§10721. Government traffic — Inbound Citations

Code of Federal Regulations Citations

Cited by 13 regulations in the Code of Federal Regulations.

• 41 C.F.R. § 102-117.15(d) — Procurement options.

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  (d) In consultation with GSA, negotiate a rate tender under a Federal transportation procurement statute, 49 U.S.C. 10721 or 13712.

• 41 C.F.R. § 102-117.25(d) — Mandatory terms and conditions.

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  (d) To qualify for the rates specified in a rate tender filed under the provisions of the Federal transportation procurement statutes (49 U.S.C. 10721 or 13712), property must be shipped by or for the Government and the rate tender must indicate the Government is either the consignor or the consignee.

• 41 C.F.R. § 109-40.304 — Rate tenders to the Government.

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  Under the provisions of the Interstate Commerce Act (49 U.S.C. 10721), common carriers are permitted to submit to the Government tenders which contain rates lower than published tariff rates available to the general public. In addition, rates tenders may be applied to shipments other than those made by the Government provided the total benefits accrue to the Government; that is, provided the Government pays the charges or directly and completely reimburses the party that initially bears the freight charges (323 ICC 347 and 332 ICC 161).

• 48 C.F.R. § 46.314 — Transportation contracts.

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  The contracting officer shall insert the clause at 52.246-14, Inspection of Transportation, in solicitations and contracts for freight transportation services (including local drayage) by rail, motor (including bus), domestic freight forwarder, and domestic water carriers (including inland, coastwise, and intercoastal). The contracting officer shall not use the clause for the acquisition of transportation services by domestic or international air carriers or by international ocean carriers, or to freight services provided under bills of lading or to those negotiated for reduced rates under 49 U.S.C. 10721 or 13712. (See part 47, Transportation.)

• 48 C.F.R. § 47.000(a)(2) — Scope of subpart.

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  (2) Acquiring transportation or transportation-related services by contract methods other than bills of lading, transportation requests, transportation warrants, and similar transportation forms. Transportation and transportation services can be obtained by acquisition subject to the FAR or by acquisition under 49 U.S.C. 10721 or 49 U.S.C. 13712. Even though the FAR does not regulate the acquisition of transportation or transportation-related services when the bill of lading is the contract, this contract method is widely used and, therefore, relevant guidance on the use of the bill of lading is provided in this part (see 47.104).

• 48 C.F.R. § 47.001(2) — Definitions.

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  (2) is an accountable transportation document, authorized and prepared by a Government official.

  Carrier or commercial carrier means a common carrier or a contract carrier.

  Common carrier means a person holding itself out to the general public to provide transportation for compensation.

  Contract carrier means a person providing transportation for compensation under continuing agreements with one person or a limited number of persons.

  Government rate tender under 49 U.S.C. 10721 and 13712 means an offer by a common carrier to the United States at a rate below the regulated rate offered to the general public.

  Household goods in accordance with 49 U.S.C. 13102 means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects or property is arranged and paid for by—

• 48 C.F.R. § 47.104-1(a) — Government rate tender procedures.

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  (a) 49 U.S.C. 10721 and 13712 rates are published in Government rate tenders and apply to shipments moving for the account of the Government on—

  (1) Commercial bills of lading endorsed to show that total transportation charges are assignable to, and will be reimbursed by, the Government (see the clause at 52.247-1, Commercial Bill of Lading Notations); and

• 48 C.F.R. § 47.104-2(a) — Fixed-price contracts.

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  (a) 49 U.S.C. 10721 and 13712 rates do not apply to shipments under fixed-price f.o.b. destination contracts (delivered price).

• 48 C.F.R. § 47.104-3(a) — Cost-reimbursement contracts.

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  (a) 49 U.S.C. 10721 and 13712 rates may be applied to shipments other than those made by the Government if the total benefit accrues to the Government, i.e., the Government shall pay the charges or directly and completely reimburse the party that initially bears the freight charges. Therefore, 49 U.S.C. 10721 and 13712 rates may be used for shipments moving on commercial bills of lading in cost reimbursement contracts under which the transportation costs are direct and allowable costs under the cost principles of Part 31.

• 48 C.F.R. § 47.104-4(a) — Contract clause.

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  (a) In order to ensure the application of 49 U.S.C. 10721 and 13712 rates, where authorized (see 47.104(b)), insert the clause at 52.247-1, Commercial Bill of Lading Notations, in solicitations and contracts when the contracts will be—

  (1) Cost-reimbursement contracts, including those that may involve the movement of household goods (see 47.104-3(b)); or

  (2) Fixed-price f.o.b. origin contracts (other than contracts at or below the simplified acquisition threshold) (see 47.104-2(b) and 47.104-3).

• 48 C.F.R. § 47.104-5 — Citation of Government rate tenders.

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  When 49 U.S.C. 10721 and 13712 rates apply, transportation offices or contractors, as appropriate, shall identify the applicable Government rate tender by endorsement on bills of lading.

• 48 C.F.R. § 47.200(b)(3) — Scope of subpart.

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  (3) Household goods for which rates are negotiated under 49 U.S.C. 10721 and 13712. (These statutes do not apply in intrastate moves); or

• 48 C.F.R. § 52.246-14 — Inspection of Transportation.

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  As prescribed in 46.314, insert the following clause in solicitations and contracts for freight transportation services (including local drayage) by rail, motor (including bus), domestic freight forwarder, and domestic water carriers (including inland, coastwise, and intercoastal). The contracting officer shall not use the clause for the acquisition of transportation services by domestic or international air carriers or by international ocean carriers, or to freight services provided under bills of lading or to those negotiated for reduced rates under 49 U.S.C. 10721 or 13712. (See part 47, Transportation.)

Citations to 49 U.S.C. § 10721 as a whole

• 31 U.S.C. § 3726(d)(3)

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  (3) sections 10721, 13712, and 15504 of title 49 or an equivalent arrangement or an exemption.