SECTION 8
STATEMENT OF RESPONSIBILITY AND AUTHORITY
GSA ITOS Effective October 1, 1995.
8.1. Responsible Transportation Officer Responsibilities And
Authorities.
8.2. Program Manager Responsibilities And Authorities.
8.3. Temporary Nonuse, Suspension, Debarment.
8.4. Owner Responsibilities.
8.5. Participant Responsibilities.
8.6. Disputes.
Go to Section 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, or 17.
In those instances where a shipment is managed by a third party relocation contractor pursuant to a contract awarded by GSA or a Federal civilian, non-DoD, agency, the broker shall have the responsibilities and authorities, to the extent not limited or modified by the contract, set out in this ITOS for the RTO and/or the GBL Issuing Office.
For the purposes of this ITOS and where reference is made to the RTO for the authorization of services at foreign origins/destinations, the GSO shall be construed to have the same authority as the RTO.
The RTO must establish and authorize in writing on the GBL the level of service, as set out in ITOS Paragraph 10.2.1, to be provided by a participant in furnishing transportation services.
The RTO must establish and authorize in writing in accordance with ITOS Paragraph 10.3.1.3 the terms and conditions of any program limiting a carrier's liability for items of high risk..
The RTO must authorize and approve in writing prior to performance the beginning of any service that may be scheduled for Saturday, Sunday, local holidays, or Federal holidays.
The RTO must authorize and approve in writing the beginning of any service that will not allow completion by 5pm, local time.
The RTO must authorize in writing expedited service.
The RTO must, in accordance with ITOS Paragraph 4.3.2, approve in writing telephonic premove surveys.
The RTO must authorize and approve in writing prior to performance the participant furnishing of any services and the charges therefor that are outside the scope of this ITOS.
The RTO must prior to performance authorize and approve in writing the packing and stuffing of liftvans and overflow boxes at a location other than the origin residence.
The RTO must in accordance with ITOS Paragraphs 4.7.1.4, 4.7.2.9, and 4.7.2.13 approve in writing the use of crates.
The RTO must in accerdance with ITOS Paragraph 4.2.6 approve in writing the removal or placement of property from or to inaccessible locations.
The RTO must approve in writing the use of shuttle service.
The RTO must approve in writing changes in transit time.
The RTO is authorized, in accordance with ITOS Paragraph 6.1.2, to perform inspections of participant facilities and of participant performance of service.
The RTO is authorized, in accordance with ITOS Paragraphs 6.1.2.2 and 11.1.1.3, to direct the participant to correct or reperform defective services.
The RTO must, in accordance with ITOS Paragraph 4.19.5 , approve in writing the use of constructive weight.
The RTO must, in accordance with ITOS Paragraph 4.19.4 , approve the reweigh of a shipment.
The RTO must, in accordance with ITOS Paragraphs 4.8.1, approve the use of third parties.
The responsible transportation office must, in accordance with ITOS Paragraph 4.4.2, approve in writing the use of foreign flag shipping.
The RTO must authorize and approve in writing the diversion and/or reconsignment of a shipment to a destination area other than that specified on the GBL. The destination area is the territory within a fifty (50) air mile radius of the principal building of the United States Embassy or United States Consulate in the destination city or municipality shown on the GBL. Instructions furnished by the owner or his representative to the participant or its agent to perform local drayage to any point within the destination area shall not constitute an order for diversion or reconsignment. A shipment terminated by the RTO in accordance with ITOS Paragraph 8.1.1.19 will not constitute a diversion.
The RTO is authorized to terminate the right of the participant to provide the services or such part or parts thereof as to which there has been delay, refusal, or failure to complete and to procure similar services on the open market by contract or otherwise, charging against the participant any excess cost occasioned to the Government thereby, including any applicable Late Delivery Reduction. The authority of the RTO to terminate the right of the participant to provide services includes termination of the shipment, obtaining release of the shipment from the agent, port agent, ocean or motor carrier, as applicable, and at the Government's option. Included with the meaning of delay, refusal, or failure to complete performance is the frustration of a shipment or shipments due to (1) nonpayment of charges by the ITGBL participant whereby the shipment is being detained by the ocean or motor participant either aboard a vessel or within an ocean or motor terminal; (2) nonpayment of port agent's fees and/or charges by a participant whereby the shipment is being detained at a port agent's facility by a port agent; (3) detention of a shipment by an origin/destination local agent for any reason relative to participant/agent disputes; (4) non-traceable or non-available documentation attributable to the fault of the participant or its agents; (5) port congestion arising from the inability of the port agent and/or participant to book and clear shipments in a timely manner.
