Federal Acquisition Regulation; Fast Payment Procedures, 40279-40280 [05-13617]
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Proposed Rules
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Congressional Review Act, see 5 U.S.C.
801(a)(1)(A) because the proposed rule
was dismissed.
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Assistant Chief, Audio Division, Media
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[FR Doc. 05–13738 Filed 7–12–05; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2004–031]
RIN 9000–AK24
Federal Acquisition Regulation; Fast
Payment Procedures
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR)
by revising fast payment procedures.
The proposed revision permits, but does
not require, fast payment when invoices
and/or outer shipping containers are not
marked ‘‘Fast Pay’’ provided the
contract includes the ‘‘Fast Payment
Procedure’’ clause. As highlighted in the
proposed clause, if the clause is in the
contract, the invoices will no longer be
rejected, as is the current practice.
Instead, they will be paid using either
fast payment or normal payment
procedures. In addition, the proposed
revision deletes the requirement for
marking invoices ‘‘No Receiving Report
Prepared.’’
DATES: Interested parties should submit
comments in writing on or before
VerDate jul<14>2003
15:35 Jul 12, 2005
Jkt 205001
September 12, 2005, to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by FAR case 2004–031 by any
of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow
the instructions for submitting
comments.
• Agency Web Site:
https://www.acqnet.gov/far/
ProposedRules/proposed.htm. Click on
the FAR case number to submit
comments.
• E-mail: farcase.2004–031@gsa.gov.
Include FAR case 2004–031 in the
subject line of the message.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR case 2004–031 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.acqnet.gov/far/ProposedRules/
proposed.htm, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT The
FAR Secretariat at (202) 501–4755 for
information pertaining to status or
publication schedules. For clarification
of content, contact Mr. Jeremy Olson, at
(202) 501–3221. Please cite FAR case
2004–031.
SUPPLEMENTARY INFORMATION:
A. Background
This FAR case was initiated at the
request of the DoD Acting Deputy Chief
Financial Officer (CFO), OUSD
(Comptroller), who believes FAR
52.213–1, Fast Payment Procedure,
should be revised to correct a deficiency
found during an internal review,
namely, that many invoices were not
prominently marked ‘‘FAST PAY.’’ The
CFO recommends that the FAR be
revised to:
• Address both hard copy invoices
and electronic invoices so that they may
be accepted by the payment office if the
‘‘fast payment’’ clause is annotated
manually or electronically in the
contract record; and
• Delete the requirement for marking
invoices ‘‘NO RECEIVING REPORT
PREPARED.’’
Requirement to mark invoices and
outer shipping containers ‘‘Fast Pay.’’
The current requirement to display
‘‘Fast Pay’’ prominently on the invoices
and outer shipping containers causes
payment problems. This requirement
forces payment offices to reject invoices
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
40279
when the invoices and/or the outer
shipping containers are not marked
‘‘Fast Pay,’’ even though the contract
contains the fast payment clause. The
Councils believe that the FAR should be
revised to provide the payment office
flexibility to make fast payments when
invoices and/or outer shipping
containers are not marked ‘‘Fast Pay.’’
The proposed language permits, but
does not require, fast payment when
invoices and/or outer shipping
containers are not marked ‘‘Fast Pay’’
provided the contract includes the ‘‘Fast
Payment Procedure’’ clause. Under the
proposed language, when the payment
office decides to not process invoices as
‘‘Fast Pay’’ because the proper markings
were not present, the payment date will
be the payment date that would have
applied had the ‘‘Fast Pay Procedures’’
clause not been in the contract. In this
manner, an unmarked invoice will not
be rejected. It is important to note that
this change does not eliminate the
requirement for the contractor to
annotate an invoice ‘‘Fast Pay;’’ the
contractor remains at risk that fast
payment procedures will not be applied
unless the invoice is annotated
accordingly.
Requirement to include the statement
‘‘No Receiving Report Prepared.’’ The
current requirement to mark invoices
‘‘No Receiving Report Prepared’’ also
causes payment problems as discussed
above. In addition, the marking is
misleading. A receiving report may be
prepared for the contract, but if so,
under fast pay procedures it is normally
still in processing channels when the
invoice arrives at the payment office.
However, if a receiving report is not
prepared, it is still imperative that the
invoice includes sufficient information
to facilitate follow-up verification that
the item was received. The current FAR
and the proposed revision both include
a requirement for such information on
the invoice. The difference is simply
that the proposed revision does not
require the statement ‘‘No Receiving
Report Prepared’’ on the invoice.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Councils do 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 it will
have a beneficial, but small, impact.
E:\FR\FM\13JYP1.SGM
13JYP1
40280
Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Proposed Rules
Small businesses which fail to follow
the fast payment clause instructions to
mark the invoice ‘‘FAST PAY’’, will
have their invoices rejected, which
means they would not be paid until they
send in a corrected invoice. The clause
revisions mean the invoices would not
have to be automatically rejected. An
Initial Regulatory Flexibility Analysis
has, therefore, not been performed. We
invite comments from small businesses
and other interested parties. The
Councils will consider comments from
small entities concerning the affected
FAR Part 52 in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 601, et seq. (FAR case 2004–031),
in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: July 5, 2005.
