B-203348.2 L/M, SEP 17, 1981, OFFICE OF GENERAL COUNSEL
Highlights
THE DRAFT IS UNCLEAR AS TO WHETHER CERTAIN METHODS OF ACQUIRING TRANSPORTATION AND RELATED SERVICES ARE TO BE COVERED UNDER THE FAR. THIS LEADS ONE TO BELIEVE THAT THOSE TRANSPORTATION PROCUREMENT INSTRUMENTS WILL BE EXEMPT FROM FAR COVERAGE. OFPP'S INTENT IS FURTHER CLOUDED BY REFERENCE TO CODE OF FEDERAL REGULATIONS (CFR) CITATIONS CONCERNING BILLS OF LADING IN SECTIONS 47.103 AND 47.104-4. WE HAVE NO FURTHER COMMENTS.
B-203348.2 L/M, SEP 17, 1981, OFFICE OF GENERAL COUNSEL
DIGEST: (1) GAO FINDS PROPOSED FAR SUBPART 47.1 CONCERNING TRANSPORTATION CONFUSING AS SECTION 47.000(B) STATES THAT FAR DOES NOT COVER BILLS OF LADING, TRANSPORTATION REQUESTS, TRANSPORTATION WARRANTS, AND SIMILAR FORMS, WHILE SECTIONS 47.103, 47.104-2 AND 47.104-4 REFER TO SUCH ITEMS.
MR. WILLIAM J. MARAIST,
ASSISTANT ADMINISTRATOR FOR REGULATIONS:
YOU REQUESTED OUR COMMENTS ON A DRAFT SEGMENT OF THE FEDERAL ACQUISITION REGULATION (FAR) COVERING PART 47, TRANSPORTATION, SUBPARTS 47.1 - GENERAL AND 47.5 - OCEAN TRANSPORTATION BY U. S. - FLAG VESSELS.
AS PRESENTLY WRITTEN, THE DRAFT IS UNCLEAR AS TO WHETHER CERTAIN METHODS OF ACQUIRING TRANSPORTATION AND RELATED SERVICES ARE TO BE COVERED UNDER THE FAR. ON THE ONE HAND, SECTION 47.000(B) STATES THAT PART 47 OF THE FAR PRESCRIBES POLICIES AND PROCEDURES FOR ACQUIRING TRANSPORTATION AND TRANSPORTATION-RELATED SERVICES BY CONTRACT METHODS OTHER THAN BILLS OF LADING, TRANSPORTATION REQUESTS, TRANSPORTATION WARRANTS AND SIMILAR FORMS. THIS LEADS ONE TO BELIEVE THAT THOSE TRANSPORTATION PROCUREMENT INSTRUMENTS WILL BE EXEMPT FROM FAR COVERAGE. YET, WE FIND DISCUSSION OF THE APPLICATION OF AND PROCEDURES FOR GOVERNMENT AND COMMERCIAL BILLS OF LADING IN FAR SUBPART 47.1, SECTIONS 47.103, 47.104-2, AND 47.104-4. OFPP'S INTENT IS FURTHER CLOUDED BY REFERENCE TO CODE OF FEDERAL REGULATIONS (CFR) CITATIONS CONCERNING BILLS OF LADING IN SECTIONS 47.103 AND 47.104-4. OFPP'S INTENT MUST BE MORE CLEARLY STATED IN ORDER TO AVOID CONFUSION ON THIS POINT.
WE FAIL TO SEE THE VALUE OF HIGHLIGHTING COMPLIANCE WITH "CARGO PREFERENCE" IN THE LAST SENTENCE OF SECTION 47.101(B)(1) WHILE OMITTING "FLY AMERICAN" AND OTHER REQUIREMENTS. WE SUGGEST THAT THIS SENTENCE BE DELETED AND THE PRECEDING SENTENCE REVISED TO SAY "*** IN ACCORDANCE WITH ALL APPLICABLE STATUTES, AGENCY POLICES AND REGULATIONS."
LASTLY, WE BELIEVE THAT INFORMATION NOW GIVEN IN SECTION 47.105 RECOMMENDING SOURCES FOR ASSISTANCE AND GUIDANCE TO AGENCIES ON TRANSPORTATION MATTERS WOULD BE MORE EFFECTIVELY PRESENTED EARLY IN THE TEXT. WE SUGGEST THAT THE INFORMATION CONTAINED IN 47.105 BE RELOCATED TO FOLLOW DIRECTLY AFTER 47.101(A)(3).
WE HAVE NO FURTHER COMMENTS.