The RTO is authorized to pay any charges necessary to release a shipment, and to initiate action for setoff of expenses incurred by the Government which are excess to those which would have been incurred if the participant had maintained total through movement of the shipment.
When a participant is placed in worldwide nonuse by a civilian agency, the RTO may take possession of their agency's shipments in the participant's possession and move them via another participant to their final destinations. The RTO or his/her authorized agents may inspect local and port agent facilities located in their area of responsibility for shipments of subject participant still on hand and will be responsible for the termination of these shipments and arranging alternate transportation to final destination.
When a participant's facilities or the facilities of its agent are disapproved for further use, and the RTO or his authorized representative considers it necessary to remove the household goods shipment to prevent damage or contamination, the RTO is authorized to direct the participant to immediately remove the property and place it in a Government approved warehouse. The cost of such removal will be at the participant's expense and at no expense to the Government or the property owner.
The RTO must prior to placement authorize and approve in writing the placement of a shipment in SIT at destination.
The RTO must, in accordance with ITOS Paragraphs 4.17.5 and 7.6.4, authorize and approve in writing SIT at origin; SIT at a destination location other than the carrier's agent's nearest available DoD/DOS approved storage facility, when used for other than carrier convenience; or SIT involving the use of trailers, vans, public warehouses, and self storage units.
The RTO is authorized in accordance with ITOS Paragraph 4.17.1 to negotiate extensions beyond 180 days for storage-in-transit.
The RTO must in accordance with ITOS Paragraph 4.17.4 approve in writing the use for storage-in-transit of trailers, vans, public warehouses, self storage units, or any other facility not normally used in the normal course of business for the receipt and storage of household goods.
The RTO must prior to withdrawal authorize and approve the partial withdrawal of property from SIT and inform the carrier of the billing instructions.
The RTO shall in accordance with ITOS Paragraph 5.14.2 authorize extension in time for carrier settlement of a claim.
If required by the shipping Federal agency, the RTO is authorized to direct the use of specific agents for performance of origin and destination services.
The RTO must prior to commencement of performance authorize and approve in writing the removal or placement of property from or to attics, basements, and other locations, and to make property available to the participant where the location of property and goods to be shipped or delivered is (1) not accessible by a permanent stairway (does not include ladders of any type), (2) not adequately lighted, (3) does not have a flat continuous floor, and (4) does not allow a person to stand erect. The RTO must also prior to commencement of performance authorize and approve in writing the charges therefor.
Notwithstanding the provisions of this ITOS Paragraphs 8.1.1.3 through 8.1.1.25, above, the RTO is authorized to waive the requirements set forth is this ITOS, in whole or in part, on an individual shipment because of the incompatibility of such requirements with the prevailing circumstances.
To the extent applicable and not otherwise specifically stated herein, the Ordering Office is responsible for preparation of the GBL, SF1103 or SF1203.
The Ordering Office is responsible for distributing the GBL in accordance with its agency procedures.
The RTO is authorized to and responsible for filing claims with the participant for equitable adjustment of the shipment costs in the event of incomplete or non-performance of services.
Unless waived to the property owner (see ITOS Paragraph 8.4.6, below), the RTO is authorized to and responsible for filing claims for loss and/or damage with the participant.
When delay, refusal, or failure to provide services is alleged by the participant to be excusable, the decisions as to whether such delay, refusal, or failure is excusable shall be made only by the RTO. Causes beyond the control and without the fault or negligence of the participant include, but are not restricted to, acts of God or the public enemy, strikes, freight embargoes, and unusually severe weather; provided, however, that this provision shall not take effect unless the participant shall notify the Ordering Officer immediately of the cause of any such delay, refusal, or failure. In such event, the Ordering Office will ascertain the facts and the extent of delay, refusal, or failure, advise the RTO who shall then decide the excusability of the delay, refusal, or failure to complete the services. In the event the RTO determines that the alleged delay, refusal, or failure is inexcusable, the Ordering Office shall determine whether to terminate the order. The RTO shall advise the PMO of its decision.
