B-142854, NOV. 3, 1961

B-142854, NOV. 3, 1961

TO HONORABLE FOWLER HAMILTON, DIRECTOR, AGENCY FOR INTERNATIONAL DEVELOPMENT:

WE AGAIN REFER TO A LETTER DATED JANUARY 16, 1961 (WITH ENCLOSURE), FROM MR. EDWARD F. TENNANT, ASSISTANT DEPUTY DIRECTOR, CONTROLLER OF THE INTERNATIONAL COOPERATION ADMINISTRATION, IN WHICH IT IS REQUESTED THAT FOR CERTAIN CARRIERS IN CERTAIN FOREIGN COUNTRIES AN EXEMPTION BE GRANTED FROM THE REQUIREMENTS OF 5 GAO 2010.20, RELATING TO THE USE OF THE UNITED STATES OF AMERICA TRANSPORTATION REQUEST FORM SF-1169.

IN OUR DECISION OF NOVEMBER 3, 1960, B-142854, TO THE FORMER DIRECTOR OF THE INTERNATIONAL COOPERATION ADMINISTRATION, WE DECLINED TO APPROVE A REQUEST FOR AN UNLIMITED EXEMPTION FROM 5 GAO 2010.20 FOR THE PROCUREMENT OF PASSENGER TRANSPORTATION SERVICES FROM AND BETWEEN OVERSEAS POINTS. SUGGESTED, HOWEVER, THAT IF SPECIFIC EXAMPLES OF THE NONACCEPTANCE OF TRANSPORTATION REQUESTS WERE BROUGHT TO OUR ATTENTION, WE WOULD GIVE CONSIDERATION TO THE NECESSITY OF GRANTING AN EXEMPTION, RELATED TO THE JUSTIFICATION OF THE SPECIFIC NEED FOR ONE.

MR. TENNANT EXPLAINS THAT THE PASSENGER TRANSPORTATION PROCUREMENT DIFFICULTIES ENCOUNTERED BY YOUR OVERSEAS MISSIONS ARE NOT WITH THE MAJOR DOMESTIC AND FOREIGN INTERNATIONAL CARRIERS, BUT GENERALLY WITH NATIONALIZED OR LOCAL TRANSPORTATION COMPANIES OPERATING WITHIN AND BETWEEN FOREIGN COUNTRIES. HE ENCLOSED A LISTING BY FOREIGN COUNTRY OF TRANSPORTATION COMPANIES (INCLUDING SOME MAJOR CARRIERS ENGAGED IN INTERNATIONAL TRANSPORTATION) WHO, AS REPORTED BY YOUR OVERSEAS MISSIONS, REFUSE TO ACCEPT UNITED STATES OF AMERICA TRANSPORTATION REQUESTS. ALSO STATES THAT TO REQUIRE THE MISSIONS TO DISCONTINUE USING THE SERVICES OF THESE CARRIERS, BECAUSE OF REFUSALS TO ACCEPT TRANSPORTATION REQUESTS, WOULD SEVERELY RESTRICT, IF NOT IMPEDE, YOUR OPERATIONS IN THE COUNTRIES CONCERNED.

ON THE PRESENT RECORD WE APPROVE YOUR PROPOSAL INSOFAR AS IT CONCERNS THE LOCAL TRANSPORTATION COMPANIES OPERATING FROM THE PLACES LISTED IN YOUR LETTER. IN ADDITION, WHERE SIMILAR TYPE CARRIERS REFUSE TO ACCEPT GOVERNMENT TRANSPORTATION REQUESTS FOR TRANSPORTATION WITHIN AND BETWEEN FOREIGN COUNTRIES WE AGREE THAT THE REQUIRED SERVICE MAY BE OBTAINED BY THE USE OF CASH OR OTHER APPROPRIATE MEANS SATISFACTORY TO THE CARRIERS AND THE GOVERNMENT. HOWEVER, AS SUGGESTED BY YOU, THE ADDITIONAL PLACES AND CARRIERS WHICH YOU PROPOSE TO KEEP IN THE EXEMPT CATEGORY SHOULD BE REPORTED TO OUR OFFICE FROM TIME TO TIME AS ADDITIONS TO THE PRESENT LIST. WE ALSO GRANT EXEMPTION FROM THE REQUIRED USE OF THE GOVERNMENT TRANSPORTATION REQUEST FOR ALL CARRIERS OPERATING FROM POINTS BEHIND THE IRON CURTAIN.

