Transporter Proof of Delivery, 28788-28790 [E8-11124]
Download as PDF
<![CDATA[
28788
Federal Register / Vol. 73, No. 97 / Monday, May 19, 2008 / Proposed Rules
TIMELINE OF RULEMAKING ACTIONS—Continued
Requests to participate in hearing due ....................................................
Hearing Clerk distributes hearing schedule .............................................
Informal hearing date ...............................................................................
Hearing transcript posted to the docket ...................................................
Comments and questions on hearing presentations due to Hearing
Clerk.
Hearing Clerk sends out questions to appropriate participants ...............
Answers received by Hearing Clerk from participants .............................
Reply comments to Hearing Clerk due ....................................................
June 12, 2008.
June 16, 2008.
June 19, 2008.
July 3, 2008 (estimated).
*July 10, 2008 (one week after hearing transcript is posted to the docket).
*July 24, 2008 (two weeks after questions are due).
*July 31, 2008 (one week after questions are sent).
*, **August 14, 2008 (two weeks after answers are due by participants).
* Estimated
date for posting the hearing transcript will determine the timeline for the remaining actions. All dates are subject to change.
comments are due two weeks after participants’ answers are received. If no questions on the hearing are received, then reply comments on the hearing testimony will be due on July 24, 2008 (giving EPA time to post a revised schedule and notice that no questions on the
hearing testimony had been received by the Hearing Clerk).
This schedule will be posted on https://www.epa.gov/pcb/pubs/veolia.htm and revised, if necessary, to reflect the actual date that the hearing
transcript has been posted to the docket.
** Reply
Extensions of time for filing reply
comments may be granted pursuant to
40 CFR 750.15, which references 40 CFR
750.4(c). Reply comments and requests
for an extension of time for filing reply
comments must be sent to the Hearing
Clerk using one of the methods
identified in the ADDRESSES section for
submitting requests to participate in the
hearing. Reply comments and a
transcript of the hearing will be placed
in the docket for the proposed rule
(Docket ID No. EPA–HQ–RCRA–2008–
0123). A full list of these materials is
available for inspection and copying
during the posted hours in the RCRA
Docket as identified under ADDRESSES.
List of Subjects in 40 CFR Part 761
Environmental protection, Hazardous
substances, Labeling, Polychlorinated
biphenyls, Reporting and recordkeeping
requirements.
Dated: May 13, 2008.
Susan Parker Bodine,
Assistant Administrator for Solid Waste and
Emergency Response.
[FR Doc. E8–11177 Filed 5–16–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD–2008–DARS–0006; 0790–AI05]
48 CFR Part 5432
Transporter Proof of Delivery
Department of Defense.
Proposed rule.
AGENCY:
rwilkins on PROD1PC63 with PROPOSALS
ACTION:
SUMMARY: This rule proposes to provide
an additional method for documenting
customer receipt of DLA supplies and
services in support of the contract
acceptance and payment process by
allowing contractor input of receipt
documentation into the Department of
Defense Wide Area Workflow system.
VerDate Aug<31>2005
16:51 May 16, 2008
Jkt 214001
Consideration will be given to all
comments received July 18, 2008.
ADDRESSES: You may submit comments,
identified by docket number and or
Regulatory Information Number (RIN)
number and title, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Charlene Baez, (703) 767–1316,
charlene.baez@dla.mil.
SUPPLEMENTARY INFORMATION:
DATES:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 48 CFR
part 5432 is not a significant regulatory
action. The rule does not:
(1) Have an annual effect to the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.
The implementation of this rule will
facilitate the receipt documentation
process and enhance the accountability
of DLA-provided goods, as well as
provide a basis for more efficient and
expeditious payments to affected
contractors. In this process, contractors
input copies of signed delivery
documents provided by the transporter
of the supplies into the Wide Area
Workflow system. Contractor use of the
Wide Area Workflow (WAWF) system is
being implemented throughout the
Department of Defense for submission of
invoices. Approximately 1 hour is
needed to learn the new system. Use of
the WAWF system does not require any
additional reporting, recordkeeping, or
compliance records from small entities.