In the event the participant fails to settle a claim within thirty (30) days of receipt, or an additional thirty (30) days in accordance with ITOS Paragraph 5.14.2, or fails to settle a claim to the full extent of its legal liability as determined the Federal agency paying the costs of the services furnished pursuant to this ITOS, or by the Ordering Office, the RTO is authorized to make initial decisions determinative of participant liability for: (a) equitable adjustment for incomplete or non-performance of services; and/or, (b) loss of and/or damage to real and personal property. In making decisions determinative of participant liability, the RTO has the right to interview the participant, the property owner or his designated representative, review the participant's settlement and all supporting schedules and documentation, determine the propriety of that settlement and, when appropriate, direct the participant to resettle in the amount or amounts determined proper by the RTO.
Unless appealed to the Program Manager, initial decisions of the RTO shall be final and conclusive upon the participant.
In the event the participant refuses to settle a claim in accordance with the RTO's initial decision or after a final decision by the Program Manager, the is authorized to initiate such action as is necessary to collect from any monies due the participant, by setoff or otherwise, the settlement determined proper by the RTO or the Program Manager.
Back to Contents of ITOS Section 8.
The Program Manager is authorized to approve or reject, in accordance with Section 2, an applicant's request to participate in the Centralized Household Goods Traffic Management Program-International.
The Program Manager is authorized, in accordance with Section 3 to approve, reject, or require the correction of a participant's rate filing.
In the event a participant appeals in accordance with the provisions of ITOS Paragraph 8.5.11.1 a proposal to revoke approval of the participant to participate in this Program, the PMO shall handle the appeal in accordance with the provisions of Title 41 Code of Federal Regulations Part 101-40.408.3; provided, however, that any reference to temporary nonuse in said regulation shall be construed as meaning revocation of approval.
In the event a participant appeals the Government's proposal to place it in temporary nonuse, suspension, or debarment, the Government shall handle the appeal in accordance with the provisions of Title 41 Code of Federal Regulations Part 101-40.4.
In the event a participant appeals in accordance with the provisions of ITOS Paragraph 8.5.11.3 corrective actions required as a result of an on-site review in accordance with ITOS Paragraph 6.1.1.3, the PMO shall handle the appeal in accordance with the provisions of Title 41 Code of Federal Regulations Part 101-40.408.3; provided, however, that any reference to temporary nonuse in said regulation shall be construed as meaning corrective actions.
In the event a participant appeals in accordance with the provisions of ITOS Paragraph 8.5.11.4 performance information provided in accordance with ITOS Paragraph 9.11.1, the PMO shall consider only those items which are factual in nature and shall inform the participant of the result of its review within 30 workdays of receiving the participant's submission or presentation.
In the event a participant disagrees with an initial decision of the RTO and a satisfactory agreement cannot be reached, the Program Manager is authorized after review of all relevant and necessary information to issue a final decision on the matter in dispute.
The Program Manager and any of his duly authorized representatives shall, until the expiration of three years after final payment under this agreement, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the participant involving transactions related to this ITOS or compliance with any clauses thereunder. The participant shall furnish, upon request, copies of all documents/records deemed necessary by the Program Manager or his designee. The participant shall furnish copies of such records at no cost to the Government.
The PMO shall furnish participants a performance report. This report will be furnished to the participant on a calendar quarter basis, and shall either contain information derived from GSA Forms 3080 received during the previous quarter pertaining to shipments handled by the participant or consist of copies of the GSA Forms 3080 received during the previous quarter.
The PMO shall publish an annual report based upon information from GSA Forms 3080 received during the previous calendar year and such other information as the PMO deems appropriate.
Back to Contents of ITOS Section 8.
The PMO is authorized to place a participant in a temporary nonuse status in accordance with the procedures in the Federal Property Management Regulations (FPMR) Part 101-40. (41 CFR Part 101-40) The PMO, in accordance with the procedures in the FPMR Part 101-40, is authorized to refer a participant for suspension or debarment.