Gerald Zaffos,
Deputy Director, Contract Policy Division.
(3) If this contract, order, or blanket
purchase agreement requires the
preparation of a receiving report, the
Contractor shall either—
(i) Submit the receiving report on the
prescribed form with the invoice; or
(ii) Include the following information
on the invoice:
(A) Shipment number.
(B) Mode of shipment.
(C) At line item level—
(1) National stock number and/or
manufacturer’s part number;
(2) Unit of measure;
(3) Ship-To Point;
(4) Mark-For Point, if in the contract;
and
(5) FEDSTRIP/MILSTRIP document
number, if in the contract.
*
*
*
*
*
(e) Fast pay container identification.
The Contractor shall mark all outer
shipping containers ‘‘FAST PAY.’’
When outer shipping containers are not
marked ‘‘Fast Pay,’’ the payment office
may make fast payment. If the payment
office declines to make fast payment,
the Contractor shall be paid in
accordance with procedures applicable
to invoices to which the Fast Payment
clause does not apply.
(End of clause)
[FR Doc. 05–13617 Filed 7–12–05; 8:45 am]
BILLING CODE 6820–EP–S
Therefore, DoD, GSA, and NASA
propose amending 48 CFR part 52 as set
forth below:
DEPARTMENT OF TRANSPORTATION
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
National Highway Traffic Safety
Administration
1. The authority citation for 48 CFR
part 52 is revised to read as follows:
49 CFR Part 571
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
[Docket No. NHTSA–2005–21244]
RIN 2127–AJ59
2. Amend section 52.213–1 by
revising the date of the clause and
paragraphs (c)(1)(ii), (c)(3), and (e) to
read as follows:
52.213–1
*
Fast Payment Procedure.
*
*
*
*
FAST PAYMENT PROCEDURE (DATE)
*
*
*
*
*
(c) * * *
(1) * * *
(ii) Display prominently on the
invoice ‘‘FAST PAY.’’ Invoices not
prominently marked ‘‘Fast Pay’’ via
manual or electronic means may be
accepted by the payment office for fast
payment. If the payment office declines
to make fast payment, the Contractor
shall be paid in accordance with
procedures applicable to invoices to
which the Fast Payment clause does not
apply.
*
*
*
*
*
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15:35 Jul 12, 2005
Jkt 205001
Federal Motor Vehicle Safety
Standards; Occupant Crash Protection
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Extension of comment period.
AGENCY:
SUMMARY: NHTSA received a letter
asking us to extend the comment period
for the Notice of Proposed Rulemaking
(NPRM) to amend the Federal motor
vehicle safety standard (FMVSS) for
occupant crash protection. The agency
has proposed to amend FMVSS No. 208,
Occupant crash protection, by
establishing a test procedure applicable
to vehicles equipped with a child
restraint anchorage system, commonly
referred to as a ‘‘LATCH’’ system, in a
front passenger seating position and that
comply with advanced air bag
requirements through the use of a
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
suppression system. The proposed
procedures specify a repeatable,
reproducible, and realistic method of
attaching child restraints to the LATCH
system for the suppression test.
To provide interested persons
additional time to prepare comments,
we are extending the end of the
comment period from July 18, 2005, to
August 17, 2005. This 30-day extension
will allow vehicle manufacturers the
appropriate opportunity to review a
technical report cited in the NPRM in
support of the agency’s proposal, and
provide more meaningful comments.
DATES: You should submit comments
early enough to ensure that Docket
Management receives them not later
than August 17, 2005.
ADDRESSES: You may submit comments
by any of the following methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all comments received will be
posted without change to https://
dms.dot.gov, including any personal
information provided. Please see
discussion of the Privacy Act below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may contact Lou
Molino, Office of Crashworthiness
Standards, Light Duty Vehicle Division
by phone at (202) 366–1740, and by fax
at (202) 493–2739.
For legal issues, you may contact
Christopher Calamita of the NHTSA
Office of Chief Counsel by phone at
E:\FR\FM\13JYP1.SGM
13JYP1
]]>Agencies
[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Proposed Rules]
[Pages 40279-40280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13617]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2004-031]
RIN 9000-AK24
Federal Acquisition Regulation; Fast Payment Procedures
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) by revising fast payment
procedures. The proposed revision permits, but does not require, fast
payment when invoices and/or outer shipping containers are not marked
``Fast Pay'' provided the contract includes the ``Fast Payment
Procedure'' clause. As highlighted in the proposed clause, if the
clause is in the contract, the invoices will no longer be rejected, as
is the current practice. Instead, they will be paid using either fast
payment or normal payment procedures. In addition, the proposed
revision deletes the requirement for marking invoices ``No Receiving
Report Prepared.''
DATES: Interested parties should submit comments in writing on or
before September 12, 2005, to be considered in the formulation of a
final rule.
ADDRESSES: Submit comments identified by FAR case 2004-031 by any of
the following methods:
Federal eRulemaking Portal:
https://www.regulations.gov. Follow the instructions for submitting
comments.