IT SHOULD BE NOTED THAT THE ABOVE APPROVAL DOES NOT INCLUDE THE PROCUREMENT OF TRANSPORTATION SERVICE FROM UNITED STATES FLAG CARRIERS AND CARRIERS MORE OR LESS ENGAGED IN INTERNATIONAL OPERATIONS SUCH AS THE MEMBERS OF INTERNATIONAL AIR TRANSPORT ASSOCIATION AND OTHER CARRIERS AND TRAVEL AGENCIES (EXCEPT CARRIERS AND TRAVEL AGENCIES ON OPERATIONS FROM POINTS BEYOND THE IRON CURTAIN) INCLUDED AMONG THOSE IDENTIFIED BELOW AS HAVING ACCEPTED TRANSPORTATION REQUEST FORM SF 1169 IN THE PAST. IT IS OUR EXPERIENCE THAT THE FORM SF-1169 IS GENERALLY ACCEPTABLE TO SUCH CARRIERS FOR ALL TRANSPORTATION SERVICES.

WE BELIEVE IT ESSENTIAL THAT ADMINISTRATIVE PROCEDURES SHOULD BE SO MAINTAINED AND REVIEWED AS TO IMPRESS RESPONSIBLE OFFICIALS WITH THE NEED FOR USING GOVERNMENT TRANSPORTATION REQUESTS WHENEVER POSSIBLE IN ORDER TO INSURE THE MAXIMUM POSSIBLE UTILIZATION OF SUCH FORMS WHEN THE TRANSPORTATION IS FOR THE ACCOUNT OF THE UNITED STATES. THE ENCLOSED COPY OF A PROPOSED INSTRUCTION TO OVERSEAS POSTS PREPARED IN THE DEPARTMENT OF STATE SHOULD CONTRIBUTE TO THE ACCOMPLISHMENT OF THIS PURPOSE INSOFAR AS YOUR AGENCY IS CONCERNED, AND WE SUGGEST THAT A SIMILAR NOTICE BE ADOPTED FOR USE BY YOUR AGENCY. HOWEVER, WE BELIEVE THAT IN SUCH NOTICE SOME REFERENCE SHOULD ALSO BE MADE AS TO THE AVAILABILITY OF CASH PROCEDURES UNDER OUR REGULATIONS IN INSTANCES WHERE THE COST OF TRANSPORTATION DOES NOT EXCEED $15. 5 GAO 2020.10.

IN INSTANCES WHERE ANY OF THE CARRIERS OR TRAVEL AGENCIES PRESENTLY REFUSING TO ACCEPT GOVERNMENT TRANSPORTATION REQUESTS DECIDE IN THE FUTURE THAT SUCH REQUESTS ARE ACCEPTABLE, WE SHALL EXPECT YOUR AGENCY TO REVERT TO THE USE OF THE TRANSPORTATION REQUEST FORM AS THE PREFERRED MEANS OF OBTAINING THE NECESSARY TRANSPORTATION SERVICES. YOU SHOULD ADVISE US AT SOME FUTURE TIME AS TO WHETHER ANY PROGRESS HAS BEEN MADE IN ACHIEVING BROADER ACCEPTABILITY OF THE FORM. IN THIS CONNECTION WE NOTE THAT YOUR LIST OF CARRIERS REFUSING TO ACCEPT, OR ONLY OCCASIONALLY ACCEPTING, THE TRANSPORTATION REQUEST FORM INCLUDES SUCH ORGANIZATIONS AS INDIAN AIRLINES, AEROLINAS ARGENTINAS, MALAYAN AIRLINES, GARUDA INDONESIAN AIRWAYS, AIR LAOS, THAI AIRWAYS, CATHAY PACIFIC AIRWAYS, AIR VIET-NAM, BRITISH OVERSEAS AIRWAYS, AIR FRANCE, AND AIR LIBAN. THESE CARRIERS AND WAGON-LITS/COOK IN AUSTRIA AND TURKEY HAVE IN THE PAST ACCEPTED TRANSPORTATION REQUEST FORM SF-1169.

IT MAY WELL BE THAT SOME OF THE PRESENT INSTANCES, INVOLVING REPORTS OF REFUSALS TO HONOR THE GOVERNMENT TRANSPORTATION REQUEST, RELATE TO ISOLATED SITUATIONS WHICH MIGHT BE CAPABLE OF BEING CLEARED UP BY APPROPRIATE COMMUNICATION WITH HIGHER LEVEL LOCAL OFFICIALS OR THE HOME OFFICE OF THE TRANSPORTATION COMPANY INVOLVED AND THAT POSSIBLY SIMILAR REFUSALS MIGHT HAVE BEEN CAUSED BY IMPROPERLY PREPARED TRANSPORTATION REQUESTS OR DOCUMENTS THAT DID NOT ADEQUATELY COVER SERVICES ORALLY REQUESTED. IT SEEMS TO US THAT IN THOSE INSTANCES SOME ADDITIONAL EFFORT IN THE MATTER OF CLEARLY INFORMING ALL PERSONS INVOLVED AS TO THE PROPER UTILIZATION OF THE TRANSPORTATION REQUEST MAY RESULT IN OBTAINING THE CARRIERS' COOPERATION.