The bases specified below supplement those cited in the applicable FPMR and are not to be considered exclusive. Repeated instances of the following or other acts within the compass of the FPMR may form the basis for suspension or debarment. Temporary nonuse action maybe initiated without regard to other participants or their individual performance.
In the event the participant's agent is terminated and the participant does not establish an agency agreement with a new agent within the time period specified in ITOS Paragraph 5.17, the participant may be placed in temporary nonuse until a new agency agreement is effected.
RTOs of the shipping Federal agency are authorized to place a participant or agent in a temporary nonuse status in accordance with the procedures in the Federal Property Management Regulations (FPMR) Part 101-40. (41 CFR Part 101-40) The RTO, in accordance with the procedures in the FPMR Part 101-40, is authorized to refer a participant for suspension or debarment.
The bases specified below supplement those cited in the applicable FPMR and are not to be considered exclusive. Repeated instances of the following or other acts within the compass of the FPMR may form the basis for suspension or debarment. Temporary nonuse action maybe initiated without regard to other participants or their individual performance.
The RTO may immediately place a participant in temporary nonuse when it is discovered that the participant has moved shipments in line-haul service which have not been properly tarped.
The RTO may place a participant in temporary nonuse because of any substantial violation or repeated violation of any item of this ITOS or failure to perform in accordance with tariff/rate tender and/or other legal requirements. If the action by the participant is sufficiently serious, the RTO may place the participant immediately in temporary nonuse.
The RTO may immediately place a participant in temporary nonuse in the event that the participant's corrective actions have not been actually taken.
The RTO may place a participant is temporary nonuse for the continued inventory practice of "mass" coding or the totally inaccurate use of coding so as to falsify the actual condition of articles.
The RTO may place a participant in temporary nonuse when participant personnel are reported by the RTO or the owner as being under the influence of alcohol, drugs, as using abusive language, or engaging in abusive conduct.
Back to Contents of ITOS Section 8.
No owner or owner's designated representative shall have authority to make any agreement with the participant which shall diminish the rights or increase the obligations of the United States Government.
When packing, loading, unloading or unpacking during adverse weather conditions could create a potential hazard to the owner's household goods or personal effects, such services will be suspended until more favorable weather conditions exists, unless otherwise mutually agreed upon between the participant and the owner and authorized by the RTO in writing.
The owner is responsible for the removal or placement of property from or to attics, basements, and other locations, and to make property available to the participant where the location of property and goods to be shipped or delivered is (1) not accessible by a permanent stairway (does not include ladders of any type), (2) not adequately lighted, (3) does not have a flat continuous floor, and (4) does not allow a person to stand erect. Employees are not authorized to make the Government liable for the charges incident to the removal or placement of property from or to inaccessible locations.
For the purpose of inspection of the services provided pursuant to this ITOS and in the absence of authorized representative of GSA, the employing agency, or the RTO, the property owner is authorized to perform inspection of services in accordance with the provisions of this ITOS, the owner's report of inspection shall be administratively final.
The owner is authorized to establish a level of service or declared value in excess of that established by the Government for the performance of transportation services.
When authorized by the RTO, the owner of the property or his designated representative is authorized to file claims with the participant for loss of and/or damage to the property. Such authorization need not be in writing. (NOTE: Participants should note that it is common practice for owners to file claims directly with the participant. Owner filing of a claim is not grounds to refuse settlement.)
Unless otherwise established by the RTO, the owner of the property is authorized to and is responsible for establishing with the participant specific dates for the performance of the premove survey, packing, loading, and, if applicable, delivery from storage-in-transit.
The owner of the property is responsible for verification of the inventory listing and condition of items at the time of pickup.
The owner of the property is responsible for verification of the inventory listing and condition of the items at the time of delivery.
The owner of the property is responsible in conjunction with the participant for annotating loss and/or damage on the delivery documents.
The owner of the property is responsible for having appraised by a reputable company any highly valued and/or antique property. A copy of the appraisal may be furnished the participant prior to the move.
If required by the Federal agency and prior to packing, loading, and subsequent pickup by the participant, the owner of property is responsible for identifying and providing the participant with a listing of all items of extraordinary (unusual) value.
