[Code of Federal Regulations] [Title 41, Volume 3] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR102-118.5] [Page 316-319] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT CHAPTER 102--FEDERAL MANAGEMENT REGULATION PART 102-118_TRANSPORTATION PAYMENT AND AUDIT--Table of Contents Subpart A_General Sec. 102-118.5 What is the purpose of this part? Subpart A_General Introduction Sec. 102-118.5 What is the purpose of this part? 102-118.10 What is a transportation audit? 102-118.15 What is a transportation payment? 102-118.20 Who is subject to this part? 102-118.25 Does GSA still require my agency to submit its overall transportation policies for approval? 102-118.30 Are Government corporations bound by this part? Definitions 102-118.35 What definitions apply to this part? Subpart B_Ordering and Paying for Transportation and Transportation Services 102-118.40 How does my agency order transportation and transportation services? 102-118.45 How does a transportation service provider (TSP) bill my agency for transportation and transportation services? 102-118.50 How does my agency pay for transportation services? 102-118.55 What administrative procedures must my agency establish for payment of freight, household goods, or other transportation services? 102-118.60 To what extent must my agency use electronic commerce? 102-118.65 Can my agency receive electronic billing for payment of transportation services? 102-118.70 Must my agency make all payments via electronic funds transfer? 102-118.75 What if my agency or the TSP does not have an account with a financial institution or approved payment agent? 102-118.80 Who is responsible for keeping my agency's electronic commerce transportation billing records? 102-118.85 Can my agency use a Government contractor issued charge card to pay for transportation services? 102-118.90 If my agency orders transportation and/or transportation services with a Government contractor issued charge card or charge account citation, is this subject to prepayment audit? 102-118.95 What forms can my agency use to pay transportation bills? 102-118.100 What must my agency ensure is on each SF 1113? 102-118.105 Where can I find the rules governing the use of a Government Bill of Lading? 102-118.110 Where can I find the rules governing the use of a Government Transportation Request? 102-118.115 Must my agency use a GBL? 102-118.120 Must my agency use a GTR? 102-118.125 What if my agency uses a TD other than a GBL? 102-118.130 Must my agency use a GBL for express, courier, or small package shipments? 102-118.135 Where are the mandatory terms and conditions governing the use of bills of lading? 102-118.140 What are the major mandatory terms and conditions governing the use of GBLs and bills of lading? 102-118.145 Where are the mandatory terms and conditions governing the use of passenger transportation documents? 102-118.150 What are the major mandatory terms and conditions governing the use of passenger transportation documents? 102-118.155 How does my agency handle supplemental billings from the TSP after payment of the original bill? 102-118.160 Who is liable if my agency makes an overpayment on a transportation bill? 102-118.165 What must my agency do if it finds an error on a TSP bill? 102-118.170 Will GSA continue to maintain a centralized numbering system for Government transportation documents? Subpart C_Use of Government Billing Documents Terms and Conditions Governing Acceptance and Use of a Government Bill of Lading (GBL) or Government Transportation Request (GTR) (Until Form Retirement) 102-118.175 Must my agency prepare for the GBL retirement? 102-118.180 Must my agency prepare for the GTR retirement? 102-118.185 When buying freight transportation, must my agency reference the applicable contract or tender on the bill of lading (including GBLs)? 102-118.190 When buying passenger transportation, must my agency reference the applicable contract? 102-118.195 What documents must a transportation service provider (TSP) send to [[Page 317]] receive payment for a transportation billing? 102-118.200 Can a TSP demand advance payment for the transportation charges submitted on a bill of lading (including GBL)? 102-118.205 May my agency pay an agent functioning as a warehouseman for the TSP providing service under the bill of lading? 102-118.210 May my agency use bills of lading other than the GBL for a transportation shipment? 