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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 4, 2005

SUBJECT: Federal Management Regulation (FMR); Authorization of Transportation Managers

SOURCE: Federal Register, May 4, 2005, Vol. 70, No. 85, page 23078

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Proposed Rule

ACTION: GSA is proposing to amend FMR Part 102-117, Transportation Management, to add Subpart M, Authorization and Training to Procure Transportation or Transportation Services, which would require that transportation managers who obligate the government for rate tender procurements be properly trained and authorized in writing.

EDITOR'S NOTE: The FMR is Chapter 102 of Title 41 of the Code of Federal Regulations. The FMR and corresponding documents are available at http://www.gsa.gov/fmr.

DATES: Comments on the proposed rule must be submitted before July 5, 2005.

ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on http://www.gsa.gov/fmr; by e-mail to: fmrcase.2005-102-1@gsa.gov; by fax to 202-501-4067; or by mail to General Services Administration, Regulatory Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Cite “FMR Case 2005-102-1" when making comments on this proposed rule.

FOR FURTHER INFORMATION CONTACT: Elizabeth Allison, Office of Governmentwide Policy, Transportation Management Policy Division, 202-219-1729, or by e-mail: elizabeth.allison@gsa.gov.

SUPPLEMENTAL INFORMATION: This proposed rule would clarify the accountability, liability, and relief of all persons responsible for procuring or paying for transportation or transportation services with government funds by adding FMR Part 102-117, Subpart M, which would mandate that any person who obligates government funds have proper written authority from the agency head or designee, and that such persons be held accountable for their transactions.

Subpart M would consist of the following:

• FMR 102-117.365, What authorization do I need to procure transportation or transportation services? This would require that the agency head or designee delegate, in writing, the authority to obligate government funds using rate tenders to procure transportation or transportation services. Transportation managers, acquiring transportation for one-time-only shipments utilizing procurements other than the Federal Acquisition Regulation (FAR) or a rate tender, must have written authority to commit government funds. (EDITOR’S NOTE: The introduction to the proposed rule states, “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.”)
  
  
• FMR 102-117.370, What training or experience is necessary to qualify me as a transportation manager? This would define a “transportation manager” as “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). 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.”
  
  This section would go on to require that persons demonstrate, before they are assigned transportation management duties as an ancillary duty, knowledge and experience in planning and directing an overall traffic management program 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.”
  
  
• FMR 102-117.375, How do I acquire the training or experience to qualify as a transportation manager? This would specify that the minimum experience for transportation as an ancillary duty would be a formal 40-hour training course specializing in transportation management. In addition, it would state that “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.” It would permit informal training through on-the-job training, and would require additional training “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.”
  
  
• FMR 102-117.380, How do I document the training or experience to qualify as a transportation manager? This would require that “training documentation include 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.” Also, it would require a supervisor to 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.”

In addition, FMR Part 102-118, Transportation Payment and Audit, would be amended by adding FMR 102-118.350, What authority must I have to obligate funds for transportation or transportation services? This would state “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.” It would contain a cross-reference to FMR Part 102-117, Subpart M, for further information and training requirements.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

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