Therefore no additional capability or
resource expenditure will be required
and no significant impact is anticipated.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this rule does
impose reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995.
E:\FR\FM\19MYP1.SGM
19MYP1
Federal Register / Vol. 73, No. 97 / Monday, May 19, 2008 / Proposed Rules
Executive Order 13132, ‘‘Federalism’’
It has been certified that this rule does
not have federalism implications, as set
forth in Executive Order 13132. This
rule does not have substantial direct
effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 48 CFR Part 5432
Contract delivery receipt process.
Accordingly, title 48 CFR Chapter 54,
is proposed to be amended to add part
5432 to read as follows:
PART 5432—TRANSPORTER PROOF
OF DELIVERY
Sec.
5432.1
5432.2
Payment documentation process.
Transporter proof of delivery.
Authority: 41 U.S.C. 401 et seq.
rwilkins on PROD1PC63 with PROPOSALS
§ 5432.1
Payment documentation process.
(a) Transporter Proof of Delivery
(TPD) is a commercial document
generated by the contractor and/or the
transporter of supplies and completed
by the Government customer. The TPD
process is used as a supplement to the
customer receiving report and provides
information necessary to show receipt of
the supplies by the customer. The fullycompleted TPD process demonstrates
receipt and, coupled with acceptance,
allows the Government to pay the
contractor. It is not a substitute for any
other requested receipt and acceptance
documentation, such as DD 250,
‘‘Material Inspection and Receiving
Report’’, but is a supplement to such
documentation.
(b) The Defense Logistics Agency
(DLA) may accept supplies based on
satisfactory TPD.
(c) The Contracting Officer may
authorize the use of the TPD process
when, based on historical receipt and
payment metrics, Finance and
Procurement Customer Liaisons (FCLs)
recommend and the Contracting Officer
determines the application of the TPD
process necessary to ensure timely
payment under the particular
circumstances of a procurement. The
recommendations made by the FCLs
will be given on an individual basis
based on analysis of the historical
contract data, invoicing history, and
customer receipting history. All of the
following conditions must be present for
using the TPD process:
(1) It is a Business Systems
Modernization (BSM)/Enterprise
Business System (EBS) procurement.
(2) Contract/order is awarded on a
fixed price basis.
(3) Contract/order is customer direct.
(4) Fast pay is not authorized.
(5) Procurement is not origin
acceptance.
(6) Procurement does not require
overseas shipments or shipments to
consolidation and containerization
points.
(7) A joint finance team and
acquisition team decide when
implementing the TPD process is
necessary to ensure prompt payment
processing.
(d) Suppliers with existing contracts
must agree to use the clause by the
execution of a bilateral contract
modification. If a vendor has an existing
contract that has been modified to
include the TPD process, that vendor’s
follow-on contract will normally
include the TPD process.
(e) When authorized in accordance
with paragraph (b) of this section, the
Contracting Officer will include the
clause at § 5432.2 in the contract, order,
solicitation, request for quotation (RFQ),
or purchase order.
§ 5432.2
Transporter proof of delivery.
As prescribed in paragraph (d) of this
section, insert the following clause:
TRANSPORTER PROOF OF DELIVERY
(AUG 2006)
(a) As used in this clause, Transporter
Proof of Delivery (TPD) are commercial
documents generated by the contractor and/
or the contractor’s transporter of supplies,
and completed by the Government customer
in order to document delivery of supplies
under this contract/order. The TPD must
contain all information necessary to
demonstrate customer receipt of specified
supplies under a specific contract or order,
including a customer signature
demonstrating receipt of supplies. This
documentation, when completed and
submitted as prescribed herein, satisfies the
receipt report requirement and, coupled with
acceptance, allows the Government to issue
payment if other applicable payment
conditions are satisfied.
