GENERAL SERVICES ADMINISTRATION Washington, DC 20405 OAS P 5765.1 GSA ORDER SUBJECT: GSA Non-Federal Source (NFS) Travel Policy 1. Purpose. The purpose of this directive is to establish GSA internal policy and guidance for acceptance of payment for travel, subsistence, and related expenses from a Non-Federal Source (NFS) by GSA for employees on GSA s behalf to attend meetings and similar functions, relating to the official duties of the employee, while in an official travel status. 2. Background. a. 31 U.S.C. 1353, implemented in the Federal Travel Regulation (FTR) in Chapter 304 (41 C.F.R. Chapter 304), is the exclusive authority under which GSA may accept payment for travel expenses from a NFS for its employees to attend a meeting, conference or similar function. The payment is considered a gift to the agency and not to the employee. Travel that is required to carry out GSA s statutory and regulatory functions (e.g., investigations, inspections, audits, site visits) is specifically excluded. 3. Scope and applicability. a. This directive applies to all GSA organizations, programs, and personnel, including all Services, Staff Offices, and Regions. b. This directive supplements FTR Chapter 304. Supervisors, approval authorities and employees must still consult FTR Chapter 304 to ensure complete compliance with the regulations related to non-federal source benefits not specifically addressed in this supplement. c. As a part of ADM 5440.640A, Change in GSA Organization (Office of Administrative Services), paragraph 3(d), dated November 18, 2011, this directive reflects the transfer of responsibility for travel-related policies from the Office of the Chief Financial Officer (OCFO) to the Office of Administrative Services (OAS). Accordingly, in accordance with OAS P 1832.1, GSA Internal Directives, dated December 12, 2013, this directive also reflects: and (1) The change of the originator s organization prefix symbol from PFM to OAS;
(2) The change of the subject identification number of the directive from 4290 to 5765. 4. Cancellations. This directive cancels the Office of the Comptroller memorandum dated September 16, 1991 and the Office of the Chief Financial Officer memorandum dated December 2, 1991. 5. Explanation of changes. a. Requires advance review by OAS and the Office of General Counsel (OGC) prior to accepting NFS benefits and establishes that approval be obtained before creating a travel authorization and voucher. b. This directive revises the internal policy and guidance for acceptance of payment for travel expenses from a NFS by GSA and supersedes information contained in GSA Order PFM P 4290.1. Major changes include: (1) Ch. 1, par. 12a is revised to delete the memorandums referenced in the above cancellation paragraph and replace in its place with the revised policy set forth in par. 1 of this directive. (2) Ch. 1, par. 14b(7) is revised to delete the reference of Special Counsel for Ethics and Civil Rights or Deputy Standards of Conduct Counselors and replace it with the Office of General Counsel (OGC). 6. Responsibilities. OAS, Travel Policy & Charge Card Program Division issues this Policy and Procedure directive. 7. Signature. CYNTHIA A. METZLER Chief Administrative Services Officer Office of Administrative Services Date
TABLE OF CONTENTS 1. Policy... 1 2. Procedures... 3 3. Limitations/Restrictions... 5 Appendixes Appendix A. Sample Offeror Letter... A-1 Appendix B. Prescribed Format of a Request for Acceptance of Travel Benefits Memorandum... B-1 Appendix C. Sample Request for Acceptance of Travel Benefits Memorandum... C-1
GSA NON-FEDERAL SOURCE (NFS) TRAVEL POLICY 1. Policy. a. Acceptance of travel reimbursements from a non-government source. GSA may accept payment from a NFS for travel-related expenses only when the acceptance of payment has been approved by the Chief Administrative Services Officer and the General Counsel in advance of the scheduled travel. (1) Payments accepted under the authority 31 U.S.C. 1353, implemented in the FTR in Chapter 304 (41 C.F.R. Chapter 304), will only occur if the travel is in the interest of the Government and the travel relates to the employee s official duties. (2) Only in-kind payments will be accepted. A waiver may be granted by OAS on a case-by-case basis. The process for granting a waiver is prescribed by paragraph 2(d) below. (3) Payments