[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
[Notices]
[Pages 33067-33068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15698]
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DEPARTMENT OF DEFENSE
Department of the Army
Military/Industry Personal Property Tender of Service (TOS)
AGENCY: Military Traffic Management Command, DoD.
ACTION: Notice (Request public comments on new military/industry
contractual agreement).
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SUMMARY: The U.S. Transportation Command proposes to issue a new
personal property Tender of Service to be signed by the Military
Traffic Management Command (MTMC) on behalf of the U.S. Department of
Defense (DOD) and personal property carriers wishing to do business in
the DOD Personal Property Shipment and Storage Program.
DATES: U.S. Transportation Command will receive comments not later than
August 20, 1999. The new TOS will be effective when signed by MTMC and
the carrier.
FOR FURTHER INFORMATION CONTACT: Larry Campbell, U.S. Transportation
Command, TCJ4-LTP, (618) 256-1985. The public may obtain copies of the
proposed Tender of Service for a fee from the U.S. Department of
Commerce, National Technical Information Services, 5285 Port Royal,
Springfield, Virginia 22161.
SUPPLEMENTARY INFORMATION:
Background
The new TOS is issued under the authority of Deputy Under Secretary
of Defense (Logistics) Memorandum ``Defense Transportation Regulation
(DTR), Part I-IV,'' August 5, 1995. It implements DOD policies
governing the use of DOD-owned and controlled aircraft, sealife/
airlift, and establishes criteria for passenger, personal property,
cargo, and mobility movement.
Significant changes from the previous TOS include (1) moving
quality assurance requirements from the TOS to the Domestic and
International Rate Solicitations issued semi-annually by MTMC; and (2)
establishment of a mandatory requirement for personal property carriers
to pay inconvenience claims. The former requirements became effective
in 1997. The latter requirement is found in paragraph 15.b. of the new
TOS:
15. Loss or Damage/Inconvenience Claims.
b. Inconvenience Claims.
(1) I hereby reaffirm that it is my responsibility to pickup and
deliver personal property shipments on the agreed date. My failure to
do so can cause serious inconvenience to the Department of Defense
(DOD) civilian employees and military members and the member's family,
and can result in the expenditures of funds by the member of lodging,
food rental/purchase of household necessities, and directly related
miscellaneous expenses.
(2) I agree to acknowledge receipt of an inconvenience claim filed
by a member or an installation TO within 15 calendar days from the date
of receipt. I further agree to reimburse the civilian employee and
military member for out-of-pocket expenses which result from my failure
to offer the shipment for delivery on or before the required delivery
date as stated on the Government Bill of Lading (GBL) or correction
notice thereof, except for delays caused by acts of God, acts of the
public enemy, acts of the Government, acts of the public authority,
violent strikes, or mob interference. The member shall document the
claim fully with an itemized list of charges and accompanying receipts
for charges incurred. Charges shall be computed from the day after the
delivery date specified on the PPGBL as the RDD or GBL correction
notice thereof or the date following the day the member obtains
quarters, whichever date is the latest, and will be payable through the
day of actual delivery of the shipment.
(3) Expenses: Out-of-pocket expenses are all expenses incurred by a
military member or DOD civilian and their
[[Page 33068]]
family members because they are not able to use the items in the
shipment or to establish his or her household. Expenses include but are
not limited to, lodging, meals, laundry service, furniture and/or
appliance rental, to include rental of a television or similar expenses
such as towels (2 per person) pots, pans, paper plates, plastic knives,
plastic spoons, plastic forks, paper and/or plastic cups, and napkins.
A request for reimbursement of alcoholic beverages in any quantity is
prohibited.
(a) I agree to pay the member within 30 calendar days of the
submission date and will report to the destination TO, with a copy to
HQ MTMC, ATTN: MTTP, of the final action taken, to include the date and
total amount of settlement. In the event of a disputed claim, I may,
within the 45-day period for receipt of the claim, appeal the case to
the destination TO. Every effort will be made to resolve the dispute.
However, should I disagree with the decision of the TO, I may appeal
the case to HQ MTMC. I understand the decision of HQ MTMC is final and
the claim must be settled within a total of 75 days of the submission
date. Failure to acknowledge and/or settle a valid inconvenience claim
may be cause for my company to be disqualified from participation with
the DOD. Additionally, I understand that should I fail to settle a
valid inconvenience claim set-off action will be taken against my
company, by the appropriate claims office/finance office. I am not
responsible for payment of an inconvenience claim when a shipment is
ordered in storage-in-transit (SIT) at destination, regardless of the
required delivery date (RDD), unless the need for SIT is a direct
result of my failure to effect delivery of the shipment by the required
delivery date and the member was officially ordered away from the area
at the time delivery was available. I agree to reimburse the member
through the day prior to the member's departure from the area.
William G. Balkus,
COL, GS, DCS Passenger and Personal Property.
[FR Doc. 99-15698 Filed 6-18-99; 8:45 am]
BILLING CODE 3710-08-M
