B-142854, NOV. 3, 1961

B-142854, NOV. 3, 1961

TO THE SECRETARY OF STATE:

WE AGAIN REFER TO A LETTER DATED MARCH 8, 1961 (WITH ENCLOSURES), FROM MR. WILLIAM J. CROCKETT, ASSISTANT SECRETARY, IN WHICH IT IS REQUESTED THAT FOR CERTAIN CARRIERS AND TRAVEL AGENCIES IN CERTAIN FOREIGN LOCATIONS THE DEPARTMENT OF STATE BE GRANTED AN EXEMPTION 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, TO THE FORMER SECRETARY OF STATE, WE DECLINED TO APPROVE A REQUEST FOR A BLANKET EXEMPTION FROM 5 GAO 2010.20 FOR THE PROCUREMENT OF PASSENGER TRANSPORTATION SERVICES FROM AND BETWEEN OVERSEAS POINTS. WE 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. CROCKETT STATES THAT THE PASSENGER TRANSPORTATION PROCUREMENT DIFFICULTIES ENCOUNTERED BY THE DEPARTMENT OF STATE GENERALLY ARE WITH NATIONALIZED OR LOCAL TRANSPORTATION COMPANIES AND WITH PRACTICALLY ALL CARRIERS BEHIND THE IRON CURTAIN. HE ENCLOSED A LISTING BY FOREIGN LOCATION OF TRANSPORTATION COMPANIES (INCLUDING SOME MAJOR CARRIERS ENGAGED IN INTERNATIONAL TRANSPORTATION), WHO, AS REPORTED BY YOUR FISCAL SERVICING POSTS, REFUSE TO ACCEPT TRANSPORTATION REQUESTS. BESIDES REQUESTING AN EXEMPTION FOR PARTICULAR CARRIERS AT SPECIFIC FOREIGN LOCATIONS, HE REQUESTS AN EXEMPTION FROM THE REQUIREMENT FOR THE USE OF GOVERNMENT TRANSPORTATION REQUESTS FOR THE PROCUREMENT OF LOCAL TRANSPORTATION SERVICES IN FOREIGN COUNTRIES IN ALL CASES IN WHICH FOREIGN CARRIERS REFUSE TO ACCEPT THE REQUESTS, AND STATES THAT TO REQUIRE YOUR OVERSEAS MISSIONS TO DISCONTINUE THE USE OF THE NATIONALIZED OR LOCAL TRANSPORTATION COMPANIES WOULD SERIOUSLY HAMPER THE DEPARTMENT'S OPERATIONS ABROAD.

ON THE PRESENT RECORD WE APPROVE YOUR PROPOSAL INSOFAR AS IT CONCERNS THE LOCAL TRANSPORTATION COMPANIES OPERATING WITHIN AND BETWEEN FOREIGN COUNTRIES 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 (EXCEPT WHERE THOSE CARRIERS--- SUCH AS GRACE LINES AT QUITO--- OFFER A SUBSTANTIAL DISCOUNT FOR CASH PAYMENT) AND CARRIERS MORE OR LESS ENGAGED IN INTERNATIONAL OPERATIONS SUCH AS THE MEMBERS OF INTERNATIONAL AIR TRANSPORT ASSOCIATION. IT IS OUR EXPERIENCE THAT THE FORM SF-1169 IS GENERALLY ACCEPTABLE TO SUCH CARRIERS FOR ALL TRANSPORTATION SERVICES.

WE BELIEVE IT IS 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 COPY OF A PROPOSED INSTRUCTION TO OVERSEAS POSTS FURNISHED WITH YOUR DEPARTMENT'S LETTER OF MAY 2, 1960, IS DESIGNED TO ACCOMPLISH THIS PURPOSE. HOWEVER, WE BELIEVE THAT SOME REFERENCE SHOULD ALSO BE MADE 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 DEPARTMENT TO REVERT TO THE USE OF THE TRANSPORTATION REQUEST FORM AS THE PREFERRED MEANS OF OBTAINING THE NECESSARY TRANSPORTATION SERVICES. YOUR DEPARTMENT SHOULD ADVISE US AT SOME FUTURE TIME AS TO WHETHER ANY PROGRESS HAS BEEN MADE IN ACHIEVING BROADER ACCEPTABILITY OF THE FORM.

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 GOVERNMENT TRANSPORTATION REQUEST MAY RESULT IN OBTAINING THE CARRIERS' COOPERATION.