A-24222, MAY 25, 1964

A-24222, MAY 25, 1964

TO THE SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO LETTER OF MARCH 30, 1964, FROM MR. JOSEPH M. ROBERTSON, ADMINISTRATIVE ASSISTANT SECRETARY OF YOUR DEPARTMENT, CONCERNING OUR DECISION OF DECEMBER 11, 1962, A-24222. THE NEXT TO THE LAST PARAGRAPH OF THAT DECISION, WHICH DENIED A REQUEST FOR EXEMPTION FROM 5 GAO 3050, READS AS FOLLOWS:

"IN THE PRESENT INSTANCE, ALTHOUGH YOUR REQUEST REFERS IN GENERAL TERMS TO "SMALL SHIPMENTS," IT DOES NOT SUGGEST ANY LIMITATION ON WEIGHT OR CHARGES, BUT SEEKS APPROVAL TO APPLY THE EXEMPTION TO ALL OF THE SHIPPING ACTIVITIES OF THE DEPARTMENT, WITHOUT RESTRICTION. THEREFORE, YOUR FIRST PROPOSAL IS SIMILAR TO THE FIRST SUGGESTION OF THE GENERAL SERVICES ADMINISTRATION WHICH WAS DISCUSSED BUT NOT FAVORABLY CONSIDERED IN OUR DECISION OF JANUARY 6, 1959, B-135157, 38 COMP. GEN. 462. ALSO, THE SECOND PROPOSAL APPEARS TO BE SIMILAR TO THE SECOND SUGGESTION REFERRED TO IN THAT DECISION WHICH WAS NOT ADOPTED FOR THE REASONS SET OUT ON PAGES 466 AND 467 OF THAT DECISION. ACCORDINGLY, THE REQUEST FOR A GENERAL EXCEPTION FROM 5 GAO 3050, AS PROPOSED, ON THE PRESENT RECORD MUST BE DENIED. HOWEVER, A PROPOSAL WITH RESPECT TO ONE OR MORE OF THE ABOVE- MENTIONED PROGRAMS, PROPERLY LIMITED AND JUSTIFIED, WILL BE GIVEN FURTHER CONSIDERATION AT YOUR REQUEST.'

MR. ROBERTSON'S LETTER OF MARCH 30, 1964, NOW ASKS FOR RECONSIDERATION OF THE SPECIFIC PROPOSALS DESCRIBED THEREIN IN ORDER TO ELIMINATE EXCESSIVE PAPERWORK AND INCREASE OPERATING EFFICIENCY RELATING TO THE NUMEROUS SMALL SHIPMENTS INVOLVED. THE ADMINISTRATIVE ASSISTANT SECRETARY DESCRIBES THREE SEPARATE SITUATIONS WHERE APPROVAL IS REQUESTED TO EXEMPT THE DEPARTMENT OF AGRICULTURE FROM COMPLYING WITH THE PROVISIONS OF 5 GAO 3050 WHEN THE INDIVIDUAL CHARGES DO NOT EXCEED $50. THE LETTER DESCRIBES THE THREE PROGRAMS AS FOLLOWS:

1. "THE FIRST OF THESE PROGRAMS INVOLVES FREE SAMPLES OF PLANTS, SHRUBS, AND SEEDS SHIPPED TO WASHINGTON, D.C., FOR TESTING AND RESEARCH BY THE AGRICULTURAL RESEARCH SERVICE AT THE DEPARTMENT'S AGRICULTURAL RESEARCH CENTER, BELTSVILLE, MARYLAND. THESE MATERIALS ARE SHIPPED BY COOPERATING STATE COLLEGES AND PRIVATE SOURCES IN THE UNITED STATES AND ABROAD WHICH DO NOT HAVE THE FACILITIES FOR PREPARING GOVERNMENT BILLS OF LADING. THERE ARE APPROXIMATELY 700 TO 1,000 SUCH EXPRESS SHIPMENTS ANNUALLY WHICH WEIGH UNDER 300 POUNDS AND INVOLVE CHARGES OF LESS THAN $50 FOR EACH SHIPMENT.'

