2024-27552. Federal Management Regulation; Transportation Payment and Audit Regulations  

  • Transportation Service Provider Billing

    (a) Ordering method * * * * *
    (1)(i) Government contractor issued charge card; and * * * * *
    *    *    *    *    *    
    (3)(i) Government contractor issued charge card (individually billed travel card); * * * * *
    (ii) Personal charge/credit card; and * * * * *
    *    *    *    *    *    

6. Amend § 102-118.50 by:

a. Revising paragraph (a); and ( print page 93196)

b. In paragraph (c), removing “( 31 CFR part 208)”.

The revision reads as follows:

How does my agency pay for transportation services?
* * * * *

(a) Electronic funds transfer (EFT). Your agency is required by statute (31 U.S.C. 3332, et seq.) to make all payments by EFT unless your agency receives a waiver from the Department of the Treasury.

* * * * *

7. Revise § 102-118.75 to read as follows:

What if my agency or the TSP does not have an account with a financial institution or approved payment agent?

Under 31 U.S.C. 3332, et seq., your agency must obtain an account with a financial institution or approved payment agent in order to meet the statutory requirements to make all Federal payments via EFT unless your agency receives a waiver from the Department of the Treasury. To obtain a waiver, your agency must contact the Secretary of the Treasury. For information visit: https://www.fiscal.treasury.gov/​

8. Amend § 102-118.80 by revising the third sentence to read as follows:

Who is responsible for keeping my agency's electronic commerce transportation billing records?

* * * Therefore, your agency must utilize the Transportation Audits Management System (TAMS) ( https://tams.gsa.gov) to submit all relevant electronic transportation billing documents or submit via email to: qmcatariffs@gsa.gov.

9. Revise § 102-118.115 to read as follows:

Must my agency use a GBL?

No. Your agency is required to use commercial payment practices to the maximum extent possible. Your agency may use a GBL as needed for domestic shipments and should use a GBL for international shipments. When used for shipments, a GBL is a receipt of goods, evidence of title, and a contract of carriage for Government shipments and was developed to protect the interest of the U.S. Government.

[Amended]

10. Amend § 102-118.130 by removing the last sentence.

11. Amend § 102-118.150 by revising paragraph (a) to read as follows:

What are the major mandatory terms and conditions governing the use of passenger transportation documents?
* * * * *

(a) Government travel must be via the lowest cost available that meets travel requirements ( e.g., Government contract, fare, through, excursion, or reduced one way or round trip fare);

* * * * *

12. Revise § 102-118.235 to read as follows:

Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers?

Yes, your agency is responsible for the physical control, use, and accountability of GBLs and GTRs and must have procedures in place to track, manage, and account for these documents when necessary.

13. Revise § 102-118.255 to read as follows:

Are GBL and GTR forms numbered and used sequentially?

Yes, GBLs and GTRs must be sequentially numbered by agencies when used.

14. Amend § 102-118.260 by revising paragraph (a) to read as follows:

Must my agency send all quotations, tenders, or contracts with a TSP to GSA?

(a) Yes, your agency must send a copy of each quotation, tender, or contract of special rates, fares, charges, or concessions with TSPs including those authorized by 49 U.S.C. 10721, 13712, and 15504 upon execution to qmcatariffs@gsa.gov.

* * * * *

15. Amend § 102-118.285 by:

a. Revising paragraph (e);

b. Removing paragraph (f); and

c. Redesignating paragraphs (g) through (m) as paragraphs (f) through (l), respectively.

The revision reads as follows:

What must be included in an agency's transportation prepayment audit program?
* * * * *

(e) Agencies must use GSA Transportation Audits Division's electronic commerce system, TAMS, to fulfill all monthly reporting requirements. Filing all documents through TAMS ensures that GSA Transportation Audits Division will properly maintain and store transportation records, including paid transportation bills, in accordance with the General Records Schedule 1.1 et seq. (36 CFR part 1220). GSA will also arrange for storage of any document requiring special handling, such as bankruptcy and court cases. These bills will be retained pursuant to 44 U.S.C. 3309 until claims have been settled.

* * * * *
[Amended]

16. Amend § 102-118.300 by, in paragraph(a), removing “by email at Audit.Policy@gsa.gov, or by mail to: U.S. General Services Administration, 1800 F St. NW, 3rd Floor, Mail Hub 3400, Washington, DC 20405” and adding “via TAMS ( https://tams.gsa.gov), or by email to Audit.Policy@gsa.gov in its place.

17. Amend § 102-118.425 by revising the section heading and paragraph (a) to read as follows:

Is my agency required to forward all transportation documents (TDs) to GSA Transportation Audits Division, and what information must be on these documents?

