Part 5, Chapter 8: Manual Exhibit C

Memorandum for Tribal Leaders

NOTE:  This exhibit is not an exact replica of the original Government Services Administration (GSA) document.
Errors that exist in the original document have not been corrected.

General Services Administration
Federal Supply Service
Washington, DC 20406

DECEMBER 19,1995

As the Director of the Transportation Management Division, I would like to thank you for your decision to participate in the General Services Administration (GSA) discount airfare and charge memoranda and phone conversation with tribal representatives.  Enclosed are attachments to resolve and address questions relative to the matters:

data required from tribal organizations to participate in the airline program (Attachment 1)

application for usage of GSA contract discounted airfares (Attachment 2)

participation as a mandatory user of the airline program and non-mandatory user of the travel charge program (Attachment 3)

signing limited waivers of sovereign immunity with respect to the Government (Attachment 4)

electing to sign a limited waiver of sovereign immunity with respect to American Express (Attachment 5)

alternatives to signing a limited waiver of sovereign immunity to American Express (Attachment 6)

Tribal organizations should, if they have not already, establish controls to ensure that employees use the discount fares only when carrying out a contract, grant or cooperative agreement in accordance with the limitations set forth in 25 U.S.C 450j(k) added by section 102 (13) of Public Law 103-413.  In addition, tribal organizations should also ensure that all air travel under contract, grant or cooperative agreement will be on the contract carrier unless a valid exception applies (See Attachment 3).  If the exceptions are not adhered to, a possible breach of contract could occur resulting in damages to be paid by your tribal organization.  We have provided, for your information, a copy of the Government's form (GSA Form 87) (Attachment 7) for authorizing official travel.  Your tribal organization may wish to institute a similar procedure (although an alternative procedure is also acceptable) to control the authorization and use of GSA contract air fares.

The tribes will be able to take advantage of the GSA contract discounted airfares after GSA' s receipt of the requested documentation, submission of pertinent documentation to American Express, and establishment of centrally-billed accounts.  Please bear mind that American Express can reject the delivery order of a tribal organization (as well as any other non-mandatory user) of American Express' contract.

We appreciate your patience with us in working through this implementation process. Should you have any questions concerning the directions outlined in this package, please contact Garlette Jordan or Barney Brasseux of my staff on (703) 305-5745.

Attachments

---

ATTACHMENT 1

DSA AIRLINE AND TRAVEL CHARGE ACCOUNT PROGRAMS
ADDITIONAL INFORMATION REQUIRED

PLEASE SUBMIT THE ITEMS MARKED BELOW SO THAT WE MAY COMPLETE PROCESSING OF YOUR REQUEST TO PARTICIPATE IN THE AFORMENTIONED PROGRAMS

SUBMIT REQUESTED DATA USING ONE OF THE FOLLOWING ADDRESSED:

---

ATTACHMENT 2

THE GENERAL SERVICES ADMINSTRATION'S
DISOUNT AIRLINE AND TRAVEL CHARGE ACCOUNT PROGRAMS

APPLICATION FOR USAGE

WELCOME TO GSA'S TRAVEL SERVICE PROGRAMS

The General Services Administration (GSA) uses competitive procedures to award contracts for airline and travel charge account services.  Federal employees are authorized to utilize this service in amendments of 1194 (also known as Public-Law 103-413) deems tribal entities access to these services as an executive agency when carrying out government contracts, grants or cooperative agreements established with the Indian Health Service and Bureau of Indian Affairs under the Act.

The parties to these travel contracts pay contractors directly.  GSA, however, as the contraction party is ultimately liable to the contractor for any breaches of contract.  The contracts are covered by the Contract Disputes Act of 1978.  The Act provides that disputes between GSA and the contractor (including disputes regarding the service provided under the contracts) may be heard by either the U.S. Court of Federal Claims (COFC), or the Board of Contract Appeals (BCA).  Failure to abide by the terms and conditions of these travel-related service contracts (such as not paying the contractor) may be grounds for GSA to withdraw permission to use these contracts.