2. "THE SECOND OF THESE PROGRAMS INVOLVES RAISIN SAMPLES SHIPPED TO THE DEPARTMENT'S AREA INSPECTION OFFICE AT FRESNO, CALIFORNIA, UNDER AGRICULTURAL MARKETING SERVICE INSPECTION PROGRAMS. UNDER THIS PROGRAM, RAISIN SAMPLES DRAWN FROM VARIOUS PRODUCER AND HANDLER LOCATIONS IN CALIFORNIA ARE SHIPPED TO THE CENTRAL POINT FOR SUGAR ANALYSIS TESTS. FACILITIES OF THE GREYHOUND BUS LINE HAVE BEEN USED FOR THIS SERVICE SINCE IT IS THE MOST ECONOMICAL AND PRACTICAL METHOD OF MINIMIZING THE DELAY. THERE ARE APPROXIMATELY 100 SUCH SHIPMENTS ANNUALLY FOR WHICH CHARGES VARY FROM APPROXIMATELY $0.80 TO $1.35 FOR EACH SHIPMENT. THESE INSPECTORS DO NOT HAVE THE FACILITIES FOR PREPARING GOVERNMENT BILLS OF LADING.'

3. "IN ADDITION TO PROGRAMS DESCRIBED ABOVE, CHEMICALS, LABORATORY SUPPLIES, EMERGENCY FIREFIGHTING, AND OTHER MISCELLANEOUS SUPPLIES ARE OCCASIONALLY SHIPPED BY BUS AND EXPRESS TO FIELD LOCATIONS OF THE AGRICULTURAL RESEARCH SERVICE AND THE FOREST SERVICE BY USE OF COMMERCIAL SHIPPING DOCUMENTS. SUCH SHIPMENTS ARE USUALLY OCCASIONED BY THE EXIGENCIES OF THE DEPARTMENT'S PROGRAMS WHEN EXPEDITIOUS SHIPMENT IS ESSENTIAL AND SUFFICIENT TIME IS NOT AVAILABLE TO EXECUTE GOVERNMENT BILLS OF LADING BEFORE SHIPMENT. APPROXIMATELY 1,000 OF THESE INDIVIDUAL SHIPMENTS ANNUALLY INVOLVE CHARGES UNDER $50.'

IN VIEW OF THE SITUATIONS EXPLAINED BY MR. ROBERTSON, WE APPROVE YOUR REQUEST TO EXEMPT THE DEPARTMENT OF AGRICULTURE FROM COMPLYING WITH THE PROVISIONS OF 5 GAO 3050 FOR SHIPMENTS UNDER THE SPECIFIC CONDITIONS DESCRIBED WHEN THE INDIVIDUAL CHARGES DO NOT EXCEED $50, SUBJECT TO THE FOLLOWING CONDITIONS:

1. THAT EACH COMMERCIAL BILL OF LADING OR EXPRESS RECEIPT, AND ALL COPIES THEREOF, PRIOR TO OR AT THE TIME OF TENDER OF THE SHIPMENTS TO THE CARRIER, WILL BE SEPARATELY STAMPED OR IMPRINTED WITH THE LEGEND:

"THIS SHIPMENT IS FOR THE ACCOUNT OF THE UNITED STATES GOVERNMENT WHICH WILL ASSUME THE FREIGHT CHARGES AND IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD FORM OF UNITED STATES GOVERNMENT BILL OF LADING AND ANY APPLICABLE CONTRACT OR AGREEMENT WITH THE CARRIER FOR THE TRANSPORTATION OF SHIPMENTS FOR THE UNITED STATES ON GOVERNMENT BILLS OF LADING.'

2. THAT THE CARRIERS' BILLS FOR CHARGES WILL BE SUBMITTED ON STANDARD FORM NO. 1113, PUBLIC VOUCHER FOR TRANSPORTATION CHARGES, SUPPORTED BY THE ORIGINAL COMMERCIAL BILLS OF LADING OR EXPRESS RECEIPTS, AND A SHOWING OF THE RECEIPT OF THE SHIPMENTS BY THE CONSIGNEE.

3. THAT EACH BILL FOR CHARGES WILL NOT COVER MORE THAN 25 COMMERCIAL BILLS OF LADING OR EXPRESS RECEIPTS.

A LETTER OF AGREEMENT SHOULD BE EXECUTED AND FILED BY EACH CARRIER INVOLVED SIGNIFYING ACCEPTANCE OF THESE ARRANGEMENTS, AND A COPY THEREOF TRANSMITTED TO THE TRANSPORTATION DIVISION OF THE GENERAL ACCOUNTING OFFICE AS A MATTER OF INFORMATION AND FOR APPROPRIATE FILING.