[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27336]
[[Page Unknown]]
[Federal Register: November 7, 1994]
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DEPARTMENT OF DEFENSE
Problems in Tender Filing--New Policy
AGENCY: Military Traffic Management Command, DOD.
ACTION: Notice.
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SUMMARY: The Military Traffic Management Command (MTMC) is proposing a
policy governing carrier's responsibility for tender filings. This
policy gives MTMC authority to reject and correct mistakes in rate
tender filings, and provides carriers with rate filing procedures for
correcting mistakes in rate.
DATES: Comments must be received not later than December 15, 1994.
ADDRESSES: Comments should be mailed to Headquarters, Military Traffic
Management Command, ATTN: MTOP-T-ND, Room 621, 5611 Columbia Pike,
Falls Church, VA 22041-5050.
FOR FURTHER INFORMATION CONTACT:
Ms. Barbara McGinnis, (703) 756-1103.
SUPPLEMENTARY INFORMATION: The proposed policy will be included as an
enclosure to all future MTMC Guaranteed and Non-Guaranteed Traffic
solicitations.
Problems in Tender Filings
1. Authority.
As indicated in the solicitation, the Assistant Deputy Chief of
Staff for Operations-Transportation Services retains the authority to
reject and correct mistakes in rate tender filings.
2. Procedures for Filing Tenders
a. General
(1) Carriers are solely responsible to ensure tender submissions
are legible and typed. Handwritten or illegibly typed submissions or
submissions having typed strikeovers will be returned as being
nonresponsive.
(2) If a rate(s), if applicable, is omitted, the tender submission
will be returned as being nonresponsive.
(3) If a minimum charge(s), if applicable, is omitted, the tender
submission will be returned as being nonresponsive. If a carrier does
not want to make a minimum charge, if applicable, that carrier must
insert a ``0''. Tender submission will be returned as being
nonresponsive for failure of carrier to insert a ``0''.
(4) Tender submission may be returned as being nonresponsive for
failure of the carrier to submit a properly signed and executed
Certificate of Independent Pricing with tender submission.
(5) Tender formats cannot be altered by carriers in any manner. If
altered, the tender submission may be returned as being nonresponsive.
b. Carrier Responsibility for Tender Filings
Carriers are solely responsible for the proper preparation,
accuracy, and timely submission of their tenders. Carriers are
responsible for establishing quality control procedures that will
include review of tenders prior to their submission to Headquarters,
Military Traffic Management Command. Tenders found to contain errors
such as typographical may be granted relief based on justification in
support of alleged errors.
c. Administrative Errors
Administrative errors which can be corrected include, but are not
limited to, mistakes in the following:
(1) Carrier street address and Standard Carrier Alpha Code.
(2) Carrier telephone number.
(3) Mode, if applicable.
(4) Tender number or series.
(5) Interstate Commerce Commission, and/or intrastate operating
authority certificate number.
(6) Typed name of company official authorized to submit rates,
address, and telephone number. Tender submission will be returned as
being nonresponsive for failure of a carrier to sign its tender.
(7) Tender and rate sheet not corresponding that can be evaluated
on an equal basis with other carriers. If a rate sheet varies the
material terms (e.g., change in rate qualifier, mileage groups, or
minimum weights) of the solicitation so that the rates cannot be
evaluated on an equal basis with other carriers, the tender submission
will be returned as being nonresponsive.
(8) Failure to submit the required number of original signature
copies of the rate tender.
3. Mistakes in Rate Filing Procedures (MIRF)
a. General. (1) Carriers discovering a mistake(s) before bid
closing time can correct such mistake(s) by submission of a new tender
prior to closing. The last tender received before closing governs.
Identification of a rate error(s) in a bid submission after opening may
be initiated by either HQMTMC or in writing by the carrier. After
opening, carriers may either withdraw or seek to correct rate error(s).
(2) Correction is allowed for clerical error(s) where the intended
rate is obvious from the bid submission itself, as in the case of
misplaced decimal.
(3) Correction is allow in other cases (except in the case of a
downward correction which would displace a low bidder) only if the
carrier proves the mistake and the rate actually intended by providing
HQMTMC (MTOP-T-N) clear and convincing written evidence. If the
evidence supports the existence of the mistake, but not the rate
actually intended, the carrier will be permitted to withdraw its tender
(or MTMC will reject it). Carriers must submit evidence to arrive
HQMTMC (MTOP-T-N) within a reasonable time after notification by MTMC
of a suspected mistake.
(4) Where a downward correction would displace a low bidder, it is
permitted only if the mistake and the intended rate can be determined
from the solicitation and the tender itself.
(b) Evidence. The following evidence must, at a minimum, be
submitted by the carrier when the carrier seeks to correct a mistake in
rate other than a clerical error(s):
(1) Original source documents pertinent to the error, including,
but not limited to, working papers, spread sheets, transcription
sheets, adding machine tapes, tariffs, cost data sheets, memorandum for
records, written procedural guidance on determining rate levels,
internal rate printouts, and other such papers which will provide a
clear audit trail for tracing the mistake.
(2) Other documents deemed by the carrier to be relevant to error
validation can also be used as evidence.
(3) To protect their interests, carriers are encouraged to retain
original source data until it is certain that no further use for it
exists.
4. Rate Errors
Rate regression mistakes may be considered for relief under the
MIRF procedure. Correction of rate regression mistakes cannot affect
other rates already in normal regression. Two examples of correctable
rate regression mistakes are shown below:
BILLING CODE 3710-08-M
TN07NO94.004
BILLING CODE 3710-08-C
The error in the above example is the underlined rate which is not
in proper rate regression for the higher minimum weight. It can be
corrected without affecting the regression for the mileage groups. If
the carrier intended a different rate, the carrier may seek correction
under the MIRF procedure, provided that the intended rate itself falls
within normal regression.
BILLING CODE 3710-08-M
TN07NO94.005
BILLING CODE 3710-08-C
The error in the above example is the underlined rate which is not
in proper rate regression for the distance. It can be correct without
affecting the regression for the minimum weight groups.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-27336 Filed 11-4-94; 8:45 am]
BILLING CODE 3710-08-C
