Interpretation ID: nht90-4.55

TYPE: Interpretation-NHTSA

DATE: November 7, 1990

FROM: Lennard S. Loewentritt -- Deputy Associate General Counsel, Personal Property Division, General Services Administration, Office of General Counsel

TO: Paul Jackson Rice -- Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 2-26-91 from Paul Jackson Rice to Lennard S. Loewentritt (A37; Part 571.7(c))

TEXT:

We are in receipt of your August 23, 1990 letter regarding applicability of the exception in 49 CFR 571.7(c) to buses purchased by the General Services Administration's (GSA) use of Interagency Fleet Management System (IFMS) for the Sole the Armed Forces . The exception states that Federal motor vehicle safety standards do not apply to vehicles that are "manufactured for, and sold directly to, the Armed Forces of the United States, in conformity with contractual specifications." This exception has perm itted the Army to acquire vehicles designed to satisfy multi-use requirements, specifically buses equipped with seating designed for adults and painted in a color other than school bus yellow. This exception made it possible for the Army to utilize the buses for their primary mission of troop movement, and, as needed, for transporting military dependents to and from school.

In our letter to Mr. Felrice dated February 2, 1990, we requested a deviation for "vehicles or items procured by GSA's IFMS for use solely by the Army." We believe this language may have caused confusion concerning the IFMS's role in purchasing vehicles and may have led to the erroneous assumption that the IFMS acts as a purchasing agent for the Army. GSA plays two roles with respect to the purchase of vehicles. GSA's Automotive Center acts as a purchasing agent for agencies that wish to purchase veh icles through GSA. In addition, GSA purchases vehicles for its own fleet, the IFMS. These vehicles are assigned on an indefinite basis to agencies that have had their fleets consolidated into the IFMS. These agencies are charged a monthly fee for use o f the vehicles assigned the them. In 1985, the Army began a program to consolidate approximately 45,000 nontactical vehicles into the IFMS. The program is currently being completed and, as a result, the IFMS is now responsible for purchasing and leasin g vehicles for the use by the Army. The potential to consolidate the Air Force's fleet and to provide similar services also exists.

In the case at hand, the IFMS would be purchasing buses for indefinite assignment to and sole use by the Army for the purpose of transporting troops as well as transporting military dependents to and from school. In the remote event that any such bus we re reassigned to another agency, IFMS would require that it be used solely for the transport of adults. Although IFMS would not be acting as a purchasing agent, we still believe that a deviation is proper, and we request that NHTSA grant a deviation for buses procured by GSA IFMS and assigned for use by the Armed Forces, such vehicles to be manufactured in accordance with contractual specifications. GSA would use specifications for buses which reflect the requirements of the Federal Motor Vehicle Safet y Standards for buses

rather than school bus specifications.

We believe a deviation from the requirements in 49 CFR 571.7 to permit buses purchased by IFMS to be assigned solely to the Armed Forces would be appropriate. This deviation would allow the Army and any other consolidated military activities to continue to use the buses for the purpose of transporting adults as well as military dependents, without requiring them to purchase school buses specifically designed for this latter purpose. This deviation would not permit any transportation of children that i s not already permitted by the current exception in 49 CFR 571.7(c).

Pursuant to the additional information provided in this letter explaining that GSA, in this case, is not a purchasing agent for the Armed Forces, but rather provides motor vehicles to the Armed Forces under the authority of section 211 of the Federal Pro perty and Administrative Services Act of 1949, as amended (40 U.S.C. 491) which provides for fleet services for use by Executive agencies, including the Armed Forces, we request that NHTSA grant a deviation from 49 CFR 571.7 to permit procurement of and assignment by the IFMS of buses for use by the Armed Forces.

If we may provide any assistance or further information concerning this request, please contact me on 501-1156.