(b) Submitted TPD. (1) The submitted TPD
must include all of the following
information:
(i) Contract number/order number.
(ii) Unit price.
(iii) Extended price.
(iv) Detailed description of supplies.
WAWF fields
VerDate Aug<31>2005
16:51 May 16, 2008
Jkt 214001
(v) Delivery date.
(vi) Recipient organization’s name and
address.
(vii) Location of delivery.
(viii) Receiving individual’s printed name.
(ix) Receiving individual’s signature.
(2) A combination of contractor and
transporter documents may be needed to
provide all of the required information.
Examples are contractor packing lists and
UPS or FEDEX delivery tracking reports. If a
combination of documents is used, they must
include cross-reference information, such as
shipment number, that demonstrates that
both sets of documents refer to the same
supplies.
(c) Use of the transporter proof of delivery.
(1) Payment. When this clause is used, the
Government may use the TPD receipt as a
basis for accepting the supplies, thereby
enabling payment based on the contract/
order, contractor’s invoice, contractorsubmitted TPD, and Government acceptance.
(2) TPD Process. (i) The Contractor shall
self-register at the Wide Area Workflow
(WAWF) Web site: https://wawf.eb.mil. (See
https://wawf.eb.mil for WAWF registration
and https://www.wawftraining.com for
detailed training instructions. Additional
WAWF support can be accessed by calling
DISA WESTHEM Customer Support at (866)
618–5988. For more information on WAWF
please go to the DLA WAWF Site: https://
www.dla.mil/j-3/wawf.).
(ii) The Contractor shall enter the
Receiving Report (RR) data. Contractors shall
ensure the ‘‘pack later’’ box under the Pack
Tab is checked prior to the submission of the
RR.
(iii) The Contractor’s transporter presents
TPD documents to the customer for receipt
signature or the transporter otherwise secures
a customer signature demonstrating receipt,
such as through an electronic signature
recording device.
(iv) The Contractor obtains the TPD from
the transporter, either in hardcopy provided
by the transporter or through other means,
such as a printout from the transporter’s
Internet tracking site.
(v) When the Contractor receives the TPD
documents from the transporter, he or she
will return to WAWF using ‘‘view
documents,’’ enter the appropriate contract
data, and recall the RR.
(vi) On the first page provided, the
Contractor will uncheck the ‘‘pack later’’
box.
(vii) The Contractor shall then go to the last
entry and click on ‘‘attachment.’’ This will
allow the Contractor to attach the TPD
documents. When the TPD document is
attached, the Contractor shall return to the
Header Tab and submit the TPD document(s).
(viii) WAWF will notify the BSM FCL via
email that a WAWF RR document is ready for
review.
(ix) The information provided in the chart
below is provided to assist the Contractor in
the creation of the RR in WAWF:
Data to enter
WAWF Document Type ............................................................................
Inspection/Destination Points ...................................................................
PO 00000
Frm 00051
Fmt 4702
Invoice and Receiving Report (COMBO).
Other/Other.
Sfmt 4702
28789
E:\FR\FM\19MYP1.SGM
19MYP1
28790
Federal Register / Vol. 73, No. 97 / Monday, May 19, 2008 / Proposed Rules
WAWF fields
Data to enter
Issue By Department of Defense Activity Address Code (DODAAC) .....
Admin DODAAC .......................................................................................
Inspect By DODAAC (if applicable) .........................................................
Ship To Code ...........................................................................................
Acceptor at Other DODAAC .....................................................................
DODAAC of activity that issued the contract.
DODAAC of activity that administers the contract.
N/A—leave blank.
DODAAC of the Ship To activity.
Refer to Issue By DODAAC:
If Issue By is SPM1, use SP1001.
If Issue By is SPM4, use SP4001.
If Issue By is SPM5, use SP5001.
If Issue By is SPM7, use SP7001.
