B-127999, JUN. 12, 1962

B-127999, JUN. 12, 1962

TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE:

IN A LETTER OF MAY 23, 1962, THE ACTING SECRETARY IN EFFECT REQUESTED THAT WE AMEND OUR DECISION OF MAY 13, 1957, B-127999--- PRESCRIBING CERTAIN CONDITIONS FOR THE USE OF COMMERCIAL SHIPPING DOCUMENTS IN THE WATER SAMPLING PROGRAM OF THE ROBERT A. TAFT SANITARY ENGINEERING CENTER, CINCINNATI, OHIO--- BY AUTHORIZING THE USE OF PROCEDURES SET FORTH IN OUR DECISION TO YOU OF JUNE 21, 1961, B 145324, CONCERNING THE USE OF COMMERCIAL DOCUMENTS FOR SHIPMENTS OF FOOD SAMPLES IN CONNECTION WITH YOUR RADIOLOGICAL HEALTH PROGRAM ACTIVITIES. IT IS REPORTED THAT THE WATER SAMPLING PROGRAM IS THE SAME AS DESCRIBED IN OUR DECISION OF MAY 13, 1957.

AS YOUR DEPARTMENT PREVIOUSLY REPORTED THE ROBERT A. TAFT SANITARY ENGINEERING CENTER RECEIVES EACH MONTH SAMPLES OF WATER FOR TESTING FROM MORE THAN 100 SAMPLING STATIONS LOCATED IN THE UNITED STATES. THESE SAMPLES ARE SHIPPED IN CONTAINERS WHICH ARE RETURNED EACH MONTH BY THE CINCINNATI FACILITY TO THE SAMPLING STATIONS. WE UNDERSTAND THAT THE COST OF SHIPPING INCOMING FULL CONTAINERS WOULD BE RELATIVELY SMALL. SINCE THIS PROGRAM WOULD NECESSITATE THE PREPARATION OF A LARGE NUMBER OF BILLS OF LADING YEARLY, YOU FELT THAT IT WOULD BE MUCH MORE ECONOMICAL AND LESS CUMBERSOME IF A CONTRACT COULD BE ENTERED INTO WITH A TRANSPORTATION COMPANY, SUCH AS THE RAILWAY EXPRESS AGENCY (NOW REA EXPRESS), TO UTILIZE COMMERCIAL SHIPPING DOCUMENTS WITH ONE BILLING A MONTH FOR ALL SUCH SHIPMENTS MADE ON STANDARD FORM 1113, PUBLIC VOUCHER FOR TRANSPORTATION CHARGES, SUPPORTED BY THE ORIGINAL COMMERCIAL WAYBILLS PROPERLY RECEIPTED BY THE CONSIGNEES.

IN VIEW OF THIS SITUATION, WE AUTHORIZE IN OUR DECISION MAY 13, 1957, THE USE OF COMMERCIAL SHIPPING DOCUMENTS FOR THESE SHIPMENTS, WITH CONSIDERATION TO BE GIVEN TO THE MODE OF TRANSPORTATION GIVING ADEQUATE SERVICE AT THE MOST ECONOMICAL BASIS, SUBJECT TO THE FOLLOWING CONDITIONS:

"1. THAT EACH COMMERCIAL BILL OF LADING, OR COMMERCIAL 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 CONSISTS OF PROPERTY OF THE UNITED STATES 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 GOVERNMENT BILLS OF LADING.'

"2. THAT DISTRIBUTION OF THE COMMERCIAL BILLING DOCUMENTS WILL CONFORM AS CLOSELY AS POSSIBLE TO THE PATTERN ESTABLISHED IN SECTION 6, GENERAL REGULATIONS NO. 97-REVISED (NOW INCORPORATED IN SECTION 3025, TITLE 5, OF OUR POLICY AND PROCEDURES MANUAL), FOR THE DISTRIBUTION OF FORMS IN BASIC SETS OF GOVERNMENT BILLS OF LADING.

"3. THAT THE CARRIER'S 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.