will not be accepted from a NFS doing or seeking to do business with GSA, seeking official action from GSA or has interests that may be substantially affected by the performance or nonperformance of the employee s duties. Approving officials must be guided by this directive and all relevant considerations described in FTR 304-5.3. b. Advance approval of a request prior to acceptance of NFS travel expenses. Employees must upload and submit the documents described below in paragraph 1c, as attachments to the request through GSA s event tracker system (such as Salesforce). In addition, employees must also submit these documents via e-mail to the OGC Ethics Law Staff for an initial review. The request to accept NFS travel expenses must be submitted to both OAS and OGC at least 10 business days before a scheduled trip for approval. As a part of the advance approval process: (1) OAS will ensure that all travel expenses are consistent with travel regulations and internal policy, and (2) OGC will ensure that acceptance of the NFS benefit will not pose a conflict of interest and that GSA can legally accept the NFS benefit. c. Travel package. The travel package must consist of: (1) An offer letter from the NFS. A sample letter is at Appendix A. This letter does not need to be a formal letter or memorandum; an e-mail is acceptable so long as it contains the following: trip; (a) The name and address of the NFS (person or entity) offering to pay for the 1
(b) A name and phone number of a person at the NFS entity offering to pay for the travel; (c) The name of the event; (d) The date of the event; (e) The location of the event; (f) The name of the GSA employee who is invited to attend the event; (g) What the NFS entity offered to pay for (lodging, meals, airfare, etc). [If the actual costs, broken down day-by-day, are not included in the initial offer letter, those cost must be provided as a part of the confirmation statement from the NFS confirming and agreeing to pay, in-kind, these actual costs, as prescribed by paragraph 1(c)(2)(m) below]; and (2) A signed memorandum from the employee s supervisor. The prescribed format of the memorandum is at Appendix B and a sample completed memorandum is at Appendix C. This memorandum must detail: (a) Name of the GSA traveler; (b) Position of the GSA traveler; (c) Name of the event; (d) Sponsor(s) of the event; (e) Date of the event; (f) Location of the event; (g) Travel dates; (h) Purpose of the conference or other event and how it relates to the GSA employee s official duties. (i) Nature of the GSA employee s participation ( speaker, attendee, etc.); (j) Name of the NFS making the payment (who actually pays); (k) For each day, a detailed listing of what GSA will be paying for (lodging, meals, airfare, ground transportation, registration fee, etc.), and the cost of each item; 2
(l) For each day, a detailed listing of what the NFS will be paying for (lodging, meals, airfare, ground transportation, registration fee, etc.), the cost of each item, and a statement that all the items will be reimbursed in-kind; (m)a statement from the NFS that it confirms and agrees to pay the actual cost listed in paragraph 1(c)(2)(l) and provide each benefit in-kind; and (3) An agenda for the conference or similar event. 2. Procedures. a. Once OAS completes the review of the above travel package in the event tracker system, it will then forward it to OGC for its final review and determination as to whether the NFS travel expense can be legally accepted. When OGC completes its final review, the approved travel package will be sent to the employee. b. The employee will then complete a travel authorization in E-Gov Travel System (ETS) or GSA Form 87 if a travel advance is requested. The travel authorization must indicate: (1) Travel expenses that are being paid for in-kind by the NFS (e.g., lodging, meals, airfare, ground transportation, registration fee), and how much each will (or is expected to) cost. (2) Allowances that GSA is funding and the maximum daily rates authorized (e.g., meals and incidental expenses, lodging, airfare, ground transportation, registration fee). Only those costs that are expected to be reimbursed by GSA are reflected in the estimated cost to Government. (3) Travel advance. If the employee does not hold a Government travel charge card, specify any advance