(a) Yes, your agency must provide all TDs, via TAMS, to GSA Transportation Audits Division (see § 102-118.35 for the definition of TD).

* * * * *

18. Amend § 102-118.430 by:

a. Revising paragraph (f); and

b. In paragraph (g), removing the second and third sentences.

The revision reads as follows:

What is the process the GSA Transportation Audits Division employs to conduct a postpayment audit?
* * * * *

(f) Issues a Notice of Overcharge stating that a TSP owes a debt to the agency; and

* * * * *
[Amended]

19. Amend § 102-118.435 by, in paragraph (a)(7), removing “freight or passenger” and adding “all” in its place.

[Amended]

20. Amend § 102-118.440 by, in the second sentence, removing “type” and adding “types” in its place.

21. Revise § 102-118.455 to read as follows:

What is the time limit for a TSP to file a transportation claim with the GSA Transportation Audits Division against my agency?

The time limits on a TSP transportation claim against the Government differ by mode as shown in the following table: ( print page 93197)

Time Limits on Actions Taken by TSP

Mode Freight charges Statute
(a) Air domestic 6 years 28 U.S.C. 2401, 2501.
(b) Air international 6 years 28 U.S.C. 2401, 2501.
(c) Freight forwarders (subject to 49 U.S.C. chapter 135) 3 years 49 U.S.C. 14705(f).
(d) Motor 3 years 49 U.S.C. 14705(f).
(e) Rail 3 years 49 U.S.C. 11705(f).
(f) Water (subject to 49 U.S.C. chapter 135) 3 years 49 U.S.C. 14705(f).
(g) Water (not subject to 49 U.S.C. chapter 135) 2 years 46 U.S.C. 30905.
(h) TSPs not specified in paragraphs (a) through (g) of this section 6 years 28 U.S.C. 2401, 2501.

22. Revise § 102-118.460 to read as follows:

What is the time limit for my agency to file a court claim with a TSP for freight charges, refund of overpayment, and loss or damage to the property?

Statutory time limits vary depending on the mode and the service involved and may involve freight charges. The following tables list the time limits:

(a) Time limits on actions taken by the Federal Government against TSPs.

Mode Freight charges Refund for overpayment Loss and damage
(1) Rail 3 years. 49 U.S.C. 11705 3 years. 49 U.S.C. 11705 6 years. 28 U.S.C. 2415.
(2) Motor 3 years. 49 U.S.C. 14705(f) 3 years. 49 U.S.C. 14705(f) 6 years. 28 U.S.C. 2415.
(3) Freight forwarders (subject to 49 U.S.C. chapter 135) 3 years. 49 U.S.C. 14705(f) 3 years. 49 U.S.C. 14705(f) 6 years. 28 U.S.C. 2415.
(4) Water (subject to 49 U.S.C. chapter 135) 3 years. 49 U.S.C. 14705(f) 3 years. 49 U.S.C. 14705(f) 6 years. 28 U.S.C. 2415.
(5) Water (not subject to 49 U.S.C. chapter 135) 6 years. 28 U.S.C. 2415 3 years. 46 U.S.C. 41301 1 year; Carriage of Goods By Sea Act, 46 USC 30701 Notes.
(6) Domestic air 6 years. 28 U.S.C. 2415 6 years. 28 U.S.C. 2415 6 years. 28 U.S.C. 2415.
(7) International air 6 years. 28 U.S.C. 2415 6 years. 28 U.S.C. 2415 2 years. 49 U.S.C. 40105.

(b) Time limits on actions taken by the Federal Government against TSPs not specified in paragraph (a) of this section.

Mode Freight Refund for overpayment Loss and damage
(1) All 6 years. 28 U.S.C. 2415 6 years. 28 U.S.C. 2415 6 years. 28 U.S.C. 2415.
(2) [Reserved]

Document Information

Effective Date:
12/26/2024
Published:
11/26/2024
Department:
General Services Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
2024-27552
Dates:
Effective date: December 26, 2024.
Pages:
93192-93198 (7 pages)
Docket Numbers:
FMR Case 2023-02, Docket No. GSA-FMR-2023-0014, Sequence No. 2
RINs:
3090-AK73: Federal Management Regulation (FMR); FMR Case 2023-02, Transportation Payment and Audit
RIN Links:
https://www.federalregister.gov/regulations/3090-AK73/federal-management-regulation-fmr-fmr-case-2023-02-transportation-payment-and-audit-
Topics:
Accounting, Claims, Government property management, Reporting and recordkeeping requirements, Transportation
PDF File:
2024-27552.pdf
CFR: (1)
41 CFR 102