Military traffic management: Military/industry personal property tender of service,

[Federal Register: June 21, 1999 (Volume 64, Number 118)]

[Notices]

[Page 33067-33068]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21jn99-40]

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).

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.

  1. 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.

    (

  2. 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. 99-15698Filed6-18-99; 8:45 am]

    BILLING CODE 3710-08-M

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