DODAAC of the activity that pays the contract.
Attach customer delivery documentation.1 (Attachments created in any
Microsoft Office Product or in PDF format are acceptable.)
PAY DODAAC ..........................................................................................
Attachment ................................................................................................
1 Contractors are required to attach TPD complying with subparagraphs (a) and (b) of this clause to their WAWF document. To add attachments, enter contract information and then click on ‘Create Document.’ Then click on the ‘Misc Info’ tab. Attachment specific buttons will appear
on the right side of the page. Select document to attach and click ‘Open.’ Then click ‘Continue.’ Your attachment will appear in the dropdown
box. Click on the ‘Header’ tab to return to your original document and click ‘Submit.’
(d) Responsibility for supplies. (1) Title to
the supplies passes to the Government after
delivery to the point of first receipt by the
Government and subsequent acceptance.
(2) Notwithstanding any other provision of
the contract, order, or blanket purchase
agreement, the Contractor shall:
(i) Assume all responsibility and risk of
loss for supplies not received at destination,
damaged in transit, or not conforming to
purchase requirements; and
(ii) Replace, repair, or correct those
supplies promptly at the Contractor’s
expense, if instructed to do so by the
Contracting Officer within 180 days from the
date title to the supplies vests in the
Government.
End of Clause
Dated: May 7, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer.
Department of Defense.
[FR Doc. E8–11124 Filed 5–16–08; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 605
[Docket No. FTA–2008–0015]
Notice of Proposed Policy Statement
on FTA’s School Bus Operations
Regulations
Federal Transit Administration
(FTA), DOT.
ACTION: Proposed policy statement;
request for comments.
rwilkins on PROD1PC63 with PROPOSALS
AGENCY:
SUMMARY: Through this notice, the
Federal Transit Administration (FTA)
proposes to revise its policy with
respect to ‘‘tripper service’’ and ‘‘school
bus operations’’ under 49 CFR Part 605.
FTA seeks comment on this notice from
interested parties. After consideration of
the comments, FTA will issue a second
Federal Register notice responding to
VerDate Aug<31>2005
16:51 May 16, 2008
Jkt 214001
comments received and noting any
changes made to the policy statement as
a result of comments received.
DATES: FTA must receive all comments
by June 18, 2008. FTA will consider late
filed comments to the extent
practicable.
ADDRESSES: To ensure your comments
are not entered more than once into the
Docket, please identify your
submissions with the following Docket
No. FTA–2008–0015. Please make your
submissions by only one of the
following means:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• U.S. Post or Express Mail: U.S.
Department of Transportation, Docket
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery: The West Building
of the U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: You must include the
agency name (Federal Transit
Administration) and the Docket number
(FTA–2008–0015) at the beginning of
your comment. You should include two
copies of your comment if you submit
it by mail. If you wish to receive
confirmation that FTA received your
comment, you must include a selfaddressed stamped postcard. Note that
FTA will post all comments that it
receives, including any personal
information provided therein, without
change to https://www.regulations.gov.
Due to security procedures in effect
since October 2001 regarding mail
deliveries, mail received through the
U.S. Postal Service may be subject to
delays. A party that submits a comment
responsive to this notice should
consider using an express mail firm to
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
ensure the prompt filing of any
submissions not filed electronically or
by hand.
FOR FURTHER INFORMATION CONTACT:
Linda Lasley, Assistant Chief Counsel,
Legislation and Regulations Division,
Office of Chief Counsel, Federal Transit
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., 5th Floor—East Building,
Washington, DC 20590. E-mail:
Linda.Lasley@dot.gov. Telephone: (202)
366–1674.
SUPPLEMENTARY INFORMATION:
Background
Introduction
FTA issues this Notice of Policy
Statement and Request for Comments to
provide guidance in the context of the
recent decision of the United States
District Court for the Western District of
New York in Rochester-Genesee
Regional Transportation Authority v.