The owner of the property is responsible for the disassembly and reassembly of swing sets, other playground equipment, television and radio antennas, satellite dish antennas, storage sheds, and other similar articles. The draining and refilling of waterbeds is the responsibility of the owner.
Back to Contents of ITOS Section 8.
The responsibilities specified in ITOS Paragraphs 8.5.2 through 8.5.26, below, are in addition to all other requirements of this ITOS. To the extent that any specific responsibility pertains solely to a participant, that responsibility shall not be attributed to or expected of an agent. To the extent that any specific responsibility pertains solely to an agent, that responsibility shall not be attributed to or expected of a participant. To the extent that any responsibility may be considered as mutually shared by both participant and agent, that responsibility shall be attributed to and expected of both the participant and the agent it uses. In order not to prejudice the attribution of responsibility, the term "participant" shall be used through this ITOS Paragraph.
Each participant providing transportation of household goods subject to the provisions of the ITOS shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the participant or which are ratified by the participant.
Each participant providing transportation of household goods subject to the provisions of the ITOS shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminalservices) and to fulfill the obligations imposed upon them by this ITOS and by such participant.
The participant is responsible for refusing shipments offered for any route for which the participant has no accepted rate or for service areas outside its approved scope of operations.
The participant is responsible for determining the routing of shipments handled under this ITOS.
The participant may not route shipments through ports which historically become congested during peak shipping months with the resultant frustration of ITOS shipments.
Each participant engaged in the transportation of household goods subject to the provisions of this ITOS shall establish and maintain a procedure for receiving and responding to complaints and inquiries from the RTO and the owner of the household goods or his/her representative. The procedure shall include a means whereby the RTO and the property owner or his/her representative are aware of the telephone number by which they can communicate with the principal office of the participant. The participant shall retain and make part of the file relating to a shipment a written record of all complaints received in writing or by telephone from the RTO and the property owner or his/her representative.
To the extent applicable and not otherwise specifically provided herein, the participant is responsible for properly preparing and annotating the shipping, billing, and claims settlement (see ITOS Paragraph 8.5.10.2, Claims settlement documentation) documents.
The participant is responsible for distributing the shipping documents in accordance with the following.
Original GBL (SF1103 or SF1203), copy of estimate, copy of inventory, originals of DD Form 619 and 619-1, or comparable commercial forms, original weight and reweigh tickets.
The participant shall furnish the employee or the employee's agent (1) the consignee's memorandum copy of the shipping Federal agency GBL, SF1103B or SF1203B; (2) a legible copy of the completed Household Effects Descriptive Inventory; and (3) a completed and legible copy of DD Form 619, Statement of Accessorial Service Performed.
The participant shall furnish the employee or the employee's agent (1) a legible copy of the DD Form 619-1 if storage-in-transit, reweigh, or other accessorial services are performed en route or at destination; and, if required by the shipping Federal agency, (2) three copies of the DD Form 1840, Joint Statement of Loss or Damage at Delivery.
A legible copy of the reweigh tickets prepared by a certified weighmaster on a certified scale, if requested by the owner or his designated representative, or the RTO.
The employee or employee's agent will not under any circumstances be asked to sign a blank or partially completed DD Form 619, DD Form 619-1, or any other form, except for the "Unit Price" and "Charge" columns which may be incomplete.
One memorandum copy of the Government Bill of Lading (SF1103A or SF1203A, as appropriate) annotated with the gross, tare, and net weights and charges, including ITGBL charges, to date. For containerized shipments, the participant will also indicate the total number of containers and the gross cube of the shipment.
A DD Form 619 itemizing accessorial services performed will be prepared by the participant's representative and the employee or his/her agent when such services are required and separately charged. Each household appliance serviced will be identified to show the make, model or name of the manufacturer. All entries for appliance servicing by a third party will be supported by an invoice stating the type of service performed. No accessorial services will be billed when such services are included in single factor rates.
One legible copy of the household effects descriptive inventory, together with a copy of the "bingo cards" which identify the contents of each liftvan or overflow container by inventory line item number.