amount that is authorized. The travel advance is based only on those out-of-pocket expenses that are expected to be reimbursed by GSA. The authorized travel advance will not be processed in ETS. Paper forms will be required and the Financial and Payroll Services Division, Financial Operations and Disbursement Branch (BCEB) will process the travel manually, outside of ETS. (4) Justification and authorization of other than coach-class accommodations on the travel authorization and voucher. When the ticket is provided in-kind by a NFS, employees must still meet the criteria outlined in FTR 304-5.5. Payment in full by a NFS is a justification for flying business class, per FTR 301-10.123(b)(5). c. Approval of travel authorization. Once the steps (a) and (b) above are completed, the employee submits the NFS travel authorization to his/her authorizing official for approval. 3
d. Approval of a waiver. Heads of Services and Staff Offices or Regional Administrators shall submit a waiver request and justification to OAS for approval to accept payment by check. This request and justification can be in the form of an email. The request should specifically ask for a waiver to accept a check for reimbursement to GSA for hotel and meals related to the NFS travel request. The email should provide the details of the trip. (1) Reimbursement check. When a waiver to the in-kind requirement is granted, the employee should provide his/her travel authorization number to the NFS sponsor; inform the NFS to include that authorization number on the check (payable to GSA); and send the check to BCEB: GSA-BCEB Attn: Travel Section, Room 1011 1500 East Bannister Road Kansas City, MO 64131 Phone: (800) 676-3690, option 3 e. Vouchering. (1) The employee must only voucher for those travel expenses that are to be reimbursed by GSA as authorized on the travel authorization. (2) If additional payments in-kind are made by the NFS which were not included in the original offer letter or the statement from the offer that it will pay the expenses listed in paragraph 1(c)(2)(l) above, then within 7 business days after the employee s trip ends, the employee must request OAS authorization for acceptance by attaching a statement to the voucher listing the new expenses and forwarding a copy to OAS and OGC for review and after-the-fact acceptance approval. (3) Travel vouchers must be submitted to the employee s authorizing official for approval through ETS within 5 business days after completion of travel. (4) Travel reimbursements made by GSA are generally paid within 3 business days after final approval. f. Reporting. OGC, in coordination with OAS, shall be responsible for submitting the Semi-Annual Report of Payments Accepted from a NFS to the Office of Government Ethics, in accordance with FTR 304-6.4 and 304-6.5. OAS Travel Policy & Charge Card Program Division will forward copies of the travel vouchers and other required documents to OGC to facilitate the preparation of the semi-annual reports. 4
3. Limitations/Restrictions. a. Travel that is required to carry out GSA s statutory and regulatory functions (e.g., investigations, inspections, audits, site visits) is specifically excluded from this process as these functions do not meet the requirements of FTR 304-3.4. b. An employee may accept payment from more than one NFS for a single trip, so long as the total of such payments does not exceed the total cost of the trip. c. Payment (as defined in FTR 304-2.1) by check or similar instrument to GSA from a NFS for travel expenses is prohibited, except when a waiver to in-kind payment requirement is granted. 5
APPENDIX A Sample Offeror Letter ABC Publications 1234 Main Street Atlanta, GA xxxxx Mr. John Q. Employee: 1800 F Street, Ste xxx Washington, DC 20405 Dear Mike: XYZ LETTERHEAD On behalf of the ABC Publications, we are pleased that you will be able to participate in this year s ABC Publications Annual Contract Course on October 23 and 24, XXXX, at the Fulton County Conference Center in Atlanta, GA, as the keynote speaker on October 23, XXXX. As you will be speaking at the event, we would like to offer to pay your round-trip air fare from Washington, DC, to Atlanta, the ground transportation to and from the Atlanta Airport, your lodging expenses, the conference registration fee, and all of your meals. All of these items are being offered in-kind. If you have any questions, please call Ms. Joanna George at (xxx) xxx-xxxx. Sincerely, //signed Michelle Review Executive Director, ABC Publications A-1
