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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: October 6, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Management Regulation (FMR); Transportation Management

SOURCE: Federal Register, October 6, 2000, Vol. 65, No. 195, page 60059

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

ACTION: Final Rule

SYNOPSIS: GSA is updating, streamlining, and clarifying Federal Property Management Regulations (FPMR) Part 101-40, Transportation and Traffic Management, and then moving it to the new Federal Management Regulation (FMR) as Part 102-117, Transportation Management.

EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR. Both the FPMR and the FMR are available at http://policyworks.gov/org/main/mv/fmr/index.htm.

For more on the proposed rule, see the February 28, 2000, FEDERAL CONTRACTS DISPATCH "Federal Management Regulation (FMR); Transportation Management."

GSA is in the process of updating, reorganizing, streamlining, simplifying, and clarifying the contents of the FPMR, then transferring the contents to the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the CFR. When the transfer is complete, the FMR will contain a refined set of policies and regulatory requirements on managing property and administrative services. Non-regulatory materials (such as guidance, procedures, information and standards) will be available in separate documents, such as customer service guides, handbooks, brochures, Internet websites, and FMR bulletins.

The FMR is written in the "plain language" regulatory style. This style is directed at the reader and uses a question and answer format, active voice, shorter sentences, and pronouns such as "we", "you", and "I".

The conversion from the FPMR to the FMR will take some time, so it will occur incrementally as the regulations are rewritten. Because of this, both the FPMR and the FMR will exist concurrently, and readers will need to refer to both documents to obtain all the related material -- the same content will not appear in both regulations.

EFFECTIVE DATE: October 6, 2000.

FOR FURTHER INFORMATION CONTACT: Elizabeth Allison, Program Analyst, Transportation Management Policy, Office of Governmentwide Policy, General Services Administration, 202-219-1729, or e-mail: elizabeth.allison@gsa.gov.

SUPPLEMENTAL INFORMATION: On February 28, 2000, GSA published a proposal to completely revise FPMR 101-40 and then redesignate it at FMR Part 102-117. The primary proposed change was the implementation of the Treasury, Postal and General Government Appropriations Act of 1994 (Public Law 103-123), which changed GSA to a nonmandatory source of transportation services. The proposed FMR regulations shifted the regulatory focus from how agencies are to use GSA's household goods and freight shipment programs as mandatory sources to providing broad policy for agencies to develop transportation programs that best suit their needs (FMR 102-117.30, What choices do I have when acquiring transportation and related services?, and FMR 102-117.220, What choices do I have to ship HHG [household goods]?).

Six agencies and one individual submitted comments, and a number of changes have been made to the finalized rule.

All that remains of FPMR 101-40 is Section 101-40.000, Cross-Reference to the Federal Management Regulation (FMR) (41 CFR Chapter 102, Parts 102-1 Through 102-220), which states: "For information on transportation management previously contained in this part, see FMR Part 117 (41 CFR 102-117)."

The following are the other major changes between FPMR 101-40 and FMR 102-117 made by this final rule:

EDITOR'S NOTE: FMR Part 102-117 does not apply to the Department of Defense (DOD) because of an agreement under the Federal Property and Administrative Services Act of 1949, except for the rules on debarring or suspending a transportation service provider (TSP) under Federal Acquisition Regulation (FAR) Subpart 9.4, Debarment, Suspension, and Ineligibility, in FMR 102-117.255, What actions may I take if the TSP's performance is not satisfactory?, which do apply to DOD. Also, the rules covering household goods in FMR 102-117.135 through 102-117.155 do not apply to other uniform service members, such as those serving in the U.S. Coast Guard, the National Oceanic and Atmospheric Administration, and the Public Health Service.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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