One legible copy of the weight tickets signed by the person performing the weighing which must contain the information required by the ICC. If the shipments is to be delivered prior to the submission of the aforementioned documents, the RTO will be advised of the weight of the shipment by telephone and confirmed by hard copy or facsimile or expedited delivery.
A legible copy of the reweigh tickets prepared by a certified weighmaster on a certified scale, if requested by the owner or his designated representative, or the RTO.
If required by the Federal agency, the participant will furnish the responsible Federal agency official at destination with a copy of the DD Form 1840.
A legible copy of the reweigh tickets prepared by a certified weighmaster on a certified scale, if requested by the RTO.
Because of the incompatibility of a ITOS requirement with the circumstances prevailing on a given shipment, a participant may request from the RTO at any time but prior to performance a waiver of a requirement or approval to provide a special service. If requested verbally, the request must be confirmed in writing. See ITOS Paragraph 5.5.
The participant must furnish to the property owner all reasonable and necessary assistance in the preparation and filing of claims. Included in such assistance are inspections of the damaged property, if requested, completion of claim forms, and obtaining estimated repair costs at no cost to property owner.
In those instances when a claim is denied in full or compromised in part, the participant shall, as part of the claims settlement transmittal to the claimant include a written item-by-item analysis of the denial or compromise. Such analysis must be sufficient to establish the reasons and method for denial or compromise. For example, a settlement based on depreciation must include an explanation of how the depreciation was determined. The use of such phrases as "pre-existing damage," "depreciation allowance," or "other" is unacceptable.
In the event the PMO proposes to revoke the approval of a participant to participate in this Program, the participant has the right to appeal such proposal in accordance with the provisions of Title 41 Code of Federal Regulations Part 101-40.408.3; provided, however, that any reference to temporary nonuse in said regulation shall be construed as meaning revocation of approval.
In the event the Government proposes to place a participant in temporary nonuse, suspension, or debarment, the participant has the right to appeal such proposal in accordance with the provisions of Title 41 Code of Federal Regulations Part 101-40.4.
In the event a participant disputes corrective actions required as a result of an on-site review in accordance with ITOS Paragraph 6.1.1.3, the participant has the right to appeal such corrective actions in accordance with the provisions ofTitle 41 Code of Federal Regulations Part 101-40.408.3; provided, however, that any reference to temporary nonuse in said regulation shall be construed as meaning corrective actions.
In the event a participant disputes performance information provided in accordance with ITOS Paragraph 9.11.1, the participant has a right of appeal for a period of thirty (30) calendar days from the date of report issuance during which the participant may submit in person, in writing, or through a representative, rebuttal information and arguments opposing the performance information; provided, that the date of report issuance is deemed to be the GSA date stamp on the report.
In the event the participant disagrees with an initial decision of the RTO and cannot make a satisfactory resolution regarding equitable adjustment for incomplete or non-performance of services and/or participant liability for loss and/or damage, the participant is responsible for submitting such disagreement to the Program Manager for a final decision. The participant's submission shall contain at a minimum: (a) name and address of the agency and RTO issuing the initial decision; (b) copy of the initial decision; (c) copy of the GBL; (d) copy of all documents related to the dispute; and (e) copy of all documents supporting the participant's position.
Equipment shall be in good operating condition and the interior of vans, trailers, and containers shall be clean and contain a sufficient quantity of clean pads, covers, and other protective equipment to ensure safe transit of the household goods.
Participants must maintain equipment, facilities, operations, and personnel adequate and capable of performing the services required by this ITOS and ordered by the Federal ordering office.
The participant shall maintain for each shipment handled pursuant to this ITOS copies of the Public Voucher for Transportation Charges, SF1113, and all supporting documents. The participant shall also maintain all relevant notes, worksheets, and other documents necessary for reconstructing or understanding the shipment and its handling.
The participant may use microfilm (e.g., film chips, jackets, aperture cards, microprints, roll film, and microfiche) or electronic means for record keeping, subject to such limitations as are determined by the Program Manger.
The participant shall: (a) maintain an effective indexing system to permit timely and convenient access by the Government to the records and (b) have adequate viewing equipment, if microfilmed or stored electronically, and provide printouts of the approximate size of the original material.
