Military/Industry Personal Property Tender of Service (TOS)

DEPARTMENT OF DEFENSE

Department of the Army

Military/Industry Personal Property Tender of Service (TOS)

AGENCY: Military Traffic Management Command, DoD.

ACTION: Notice (Request public comments on new military/industry

contractual agreement).

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SUMMARY: The U.S. Transportation Command proposes to issue a new

personal property Tender of Service to be signed by the Military

Traffic Management Command (MTMC) on behalf of the U.S. Department of

Defense (DOD) and personal property carriers wishing to do business in

the DOD Personal Property Shipment and Storage Program.

DATES: U.S. Transportation Command will receive comments not later than

August 20, 1999. The new TOS will be effective when signed by MTMC and

the carrier.

FOR FURTHER INFORMATION CONTACT: Larry Campbell, U.S. Transportation

Command, TCJ4-LTP, (618) 256-1985. The public may obtain copies of the

proposed Tender of Service for a fee from the U.S. Department of

Commerce, National Technical Information Services, 5285 Port Royal,

Springfield, Virginia 22161.

SUPPLEMENTARY INFORMATION:

Background

The new TOS is issued under the authority of Deputy Under Secretary

of Defense (Logistics) Memorandum ``Defense Transportation Regulation

(DTR), Part I-IV,'' August 5, 1995. It implements DOD policies

governing the use of DOD-owned and controlled aircraft, sealife/

airlift, and establishes criteria for passenger, personal property,

cargo, and mobility movement.

Significant changes from the previous TOS include (1) moving

quality assurance requirements from the TOS to the Domestic and

International Rate Solicitations issued semi-annually by MTMC; and (2)

establishment of a mandatory requirement for personal property carriers

to pay inconvenience claims. The former requirements became effective

in 1997. The latter requirement is found in paragraph 15.b. of the new

TOS:

15. Loss or Damage/Inconvenience Claims.

b. Inconvenience Claims.

(1) I hereby reaffirm that it is my responsibility to pickup and

deliver personal property shipments on the agreed date. My failure to

do so can cause serious inconvenience to the Department of Defense

(DOD) civilian employees and military members and the member's family,

and can result in the expenditures of funds by the member of lodging,

food rental/purchase of household necessities, and directly related

miscellaneous expenses.

(2) I agree to acknowledge receipt of an inconvenience claim filed

by a member or an installation TO within 15 calendar days from the date

of receipt. I further agree to reimburse the civilian employee and

military member for out-of-pocket expenses which result from my failure

to offer the shipment for delivery on or before the required delivery

date as stated on the Government Bill of Lading (GBL) or correction

notice thereof, except for delays caused by acts of God, acts of the

public enemy, acts of the Government, acts of the public authority,

violent strikes, or mob interference. The member shall document the

claim fully with an itemized list of charges and accompanying receipts

for charges incurred. Charges shall be computed from the day after the

delivery date specified on the PPGBL as the RDD or GBL correction

notice thereof or the date following the day the member obtains

quarters, whichever date is the latest, and will be payable through the

day of actual delivery of the shipment.

(3) Expenses: Out-of-pocket expenses are all expenses incurred by a

military member or DOD civilian and their

[[Page 33068]]

family members because they are not able to use the items in the

shipment or to establish his or her household. Expenses include but are

not limited to, lodging, meals, laundry service, furniture and/or

appliance rental, to include rental of a television or similar expenses

such as towels (2 per person) pots, pans, paper plates, plastic knives,

plastic spoons, plastic forks, paper and/or plastic cups, and napkins.

A request for reimbursement of alcoholic beverages in any quantity is

prohibited.

(a) I agree to pay the member within 30 calendar days of the

submission date and will report to the destination TO, with a copy to

HQ MTMC, ATTN: MTTP, of the final action taken, to include the date and

total amount of settlement. In the event of a disputed claim, I may,

within the 45-day period for receipt of the claim, appeal the case to

the destination TO. Every effort will be made to resolve the dispute.

However, should I disagree with the decision of the TO, I may appeal

the case to HQ MTMC. I understand the decision of HQ MTMC is final and

the claim must be settled within a total of 75 days of the submission

date. Failure to acknowledge and/or settle a valid inconvenience claim

may be cause for my company to be disqualified from participation with

the DOD. Additionally, I understand that should I fail to settle a

valid inconvenience claim set-off action will be taken against my

company, by the appropriate claims office/finance office. I am not

responsible for payment of an inconvenience claim when a shipment is

ordered in storage-in-transit (SIT) at destination, regardless of the

required delivery date (RDD), unless the need for SIT is a direct

result of my failure to effect delivery of the shipment by the required

delivery date and the member was officially ordered away from the area

at the time delivery was available. I agree to reimburse the member

through the day prior to the member's departure from the area.

William G. Balkus,

COL, GS, DCS Passenger and Personal Property.

[FR Doc. 99-15698 Filed 6-18-99; 8:45 am]

BILLING CODE 3710-08-M