportation services?
(a) The head of the agency or someone delegated that authority must
grant the employee the authority, in writing, to obligate Government
funds using rate tenders to procure transportation or transportation
services for that U.S. Government agency or agency component.
(b) Transportation managers, acquiring transportation for one-time-
only shipments utilizing procurements other than the Federal
Acquisition Regulation (48 CFR Chapter 1) or a rate tender, must have
the authority to commit Government funds. The delegated authority must
be in writing.
(c) This authority must be posted where anyone may see that the
employee is an experienced and trained transportation manager with the
authority to commit Government funds.
Note to Sec. 102-117.365: For information on liability, see Sec.
102-118.350 of this subchapter.
Sec. 102-117.370 What training or experience is necessary to qualify
me as a transportation manager?
(a) A transportation manager is an authorized Federal employee who
has been delegated to oversee the physical movement of commodities,
household goods, and other freight from one location to another by a
transportation service provider (TSP).
(b) Employees may be assigned the position of a transportation
officer or technician under the Office of Personnel Management
classification system. For specific duties associated with a particular
classification for traffic managers, or traffic management specialists,
see the Office of Personnel Management web site, http://www.opm.gov. The
Traffic Management Series is GS-2130.
(c) Before you are assigned transportation management duties as an
ancillary duty, you must demonstrate, at a minimum, knowledge and
experience in planning and directing an overall traffic management
program of an organization as well as--
(1) Negotiating with TSPs;
(2) Representing the organization's position in disputes, such as
disagreements over rates and charges;
(3) Developing, evaluating and advising on traffic management
policies and programs;
(4) Understanding a particular transportation program such as
freight, personal property, or passenger;
(5) Understanding the transportation requirements and systems for
specific geographical areas;
(6) Understanding programs that require transportation, such as
contract administration, supply, storage, distribution, or inventory
management;
(7) Understanding contract methodology for the procurement of
specific transportation services;
(8) Analyzing transportation costs to develop alternatives in
procurement, storage, distribution, or mobilization; and
(9) Understanding transportation policies and procedures, as well
as knowledge of rate tenders and other regulations.
Sec. 102-117.375 How do I acquire the training or experience to
qualify as a transportation manager?
(a) The minimum experience for transportation as an ancillary duty
would be a formal 40-hour training course specializing in
transportation management.
(b) Transportation managers with full-time responsibilities as
transportation managers should have documented minimum experience
requirements for transportation as an ancillary duty with a minimum of
an 80-hour training course and 2-year on-the-job training. College or
university class or degrees are highly desirable and may be substituted
for on-the-job training.
(c) Informal training may be acquired through on-the-job training.
(d) Classroom training is available from commercial sources such as
transportation associations, institutes, and colleges and universities.
Much of the training is available through computer on-line classes, but
other courses are taught at specific locations throughout the United
States.
(e) There are also Government training forums and schools, but
these may be agency specific. The Department
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of Transportation (DOT) lists specialized training on the DOT website
for hazardous material and other specialized cargo and freight.
(f) Additional training is required if the employee moves or
otherwise is involved with hazardous material, hazardous waste, or
other specialized transportation requirements. This training must be
current and well documented.
Sec. 102-117.380 How do I document the training or experience to
qualify as a transportation manager?
(a) Training documentation includes a certificate of completion
from a class that is accredited with the International Association for
Continuing Education and Training (IACET), at a minimum, or a degree
from an accredited university or college, indicating the hours of
training, experience level attained, and course description.
(b) A supervisor must acknowledge in writing that the employee has
attained a level of experience and the number of years of experience
that is credited to the logistics or transportation management field.
PART 102-118--TRANSPORTATION PAYMENT AND AUDIT
3. 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), and 49 U.S.C.
10721, 13712, and 15504.
Sec. 102-118.350 [Redesignated as Sec. 102-118.351]
4. Redesignate Sec. 102-118.350 as Sec. 102-118.351.
5. Add new Sec. 102-118.350 to read as follows:
Sec. 102-118.350 What authority must I have to obligate funds for
transportation or transportation services?
(a) In accordance with 31 U.S.C. 3322 and 3528, certifying and
disbursing officers are accountable for expenditures of public funds.
However, any Government employee who has the responsibility to procure
transportation must also have proper authority to obligate funds. This
authority must be in writing from the head of your agency or his or her
designee.
(b) For further information and training requirements, see part
102-117, subpart M, of this subchapter.
[FR Doc. 05-8839 Filed 5-3-05; 8:45 am]
BILLING CODE 6820-14-S