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B-203348.2 1 (1981-09-17)

handle is hein.gao/gaobabjbe0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE OWASHINGTON. D.C. 20548 OFFICE OF GENERAL COUNSEL B-203348.2 September 17, 1981 Do not make availabl to public readin., Mr. William J. Maraist . Assistant Administrator for Regulations Office of Federal Procurement Policy Office of Management and Budget Executive Office of the President Dear Mr. Maraist: You requested our comments on a draft segment of the Federal Acquisition Regulation (FAR) covering Part 47, Transportation, Subparts 47.1--General and 47.5--Ocean Transportation by U.S.-Flag Vessels. As presently written, the draft is unclear as to whether certain methods of acquiring transportation and related serv- ices are to be covered under the FAR. On the one hand, section 47.000(b) states that Part 47 of the FAR prescribes policies and procedures for acquiring transportation and transporta- tion-related services by contract methods other than bills of lading, transportation requests, transportation warrants and similar forms. This leads one to believe that those trans- portation procurement instruments will be exempt from FAR coverage. Yet, we find discussion of the application of and procedures for Government and commercial bills of lading in FAR Subpart 47.1, sections 47.103, 47.104-2, and 47.104-4. OFPP's intent is further clouded by reference to Code of Fed- eral Regulations (CFR) citations concerning bills of lading in sections 47.103 and 47.104-4. OFPP's intent must be more clearly stated in order to avoid confusion on this point. We fail to see the value of highlighting compliance with Cargo Preference in the last sentence of section 47.101(b)(1) while omitting Fly American and other requirements. We sug- gest that ':his sentence be deleted and the preceding sentence revised to say * * * in accordance with all applicable stat- utes, agency policies and regulations. 0

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