102-118.215 May my agency pay a TSP any extra fees to pay for the preparation and use of the GBL or GTR? 102-118.220 If a transportation debt is owed to my agency by a TSP because of loss or damage to property, does my agency report it to GSA? 102-118.225 What constitutes final receipt of shipment? 102-118.230 What if my agency creates or eliminates a field office approved to prepare transportation documents? Agency Responsibilities When Using Government Bills of Lading (GBLs) or Government Transportation Requests (GTRs) 102-118.235 Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers? 102-118.240 How does my agency get GBL and GTR forms? 102-118.245 How does my agency get an assigned set of GBL or GTR numbers? 102-118.250 Who is accountable for the issuance and use of GBL and GTR forms? 102-118.255 Are GBL and GTR forms numbered and used sequentially? Quotations, Tenders or Contracts 102-118.260 Must my agency send all quotations, tenders, or contracts with a TSP to GSA? Subpart D_Prepayment Audits of Transportation Services Agency Requirements for Prepayment Audits 102-118.265 What is a prepayment audit? 102-118.270 Must my agency establish a prepayment audit program? 102-118.275 What must my agency consider when designing and implementing a prepayment audit program? 102-118.280 What advantages does the prepayment audit offer my agency? 102-118.285 What options for performing a prepayment audit does my agency have? 102-118.290 Must every electronic and paper transportation bill undergo a prepayment audit? 102-118.295 What are the limited exceptions to every bill undergoing a prepayment audit? 102-118.300 How does my agency fund its prepayment audit program? 102-118.305 Must my agency notify the TSP of any adjustment to the TSP's bill? 102-118.310 Must my agency prepayment audit program establish appeal procedures whereby a TSP may appeal any reduction in the amount billed? 102-118.315 What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute? 102-118.320 What information must be on transportation bills which have completed my agency's prepayment audit? Maintaining an Approved Program 102-118.325 Must I get approval for my agency's prepayment audit program? 102-118.330 What are the elements of an acceptable prepayment audit program? 102-118.335 What does the GSA Audit Division consider when verifying an agency prepayment audit program? 102-118.340 How does my agency contact the GSA Audit Division? 102-118.345 If my agency chooses to change an approved prepayment audit program, does the program need to be re-approved? Liability for Certifying and Disbursing Officers 102-118.350 Does establishing a prepayment audit system or program change the responsibilities of the certifying officers? 102-118.355 Does a prepayment audit waiver, change any liabilities of the certifying officer? 102-118.360 What relief from liability is available for the certifying official under a postpayment audit? 102-118.365 Do the requirements of a prepayment audit change the disbursing official's liability for overpayment? 102-118.370 Where does relief from prepayment audit liability for certifying, accountable, and disbursing officers reside in my agency? Waivers From Mandatory Prepayment Audit 102-118.375 Who has the authority to grant a waiver of the prepayment audit requirement? 102-118.380 How does my agency apply for a waiver from the prepayment audit requirement? 102-118.385 What must a waiver request include? 102-118.390 On what basis does GSA grant a waiver to the prepayment audit requirement? 102-118.395 How long will GSA take to respond to a waiver request? [[Page 318]] 102-118.400 Must my agency renew a waiver of the prepayment audit requirements? 102-118.405 Are my agency's prepayment audited transportation bills subject to periodic postpayment audit oversight from the GSA Audit Division? Suspension of Agency Prepayment Audit Programs 102-118.410 Can GSA suspend my agency's prepayment audit program? Subpart E_Postpayment Transportation Audits 102-118.415 Will the widespread mandatory use of prepayment audits eliminate postpayment audits? 102-118.420 Can the Administrator of General Services waive the postpayment auditing provisions of this subpart? 102-118.425 Is my agency allowed to perform a postpayment audit on our transportation bills? 102-118.430 What information must be on my agency's transportation bills submitted for a postpayment audit? 102-118.435 What procedures does GSA use to perform a postpayment audit? 102-118.440 What are the postpayment audit responsibilities and roles of the GSA Audit Division? 102-118.445 Must my agency pay for a postpayment audit when using the GSA Audit Division? Subpart F_Claims and Appeal Procedures General Agency Information for All Claims 102-118.450 Can a TSP file a transportation claim against my agency? 