Defense Federal Acquisition Regulation Supplement: Appendix F-Energy Receiving Reports (DFARS Case 2014-D024), 73539-73541 [2014-28818]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Proposed Rules]
[Pages 73539-73541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28818]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Chapter 2

RIN 0750-AI46


Defense Federal Acquisition Regulation Supplement: Appendix F--
Energy Receiving Reports (DFARS Case 2014-D024)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to identify the electronic Wide Area 
WorkFlow Energy Receiving Report as the equivalent of the paper forms 
for the Material Inspection and Receiving Report, for overland 
shipments, and the Material Inspection And Receiving Report, Tanker/
Barge, for waterborne shipments.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before February 9, 2015, to be considered 
in the formation of a final rule.

[[Page 73540]]


ADDRESSES: Submit comments identified by DFARS Case 2014-D024, using 
any of the following methods:
    [cir] Regulations.gov: https://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2014-D024'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2014-D024.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2014-D024'' on your attached document.
    [cir] Email: osd.dfars@mail.mil. Include DFARS Case 2014-D024 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Jennifer Hawes, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense 
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to amend Appendix F of the DFARS to identify the 
Wide Area WorkFlow (WAWF) Energy Receiving Report as the electronic 
equivalent of the paper DD Form 250, Material Inspection and Receiving 
Report, for overland shipments and the DD Form 250-1, Material 
Inspection And Receiving Report, Tanker/Barge, for waterborne 
shipments. DFARS 232.7002, Policy, requires contractors to submit 
receiving reports in electronic form. DFARS 232.7003, Procedures, 
identifies the accepted electronic form for receiving reports as WAWF. 
In addition, the clause at DFARS 252.232-7003, Electronic Submission of 
Payment Requests and Receiving Reports, notifies contractors of the 
requirement to submit receiving reports using WAWF in nearly all cases.

II. Discussion

    This proposed rule makes the following amendments to Appendix F:
     F-101(a) is amended to clarify that the WAWF Energy 
Receiving Report is the electronic equivalent of the paper DD Form 250 
for overland shipments and the DD Form 250-1 for waterborne shipments.
     F-101(b) is amended to clarify that use of DD Form 250 
``series documents'' is on an exception basis and that the exceptions 
to WAWF are located at DFARS 232.7002(a) instead of 232.7003(a).
     The titles of subsections F-103(d) and F-104(b) of 
Appendix F, on the use and application of the DD Form 250-1, are 
amended to include the WAWF Energy Receiving Report.
     The title of F-301 is amended to include WAWF Energy 
Receiving Reports.
     F-301(b)(13) is amended to clarify that the three-
character project code must be entered in the MARK FOR/CODE block of 
the receiving report, when the project code is provided in the 
contract.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    DoD does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the proposed rule merely identifies the Wide Area WorkFlow 
(WAWF) Energy Receiving Report as the electronic equivalent to the DD 
Form 250 for overland shipments and the DD Form 250-1 for waterborne 
shipments. However, an initial regulatory flexibility analysis has been 
performed and is summarized as follows:
    DFARS 232.7002, Policy, requires contractors to submit payment and 
receiving reports in electronic form, and DFARS 232.7003, Procedures, 
identifies WAWF as the accepted electronic form. In addition, the 
clause at DFARS 252.232-7003, Electronic Submission of Payment Requests 
and Receiving Reports, requires payment requests and receiving reports 
using WAWF in nearly all cases. This rule proposes to amend Appendix F 
to identify the WAWF Energy Receiving Report as the electronic 
equivalent to the DD Form 250 for overland shipments and the DD Form 
250-1 for waterborne shipments.
    The proposed rule should have minimal impact on DoD contractors who 
are not exempt from using WAWF. Exempt classes of contracts are those 
that are listed under the seven categories of contracts at DFARS 
232.7002, Policy. The exact number of small entities affected is 
unknown. The impact of the rule, however, is expected to be a positive 
one by permitting online electronic submission of WAWF Energy Receiving 
Reports in lieu of completing and submitting paper versions of the DD 
Forms 250 and 250-1.
    The projected recordkeeping is limited to that required to properly 
record shipping and receiving information under Government contracts. 
Preparation of these records requires clerical and analytical skills to 
create the documents and input them into the electronic WAWF system.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. There are no known significant alternative approaches to 
the rule that would meet the requirements of the statute.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2014-D024), in 
correspondence.

V. Paperwork Reduction Act

    The rule contains information collection requirements that require 
the approval of the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C chapter 35). However, these changes to the 
DFARS do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 0704-
0248,

[[Page 73541]]

entitled Material Inspection and Receiving Report.

List of Subjects in 48 CFR Appendix F to Chapter 2

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR chapter 2, subchapter I, is proposed to be 
amended in appendix F as follows:

0
1. The authority citation for appendix F to chapter 2 continues to read 
as follows:


    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. Amend appendix F to chapter 2:
0
a. In part 1, section F-101 by--
0
i. Revising paragraph (a); and
0
ii. Removing from paragraph (b) ``DD Form 250 is'' and adding ``DD Form 
250 series documents are'' in its place; and removing ``(see DFARS 
232.7003(a))'' and adding ``(see DFARS 232.7002(a))'' in its place.
0
b. In part 1, section F-103, amend paragraph (d) introductory text by 
removing ``Use the DD Form 250-1'' and adding ``Use the WAWF Energy RR 
or the DD Form 250-1'' in its place;
0
c. In part 1, section F-104, amend paragraph (b) introductory text by 
removing ``DD Form 250-1'' and adding ``WAWF Energy RR or the DD Form 
250-1'' in its place;
0
d. Revise the part 3 heading; and
0
e. In part 3, section F-301, revise paragraph (b)(13).
    The revisions read as follows:

Appendix F to Chapter 2--Material Inspection and Receiving Report

Part 1--Introduction

F-101 General.

    (a) This appendix contains procedures and instructions for the 
use, preparation, and distribution of the Wide Area WorkFlow (WAWF) 
Receiving Report (RR), the WAWF Energy RR, and commercial shipping/
packing lists used to document Government contract quality 
assurance. The WAWF RR is the electronic equivalent of the DD Form 
250, Material Inspection and Receiving Report (MIRR). The WAWF 
Energy RR is the electronic equivalent of the DD Form 250 for over-
land shipments and DD Form 250-1, Tanker/Barge Material Inspection 
and Receiving Report, for waterborne shipments.
* * * * *

Part 3--Preparation of the Wide Area Workflow (WAWF) Receiving Report 
(RR) and Energy RR

F-301--Preparation instructions.

* * * * *
    (b) * * *
    (13) MARKED FOR/CODE. Enter the code from the contract or 
shipping instructions. Only valid DoDAACs, MAPACs, or CAGE codes can 
be entered. Vendors should use the WAWF ``Mark for Rep'' and ``Mark 
for Secondary'' fields for textual marking information specified in 
the contract. Enter the three-character project code when provided 
in the contract or shipping instructions.
* * * * *
[FR Doc. 2014-28818 Filed 12-10-14; 8:45 am]
BILLING CODE 5001-06-P