TERMS AND CONDITIONS OF APPLICATION

1) That GSA has complete authority to settle disputes arising relative to services requested by applicant against these contracts, and to charge back to applicant the costs of settling these disputes.  This charge back applies whether the costs were incurred through informal settlement or by formal judgment rendered by the COFC and the BCA.  Costs may include costs of litigation (transcripts, filling fees, etc.) attorney fees paid by the Federal Government under 5 U.S.C. 759(1)(5)(C), and the administrative cost of conducting or supporting litigation or dispute resolution short of litigations;

and

2) To pay all costs charged back to applicant by GSA; and

3) That GSA may collect any debts incurred by applicant under the airline and travel charge account contracts by administrative offset for any other funds due from any entity of the Executive Branch of the U.S. Government.  This Administration offset shall follow the procedure set forth in 4 C.F.T.C. 102.3 (Collection by Administrative Offset - Federal Collection Standard); and

4) That GSA (acting by and through any attorney of the U.S. Department of Justice or any federal agency attorney who has been authorized to act as a special attorney of the U.S. Government) is expressly authorized by applicant to confess judgment (or execute where allowed by law a warrant of attorney) on behalf of the applicant for any debts incurred by applicant under the airline and travel charge account contracts in any court with jurisdiction to hear a collection action between GSA and applicant.

INSTRUCTIONS

Provide the information indicated below and provide an authorized signature:

Return this application to ne of the following addresses:

The person signing this application has the authority to agree to the terms and conditions of this application on behalf of the applicant.

Authorized Applicant Name (Print or Type)_________________________________________________

Title ________________________________________________________________________________

Signature of Authorized Representative____________________________________ Date___________

---

THE GENERAL SERVICES ADMINISTRATION'S DISCOUNT AIRLINE AND TRAVEL
CHARGE ACCOUNT PROGRAMS
UNDERSTANDING THE TERMS AND CONDITIONS

TERMS AND CONDITIONS OF AIRLINE PROGRAM

As a mandatory user of the airline program, the General Services Administration (GSA) will provide discounted contract fares to each of its tribal organization participant when traveling on business carrying out contracts, grants or cooperative agreements.  Upon the approval of GSA, tribal entities may utilize GSA discounted airfares when necessary in carrying out work with those contracts, grants r cooperative agreements with the Indian Health Service and Bureau of Indian Affairs.

PROMOTIONAL/RESTRICTED AND NONCONTRACT GOVERNMENT FARES

Government only and discount fares offered by noncontract carriers shall not be used as Justification to avoid use of the contract carrier except in accordance with procedures described under "Exceptions to the Use of Contract Carriers."  (See below)

However, when a contract carrier offers a fare lower than its contract fare, the lower should be obtained provided the travel can meet the requirements of the stated fare.

Travelers are advised that a limited number of instances, non-contract carriers may offer restricted of unrestricted coach fares to the general public which are lower than the Government contract fares.  In such cases, the lower fare(s) may be used based on an application of Exception 3.

1. Space or scheduled flight are not available in time to accomplish the purpose of travel of use of contract service would require the traveler to incur unnecessary overnight lodging cost which would increase the total of the trip; or
2. The contractor's flight schedule is inconsistent with explicit policies of Individual Federal departments and agencies, or other mandatory users, to schedule travel during normal working hours; or
3. A noncontract carrier offers a lower fare available to the general public, the user of which will result in a lower total trip cost to the Government, to include the combined costs of transportation, lodging, meals, and relaxed expenses.  NOTE:  THIS EXCEPTION DOES NOT APPLY IF THE CONTRACT CARRIER(S) OFFERS A COMPARABLE FARE AND HAS SEATS AVAILABLE AT THAT FARE, OR IF THE LOWER FARE OFFERED BY A NONCONTRACT CARRIER IS RESTRICTED TO GOVERNMENT AND MILITARY TRAVELERS ON OFFICIAL BUSINESS AND MAY ONLY BE PURCHASED WITH A GOVERNMENT TRAVEL REQUESTS OR A GOVERNMENT TRAVEL CHARGE ACCOUNT, EG, YDG, ODG, VDG, AND SIMILAR FARES.
4. Rail service is available and such service is cost effective and consistent with mission requirements.

BUSINESS CLASS FARES

the use of business class fares is nonmandatory for all discounted contract users.

TERMS AND CONDITIONS OF THE TRAVEL CHARGE ACCOUNT PROGRAM

Usage of the government's discount airfare requires establishment of centrally-billed accounts with the contractor for the travel and transportation payment and expense control system.  The current contractor is American Express.

Since tribal employees are not Federal employees, American Express will be setting up centrally-billed accounts for tribal organizations.  Tribal employees cannot be issued individual cord because they are not considered Government employees.  Centrally-billed accounts are established without preset spending limits and are used primarily for the purchase of transportation-related expenses (airline, train, and bus tickets).  Centrally-billed accounts are occasionally used to charge hotel arrangements.

American Express provides detailed billing statements on a monthly basis to the official identified on the delivery order (optional Form 347) unless instructed otherwise.  Under the terms of the contract, full payment is expected by the contractor, American Express, within 30 days of receipt of the monthly statement.  In accordance with the contract, payment to the contractor should be made by check or electronic transfer.