102-118.445 What is the time limit for a TSP to file a transportation claim against my agency? 102-118.460 What is the time limit for my agency to file a court claim with a TSP for freight charges, reparations, and loss or damage to the property? 102-118.465 Must my agency pay interest on a disputed amount claimed by a TSP? 102-118.470 Are there statutory time limits for a TSP on filing an administrative claim with the GSA Audit Division? 102-118.475 Does interest apply after certification of payment of claims? 102-118.480 How does my agency settle disputes with a TSP? 102-118.485 Is there a time limit for my agency to issue a decision on disputed claims? 102-118.490 What if my agency fails to settle a dispute within 30 days? 102-118.495 May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)? 102-118.500 How does my agency handle a voluntary refund submitted by a TSP? 102-118.505 Must my agency send a voluntary refund to the Treasurer of the United States? 102-118.510 Can my agency revise or alter a GSA Form 7931, Certificate of Settlement? 102-118.515 Does my agency have any recourse not to pay a Certificate of Settlement? 102-118.520 Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency? 102-118.525 What are my agency's responsibilities for verifying the correct amount of transportation charges? 102-118.530 Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings? 102-118.535 Are there principles governing my agency's TSP debt collection procedures? 102-118.540 Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency? Transportation Service Provider (TSP) Filing Requirements 102-118.545 What information must a TSP claim include? 102-118.550 How does a TSP file an administrative claim using EDI or other electronic means? 102-118.555 Can a TSP file a supplemental administrative claim? 102-118.560 What is the required format that a TSP must use to file an administrative claim? 102-118.565 What documentation is required when filing an administrative claim? Transportation Service Provider (TSP) and Agency Appeal Procedures for Prepayment Audits 102-118.570 If my agency denies the TSP's challenge to the Statement of Difference, may the TSP appeal? 102-118.575 If a TSP disagrees with the decision of my agency, can the TSP appeal? 102-118.580 May a TSP appeal a prepayment audit decision of the GSA Audit Division? 102-118.585 May a TSP appeal a prepayment audit decision of the GSBCA? 102-118.590 May my agency appeal a prepayment audit decision of the GSA Audit Division? 102-118.595 May my agency appeal a prepayment audit decision by the GSBCA? [[Page 319]] Transportation Service Provider (TSP) and Agency Appeal Procedures for Postpayment Audits 102-118.600 When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures? 102-118.605 What if a TSP disagrees with the Notice of Indebtedness? 102-118.610 Is a TSP notified when GSA allows a claim? 102-118.615 Will GSA notify a TSP if they internally offset a payment? 102-118.620 How will a TSP know if the GSA Audit Division disallows a claim? 102-118.625 Can a TSP request a reconsideration of a settlement action by the GSA Audit Division? 102-118.630 How must a TSP refund amounts due to GSA? 102-118.635 Can the Government charge interest on an amount due from a TSP? 102-118.640 If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt? 102-118.645 Can a TSP file an administrative claim on collection actions? 102-118.650 Can a TSP request a review of a settlement action by the Administrator of General Services? 102-118.655 Are there time limits on a TSP request for an administrative review by the GSBCA? 102-118.660 May a TSP appeal a postpayment audit decision of the GSBCA? 102-118.665 May my agency appeal a postpayment audit decision by the GSBCA? Transportation Service Provider (TSP) Non-Payment of a Claim 102-118.670 If a TSP cannot immediately pay a debt, can they make other arrangements for payment? 102-118.675 What recourse does my agency have if a TSP does not pay a transportation debt? Authority: 31 U.S.C. 3726; and 40 U.S.C. 481, et seq. Source: 65 FR 24569, Apr. 26, 2000, unless otherwise noted. Introduction The purpose of this part is to interpret statutes and other policies that assure that payment and payment mechanisms for agency transportation services are uniform and appropriate. This part communicates the policies clearly to agencies and transportation service providers (TSPs). (See Sec. 102-118.35 for the definition of TSP.)