The microfilm when displayed on a microfilm reader (viewer) or reproduced on paper must exhibit an high degree of legibility.
The quality of the participant's record microfilming or electronic storage processes are subject to periodic review by the Program Manager or authorized representative.
Participants will use only trained personnel qualified in their assigned duties in packing and handling of personal property. When any the participant's personnel appears to be under the influence of alcohol or drugs or uses abusive language, the participant will immediately replace same on the job with qualified personnel, when requested by the shipping Federal agency employee or the shipping Federal agency. The participant will not use parolees, convicts or prison labor in the packing or movement of personal effects belonging to employees of the shipping Federal agency. Trained personnel does not include pickup, casual, or truck stop labor. Those employees who perform services at the property owner's residence shall be neat in appearance and in proper uniform which identifies them as employees of the participant or its agent. They shall be neat and in proper uniform identifying them as employees of the participant and have in their possession valid identification.
An ID which has a current photo, name, their social security number, and their signature, such ID consisting of either a valid driver's license or a nondrivers photo ID issued by the appropriate jurisdiction's Department of Motor Vehicles (or equivalent).
A photo ID showing the participant name and/or logo, employee name, address, social security number, employment date, and employee signature or a similar ID format from an outside firm specializing in such ID.
For overseas posts, those individuals who perform services at the property owner's residence, must have in their possession, a participant issued photo identification card which identifies the individual as an employee of the participant.
Unacceptable forms of ID include expired driver's license, defaced or illegible photo ID's, photo copies, or other forms of ID.
Upon temporary nonuse, suspension, or debarment of a participant, the participant is required to complete performance of service for any shipments in process, or have the services completed by another participant, whereupon the nonuse, suspended, or debarred participant shall reimburse GSA or the appropriate civilian executive agency for all additional expenses incurred in completing the shipments. Nothing in the ITOS shall be construed as creating or permitting the creation of a lien or other possessory right by the participant against GSA or the appropriate civilian agency with respect to property which comes into custody or possession of the participant or its agent.
This Subparagraph reserved for future use.
In the event the shipping Federal agency requires the use of DD Forms 1840 and 1840R, the participant will trace all missing items annotated on DD Form 1840 and/or DD From 1840R immediately and respond to the RTO in writing within 30 working days of notification of loss.
The participant shall retain a written record of all requests for shipment tracing when provided in accordance with ITOS Paragraph 5.19.4 of this ITOS. The record shall include the date of the requests, time received, name of the requestor, and the date and time status provided.
The carrier will use the carrier's agent facility located nearest the origin or destination city or installation shown in the "Consignee Block" of the GBL, as appropriate.
The participant will establish and maintain within its company an effective corporate quality control system which will provide total visibility of all facets of the CHAMP-I and ensures that the Federal civilian, non-DoD, agencies are furnished service equal to or greater than the standards of service established by this ITOS. This system will include, but not be limited to, specific subsystems for the functions of traffic management (routing, tracing, and billing), packaging, employee training and supervision and agent supervision. Upon request to the designated official of the participant during normal business hours, the participant will provide the PMO and any requesting Federal agency written detailed descriptions and Standard Operating Procedures for its quality control system. Also, published Corporate Participant Quality Control Programs will be presented and explained to authorized inspectors when the participant's facilities are inspected.
Claims for additional transportation or additional accessorial charges over and above those originally assessed by the participant and paid for by the Government will be presented to the shipping Federal agency. The claims will contain a full explanation as to the reasons why they are being presented and state specifically the amount claimed thereon.
All shipments tendered to the participant will be moved under its responsibility from origin to destination, including, when appropriate, the use of Government designated origin and destination agents.
As part of the participant's through responsibility, the participant understands that if, through its fault or that of its agent, the participant ships all or a portion of the wrong property or all or a portion of a shipment is sent to the wrong destination, the participant will be responsible for the return of the erroneous shipment and movement by an expedited method, including air transportation, of the correct property to the employee's destination at its expense. The participant will coordinate the method of movement with the shipping Federal agency origin and destination RTO's prior to shipment.
The participant will not be liable for movement cost for shipments released in error by the shipping Federal agency or by the property owner or owner's agent.