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

IN YOUR PRESENT LETTER YOU REPORT THAT THIS PROCEDURE WAS NEVER PUT INTO USE SINCE THERE WAS A RELUCTANCE BY THE LOCAL RAILWAY EXPRESS OFFICE TO MEET THE REQUIRED CONDITIONS. YOU INDICATE THAT THE PROCEDURE SET FORTH IN OUR DECISION OF JUNE 21, 1961, B-145324, WOULD BE MORE ACCEPTABLE TO THE LOCAL REA EXPRESS OFFICE.

THE PROCEDURE AUTHORIZED IN OUR DECISION OF JUNE 21, 1962, CONTEMPLATED A WRITTEN ADVANCE AGREEMENT WITH THE CARRIER TO PERFORM THE TRANSPORTATION SERVICES INVOLVED UNDER THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD FORM OF THE U.S. GOVERNMENT BILL OF LADING, AND THAT THE SHIPPING CONTAINERS UTILIZED--- RATHER THAN THE CARRIER'S COMMERCIAL SHIPPING DOCUMENTS--- WOULD BEAR A LEGEND REFLECTING SUCH AN AGREEMENT, THEREBY PUTTING ALL PARTIES ON NOTICE OF THE CHARACTER AND TERMS OF THE SHIPMENT. WE FEEL THAT THIS TYPE OF PROCEDURE ADEQUATELY PROTECTS THE GOVERNMENT'S INTERESTS WHERE GOVERNMENT BILLS OF LADING ARE NOT USED AND COULD READILY SERVE AS THE SOLUTION OF THE ADMINISTRATIVE PROBLEM NOW ENCOUNTERED IN YOUR WATER SAMPLING PROGRAM. ACCORDINGLY, YOU ARE AUTHORIZED TO USE COMMERCIAL SHIPPING DOCUMENTS FOR THESE SMALL SHIPMENTS OF WATER SAMPLES AND EMPTY CONTAINERS, WITH CONSIDERATION TO BE GIVERN TO THE MODE OF TRANSPORTATION GIVING ADEQUATE SERVICE AT THE MOST ECONOMICAL BASIS, SUBJECT TO THE FOLLOWING CONDITIONS:

1. THAT A LETTER OF AGREEMENT SHOULD BE EXECUTED AND FILED BY REA EXPRESS AND/OR OTHER INTERESTED CARRIERS SIGNIFYING ACCEPTANCE BY THESE ARRANGEMENTS, AND THAT COPIES THEREOF BE TRANSMITTED TO THE TRANSPORTATION DIVISION OF THE GENERAL ACCOUNTING OFFICE AS A MATTER OF INFORMATION AND FOR APPROPRIATE FILING. THE LETTER OF AGREEMENT SHOULD CONTAIN THE FOLLOWING PROVISION:

"THE SHIPMENTS COVERED BY THIS AGREEMENT CONSIST OF PROPERTY OF THE UNITED STATES AND ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STANDARD FORM OF THE UNITED STATES GOVERNMENT BILL OF LADING AND ANY OTHER APPLICABLE CONTRACT OR AGREEMENT OF THE CARRIER FOR THE TRANSPORTATION OF SHIPMENTS FOR THE UNITED STATES ON GOVERNMENT BILLS OF LADING. EACH SHIPPING CONTAINER USED WILL BE MARKED BY THE PUBLIC HEALTH SERVICE OR ITS AGENTS BY A RUBBER STAMP IMPRESSION OR OTHER APPROPRIATE MEANS "U.S. GOVERNMENT SHIPMENT SUBJECT TO ALL TERMS AND CONDITIONS OF U.S. GOVERNMENT BILL OF LADING STANDARD FORM NO. 1103.'

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

AS INDICATED IN OUR DECISION OF JUNE 21, 1961, IT IS NOT ESSENTIAL FOR OUR PURPOSES THAT A GOVERNMENT BILL OF LADING BE ISSUED AT THE END OF EACH MONTH TO COVER THE EXPRESS RECEIPTS INVOLVED, ALTHOUGH IT MAY BE FOUND USEFUL IN MAINTAINING ADMINISTRATIVE CONTROLS.