Payment under the American Express contract is due on the 30th calendar date the later of: (1) the date of actual receipt of a proper invoice of (2) the date the services are accepted.  The Prompt Payment Act is applicable to payments made under this contract and requires payment to American Express of interest on overdue payments and improperly taken discounts.  The interest due is accounts will be determined in accordance with the provision of the Prompt Payment Act and the Office of Management and Budget Circular A-125 (which will be provided upon request).

Tribal organizations that have elected to participate in the travel charge account program agree to be society liable for all authorized charges to the account(s) and provide that the Government shall not be liable for any charges made by the tribal entity, whether the charges authorized and unauthorized.

Disputed items should be documented and provided in writing directly to American Express for resolution.  American Express will note that the charges are in dispute in its billing system and will not request payment of the disputed items until final resolution of the disputed item(s).

By signing below, the tribal organization agrees to the terms and conditions of the GSA discounted airfare and travel charge account programs:

---

Attachment 4

LIMITED WAIVER OF SOVEREIGN IMMUNITY
(GOVERNMENT)

___________________________________________________________
PLEASE PRINT OR TYPE THEE NAME OF TRIBAL ORGANIZATION

Certifies that it has a current Self-Determination and Education Assistance Act contract, grant or cooperative agreement with the Department of Interior or the Department of Health and Human Services.  The organization hereby expressly waives its sovereign immunity and consent to be sued in a Tribal, State, or Federal court or administrative body of competent jurisdiction.  This waiver is limited to enforcement of the terms of the General Services Administration's Travel and Transportation Payment and Expense Control System (TTPECS) contract and airline contracts, including any claims relating to the contracts under the Contract Disputes Act.  In the event of an award of monetary damages, the Government may obtain satisfaction of any assets of the tribal organization (excluding real property and improvements by way of fixtures) for amounts due and owed the Government.

---

Attachment 5

LIMITED WAIVER OF SOVEREIGN IMMUNITY TO AMERICAN EXPRESS

Except as provided herein with respect to the American Express Contract, nothing contained herein shall be constructed to waive, limit, or modify the sovereign immunity of the --

__________________________________________________________________________
please type or print name of organization

or any of its agencies, entities, enterprises, or officials acting with the scope of their employment.

The tribal organization noted above expressly waives in a limited manner its immunity from suit and consents to be be sued in a State or Federal court of competent jurisdiction (subject matter, territorial and in person) provided that said waiver is specifically limited to enforcement of the terms of the American Express, American Express agrees that it has no authority through judicial proceedings or otherwise to execute against any assets if the aforementioned tribe accept to obtain satisfaction of judgment for amounts due and owed to American Express not including any real property or improvements thereon by way of fixtures.***  In no event shall damages exceed the full amount payable under this Agreement with American Express and shall not include consequential or incidental damages.

***ENTITIES THAT ELECT TO SIGN A WAIVER OF SOVEREIGN IMMUNITY WILL BE SUBJECT TO SUBMISSION OF A BOND IN THE AMOUNT OF ONE-HALF OF THE TRIBAL ORGANIZATIONS AVERAGE ANNUAL AIRFARES EXPENDITURES FOR A WEEK ASSOCIATE WITH ANY CONTRACTS, GRANTS, OR COOPERATIVE AGREEMENTS IF THE ENTITY DOES NOT HAVE ASSETS OTHER THAT REAL PROPERTY THAT CAN BE CLAIMED TO SATISFY ANY REASONABLY ANTICIPATED JUDGMENT AGAINST THEM.  THE BOND SHOULD BE MADE OUT TO AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. AND SENT DIRECTLY TO THE ATTENTION OF JOE ROGALLA, AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., 1635 NORTH FORT MYER DRIVE, SUITE 900, ARLINGTON, VA 22209.

---

Attachment 6

ALTERNATIVES TO SIGNING A LIMITED WAIVER
OF SOVEREIGN IMMUNITY FOR AMERICAN EXPRESS

INASMUCH AS MOST TRIBAL ENTITIES ARE CONSIDERED SOVEREIGN NATIONS, TRIBAL APPLICANTS ARE ASKED TO SELECT OPTIONS 1, 2, OR 3 OF A LIMITED WAIVER OF SOVEREIGN IMMUNITY TO AMERICAN EXPRESS (ATTACHMENT 5) IS NOT POSSIBLE.  THE OPTIONS ARE OUTLINED AS FOLLOWS:

IF YOU HAVE QUESTIONS CONCERNING THE METHODS OF GUARANTEEING PAYMENT, PLEASE CONTACT GARLETTE JORDAN OR BARNEY BRACES ON (703) 305-5745