The facilities of CONUS and overseas ocean port agents must meet national/host country standards and codes with respect to fire safety, prevention and protection requirements; storage of combustible materials; and are used in accordance with generally accepted warehousing practices.
Except for assignment of payment of the participant's original bills to a bank for collection, the participant will not subrogate its rights and/or interest in the bills for service rates and charges on which such charges are based or any subsequent claims thereon to third parties. The participant will always retain the right and authority either to claim or not to claim or to cancel claims or services to the shipping Federal Agency which it furnished and/or billed for. The participant will not exercise any right under an currently existing agreement nor will it enter into agreements with parties not subject to its control which in any way infringe, controvert, or otherwise subordinate or prevent it from deciding unilaterally whether it will or will not submit a claim or file suit against the Government or pay a claim by the Government after the original bill for services performed under this ITOS.
In the case of port agents, all shipping Federal agency HHE shipments must be identified on the ocean bills of lading/manifests as personal property shipments of the shipping, sponsoring Federal agency and subject to release to the shipping Federal agency upon demand.
Notwithstanding that agents are specifically designated for use in this program and that a carrier must use an Federally designated agent, the choice of that agent is the carrier's and the requirements set out in this ITOS Paragraph apply to the relationship between the carrier and its chosen agent.
The participant understands that it must have a resident agent in each country for which it submits rates.
Except in those instances where the shipping Federal agency has not designated a servicing agent, the participant may not use as an agent any firm that that has not been designated by a shipping Federal agency as an origin or destination agent for the localities for which it submits rates.
The use of general agents will be allowed.
The agent's office will be manned at all times during normal working hours with personnel authorized to bookshipments or otherwise perform services for the participant. One employee with such authority is required for one to three participants represented. One additional employee with such authority is required when more that three participants are represented. A total of two administrative personnel are required to represent four or more participants.
The participant will contractually bind its agents with a formal written document (and, as necessary, official translation into English) concerning terms and requirements of this ITOS and will provide specific instructions for implementing them prior to the effective date of any accepted rates.
Participants agree to include the following stipulation in their contracts, agreement, and/or order with underlying participants/agents.
"By acceptance of this contract/agreement/order/reimbursement schedule. I recognize that property being transported hereunder is United States Government sponsored personal property and, as such, will not be detained by my firm under any circumstances. Further, I guarantee representatives of the US Government free access to any facilities, including those of my agents, during normal working hours for their lawful purpose of inspecting and removing participant containers in which United States Government sponsored personal property is shipped."
Agents refusing to consummate agreements/contract which contain this clause will not be used by participants.
From the list of approved agents, a newly approved carrier must designate those agents which it will use in the service areas for which it is approved.
Upon request from any RTO shipping pursuant to the terms of this ITOS, the participant will furnish a list of its designated agents.
If the participant finds it necessary to change agents, it will immediately advise the PMO. If the new agent's facility is not currently approved, the participant understands that a shipping Federal agency representative will inspect the facility and make appropriate recommendation to the PMO.
In the event an agency agreement is terminated by the carrier, the participant must make immediate interim arrangements to provide necessary destination services on a temporary basis with another approved agent located in the service area.
In the event an agent's approval is terminated by the PMO or an agent is placed in temporary nonuse by a shipping Federal agency, the participant must make immediate interim arrangements to provide necessary destination services on a temporary basis with another approved agent located in the service area.
In the event that an agent voluntarily withdraws from the program or terminates its agency agreement with a carrier, the participant must make immediate interim arrangements to provide necessary destination services on a temporary basis with another approved agent located in the service area.
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Disputes arising out of any action, undercharge claim, or overcharge claim by the Government against the participant, not otherwise settled to the satisfaction of either party, will be made the subject of a discussion between the above stated parties within sixty (60) days after either party makes such a request. The purpose of such discussion is to permit the parties to reach an amicable settlement of the dispute without either party having to resort to litigation, and if possible, to resolve the matter for the future. The failure of the parties to reach an agreement or eliminate the dispute under the above procedure will in no way preclude either party from subsequently exercising the legal and administrative remedies otherwise available to it, providing that no suit filed by the participant will be prosecuted to trial before exhaustion of the administrative remedies described above.
Back to Contents of ITOS Section 8.