APPENDIX B Prescribed Format of a Request for Acceptance of Travel Benefits Memorandum Date: MEMORANDUM FOR GENERAL COUNSEL (L) FROM: SUBJECT: First & Last Name of Supervisor Duty Title (Organization) Request of Acceptance of Payments for Travel Benefits from a Non- Federal Source -- Pursuant to 31 U.S.C. 1353 Name of Traveler: Position: Event: Sponsor(s) of Event: Date of Event: Location of Event: Travel Dates: Purpose of the conference or other event and how it relates to the GSA employee s official duties: Nature of the GSA Employee s Participation ( speaker, attendee, etc.): Name of the Non-Federal Source of Payment (who actually pays): Travel Expenses Provided: Estimated GSA Payment by Day: Lodging: Transportation (broken down by air, ground, etc.): Meals and Incidentals: Registration Fee: Other (please identify, e.g., mandatory resort fees, which are reimbursable; laundry; rental car if authorized; etc): B-1
Offered NFS Payment by Day: Lodging: Transportation (broken down by air, ground, etc.): Meals (by each meal): Registration Fee: Other (please identify): Attachment: Written NFS confirmation to reimburse, in-kind, the offered NFS benefit(s) listed above in the section Offered NFS Payments by Day. OGC Coordination: Concur Non-concur B-2
APPENDIX C Sample Request for Acceptance of Travel Benefits Memorandum October 1, XXXX MEMORANDUM FOR GENERAL COUNSEL (L) FROM: SUBJECT: MARY J. SUPERVISOR Supervising Contract Specialist (QAAA) Request of Acceptance of Payments for Travel Benefits from a Non- Federal Source -- Pursuant to 31 U.S.C. 1353 Name of Traveler: John Q. Employee Position: Contract Analyst Event: ABC Publications Annual Contract Course Sponsor(s) of Event: ABC Publications Date of Event: October 23-24, XXXX Location of Event: Charleston Hotel, Atlanta, GA Travel Dates: October 22-25, XXXX Purpose of the conference or other event and how it relates to the GSA employee s official duties: The conference is an annual survey of the law and provides training to contracting personnel on Government contracting. Mr. Employee is a Contract Analyst and an expert in protests involving Government contracts. Nature of the GSA Employee s Participation ( speaker, attendee, etc.): Speaker. Mr. Employee will be on a panel discussing contract appeals. Name of the Non-Federal Source of Payment (who actually pays): ABC Publications Travel Expenses Provided: Estimated GSA Payments by Day: Day 1: 10/22/XX Lodging: $0.00 Transportation (broken down by air, ground, etc.): $0.00 C-1
Meals and Incidentals: $13.00 (75% M&IE for travel day minus $29 M&IE amount for dinner provided by NFS) Registration Fee: $0.00 Day 2: Day 3: Lodging: $0.00 Transportation (broken down by air, ground, etc.): $0.00 Meals and Incidentals: $5.00 Lodging: $0.00 Transportation (broken down by air, ground, etc.): $0.00 Meals and Incidentals: $5.00 Day 4: Lodging: $0.00 Transportation (broken down by air, ground, etc.): $0.00 Meals and Incidentals: $33.00 (75% M&IE for travel day minus $9 M&IE amount for breakfast provided by NFS) Offered NFS Payments by Day: Day 1: 10/22/XX Lodging: $133.00 Transportation (broken down by air, ground, etc.): Roundtrip airfare: $365.00 Ground transportation cost to Regan National Airport: $10.00 Ground transportation cost at event location: $20.00 Meals (by each meal): Dinner: $50.00 Registration Fee: $200.00 Miscellaneous (please identify): None Day 2: Lodging: $133.00 Transportation (broken down by air, ground, etc.): Ground transportation cost at event location: $10.00 Meals (by each meal): Breakfast: $20.00 Lunch: $35.00 Dinner: $50.00 C-2
Day 3: Day 4: Lodging: $133.00 Transportation (broken down by air, ground, etc.): Ground transportation cost at event location: $10.00 Meals (by each meal): Breakfast: $20.00 Lunch: $35.00 Dinner: $50.00 Lodging: $0.00 Transportation (broken down by air, ground, etc.): Ground transportation cost at event location: $20.00 Ground transportation cost to Regan National Airport: $10.00 Meals (by each meal): Breakfast: $20.00 Attachment: Written NFS confirmation to reimburse, in-kind, the offered NFS benefit(s) listed above in the section Offered NFS Payments by Day. OGC Coordination: Concur Non-concur C-3