Agency Web Site:
https://www.acqnet.gov/far/ProposedRules/proposed.htm. Click on the
FAR case number to submit comments.
E-mail: farcase.2004-031@gsa.gov. Include FAR case 2004-
031 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2004-
031 in all correspondence related to this case. All comments received
will be posted without change to https://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Mr. Jeremy Olson, at (202) 501-3221.
Please cite FAR case 2004-031.
SUPPLEMENTARY INFORMATION:
A. Background
This FAR case was initiated at the request of the DoD Acting Deputy
Chief Financial Officer (CFO), OUSD (Comptroller), who believes FAR
52.213-1, Fast Payment Procedure, should be revised to correct a
deficiency found during an internal review, namely, that many invoices
were not prominently marked ``FAST PAY.'' The CFO recommends that the
FAR be revised to:
Address both hard copy invoices and electronic invoices so
that they may be accepted by the payment office if the ``fast payment''
clause is annotated manually or electronically in the contract record;
and
Delete the requirement for marking invoices ``NO RECEIVING
REPORT PREPARED.''
Requirement to mark invoices and outer shipping containers ``Fast
Pay.'' The current requirement to display ``Fast Pay'' prominently on
the invoices and outer shipping containers causes payment problems.
This requirement forces payment offices to reject invoices when the
invoices and/or the outer shipping containers are not marked ``Fast
Pay,'' even though the contract contains the fast payment clause. The
Councils believe that the FAR should be revised to provide the payment
office flexibility to make fast payments when invoices and/or outer
shipping containers are not marked ``Fast Pay.'' The proposed language
permits, but does not require, fast payment when invoices and/or outer
shipping containers are not marked ``Fast Pay'' provided the contract
includes the ``Fast Payment Procedure'' clause. Under the proposed
language, when the payment office decides to not process invoices as
``Fast Pay'' because the proper markings were not present, the payment
date will be the payment date that would have applied had the ``Fast
Pay Procedures'' clause not been in the contract. In this manner, an
unmarked invoice will not be rejected. It is important to note that
this change does not eliminate the requirement for the contractor to
annotate an invoice ``Fast Pay;'' the contractor remains at risk that
fast payment procedures will not be applied unless the invoice is
annotated accordingly.
Requirement to include the statement ``No Receiving Report
Prepared.'' The current requirement to mark invoices ``No Receiving
Report Prepared'' also causes payment problems as discussed above. In
addition, the marking is misleading. A receiving report may be prepared
for the contract, but if so, under fast pay procedures it is normally
still in processing channels when the invoice arrives at the payment
office. However, if a receiving report is not prepared, it is still
imperative that the invoice includes sufficient information to
facilitate follow-up verification that the item was received. The
current FAR and the proposed revision both include a requirement for
such information on the invoice. The difference is simply that the
proposed revision does not require the statement ``No Receiving Report
Prepared'' on the invoice.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do 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 it will have a beneficial, but small, impact.
[[Page 40280]]
Small businesses which fail to follow the fast payment clause
instructions to mark the invoice ``FAST PAY'', will have their invoices
rejected, which means they would not be paid until they send in a
corrected invoice. The clause revisions mean the invoices would not
have to be automatically rejected. An Initial Regulatory Flexibility
Analysis has, therefore, not been performed. We invite comments from
small businesses and other interested parties. The Councils will
consider comments from small entities concerning the affected FAR Part
52 in accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 601, et seq. (FAR case
2004-031), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: July 5, 2005.
Gerald Zaffos,
Deputy Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 52 as
set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 52 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Amend section 52.213-1 by revising the date of the clause and
paragraphs (c)(1)(ii), (c)(3), and (e) to read as follows:
52.213-1 Fast Payment Procedure.
* * * * *
FAST PAYMENT PROCEDURE (DATE)
* * * * *
(c) * * *
(1) * * *
(ii) Display prominently on the invoice ``FAST PAY.'' Invoices not
prominently marked ``Fast Pay'' via manual or electronic means may be
accepted by the payment office for fast payment. If the payment office
declines to make fast payment, the Contractor shall be paid in
accordance with procedures applicable to invoices to which the Fast
Payment clause does not apply.
* * * * *
(3) If this contract, order, or blanket purchase agreement requires
the preparation of a receiving report, the Contractor shall either--
(i) Submit the receiving report on the prescribed form with the
invoice; or
(ii) Include the following information on the invoice:
(A) Shipment number.
(B) Mode of shipment.
(C) At line item level--
(1) National stock number and/or manufacturer's part number;
(2) Unit of measure;
(3) Ship-To Point;
(4) Mark-For Point, if in the contract; and
(5) FEDSTRIP/MILSTRIP document number, if in the contract.
* * * * *
(e) Fast pay container identification. The Contractor shall mark
all outer shipping containers ``FAST PAY.'' When outer shipping
containers are not marked ``Fast Pay,'' the payment office may make
fast payment. If the payment office declines to make fast payment, the
Contractor shall be paid in accordance with procedures applicable to
invoices to which the Fast Payment clause does not apply.
(End of clause)
[FR Doc. 05-13617 Filed 7-12-05; 8:45 am]
BILLING CODE 6820-EP-S
