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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: February 28, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Management Regulation (FMR); Transportation Management

SOURCE: Federal Register, February 28, 2000, Vol. 65, No. 39, page 10440

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

ACTION: Proposed Rule

SYNOPSIS: GSA is proposing to update, streamline, and clarify 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. The FMR is replacing the FPMR, so this proposed rule would add a cross-reference in the FPMR to direct readers to the coverage in the FMR.

EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of al Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR.

GSA is in the process of updating, reorganizing, streamlining, eliminating, and clarifying the contents of the FPMR, then transferring the contents to a new set of regulations -- 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 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.

For more on the finalization of the July 21, 1999, interim rule that established the FMR as the replacement of the FPMR, see the February 25, 2000, FEDERAL CONTRACTS DISPATCH "General Services Administration; Establishment of the Federal Management Regulation (FMR) as the Successor to the Federal Property Management Regulations (FPMR)."

For more on a recent proposal to update FPMR Part 101-41, Transportation Documentation and Audit, and then moving it to a new FMR Part 102-118, Transportation Documentation and Audit, see the February 22, 2000, FEDERAL CONTRACTS DISPATCH "Federal Management Regulation (FMR); Transportation Payment and Audit."

DATES: Submit comments on or before April 28, 2000.

ADDRESSES: Submit comments to Ms. Sharon Kiser, Regulatory Secretariat (MVR), Office of Governmentwide Policy, General Services Administration, 1800 F Street, NW, Washington, DC 20405; e-mail comments to RIN.3090-AH16@gsa.gov.

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

SUPPLEMENTAL INFORMATION: This proposed rule would completely revise FPMR Part 101-40 and then redesignate it at FMR Part 102-117. All that would remain of FPMR 101-40 would be Section 101-40.000, Cross-Reference to the Federal Management Regulation (FMR) (41 CFR Chapter 102, Parts 102-1 Through 102-220), which would state: "For information on transportation management previously contained in this part, see FMR Part 117 (41 CFR 102-117)."

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".

Besides rewriting the part, GSA is proposing to make several changes to implement the Treasury, Postal and General Government Appropriations Act of 1994 (Public Law 103-123), which changed GSA to a nonmandatory source of transportation services. Because the current regulations in the FPMR focus on how agencies are to use GSA's household goods and freight shipment programs as mandatory sources, the following changes are proposed (EDITOR'S NOTE: FPMR Part 101-40 and the proposed FMR 102-117 do 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 the Federal Acquisition Regulation (FAR) Subpart 9.4, Debarment, Suspension, and Ineligibility (proposed FMR 102-117.260, What actions may I take if the TSP's performance is not satisfactory?); and the rules covering household goods (proposed FMR 102-117.145 through 102-117.165) 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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