Hynes-Cherin.1 The Court’s decision in
Rochester-Genesee Regional
Transportation Authority set aside
FTA’s interpretation of its school bus
operations regulations under 49 CFR
Part 605.2 In the proposed policy set
forth below, FTA clarifies its guidance
regarding FTA’s interpretation of its
school bus operations regulations. FTA
intends to construe the term ‘‘tripper
service’’ to include only existing routes
with modified fare collection or subsidy
systems, frequency of service, and de
minimis route deviations from existing
route paths in the immediate vicinity of
schools to stops located at or in close
proximity to the schools. Consistent
with that construction, FTA would
interpret the definition of ‘‘school bus
operations’’ in 49 CFR 605.3(b) to
include service that a reasonable person
would conclude primarily was designed
1 No.
2 Id.
E:\FR\FM\19MYP1.SGM
07–CV–6378L 1 (W.D.N.Y. Jan. 24, 2008).
at 20.
19MYP1
]]>Agencies
[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Proposed Rules]
[Pages 28788-28790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11124]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2008-DARS-0006; 0790-AI05]
48 CFR Part 5432
Transporter Proof of Delivery
AGENCY: Department of Defense.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to provide an additional method for
documenting customer receipt of DLA supplies and services in support of
the contract acceptance and payment process by allowing contractor
input of receipt documentation into the Department of Defense Wide Area
Workflow system.
DATES: Consideration will be given to all comments received July 18,
2008.
ADDRESSES: You may submit comments, identified by docket number and or
Regulatory Information Number (RIN) number and title, by any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at https://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Charlene Baez, (703) 767-1316,
charlene.baez@dla.mil.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 48 CFR part 5432 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect to the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
The implementation of this rule will facilitate the receipt
documentation process and enhance the accountability of DLA-provided
goods, as well as provide a basis for more efficient and expeditious
payments to affected contractors. In this process, contractors input
copies of signed delivery documents provided by the transporter of the
supplies into the Wide Area Workflow system. Contractor use of the Wide
Area Workflow (WAWF) system is being implemented throughout the
Department of Defense for submission of invoices. Approximately 1 hour
is needed to learn the new system. Use of the WAWF system does not
require any additional reporting, recordkeeping, or compliance records
from small entities. Therefore no additional capability or resource
expenditure will be required and no significant impact is anticipated.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
[[Page 28789]]
Executive Order 13132, ``Federalism''
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 48 CFR Part 5432
Contract delivery receipt process.
Accordingly, title 48 CFR Chapter 54, is proposed to be amended to
add part 5432 to read as follows:
PART 5432--TRANSPORTER PROOF OF DELIVERY
Sec.
5432.1 Payment documentation process.
5432.2 Transporter proof of delivery.
Authority: 41 U.S.C. 401 et seq.
Sec. 5432.1 Payment documentation process.
(a) Transporter Proof of Delivery (TPD) is a commercial document
generated by the contractor and/or the transporter of supplies and
completed by the Government customer. The TPD process is used as a
supplement to the customer receiving report and provides information
necessary to show receipt of the supplies by the customer. The fully-
completed TPD process demonstrates receipt and, coupled with
acceptance, allows the Government to pay the contractor. It is not a
substitute for any other requested receipt and acceptance
documentation, such as DD 250, ``Material Inspection and Receiving
Report'', but is a supplement to such documentation.
(b) The Defense Logistics Agency (DLA) may accept supplies based on
satisfactory TPD.
(c) The Contracting Officer may authorize the use of the TPD
process when, based on historical receipt and payment metrics, Finance
and Procurement Customer Liaisons (FCLs) recommend and the Contracting
Officer determines the application of the TPD process necessary to
ensure timely payment under the particular circumstances of a
procurement. The recommendations made by the FCLs will be given on an
individual basis based on analysis of the historical contract data,
invoicing history, and customer receipting history. All of the
following conditions must be present for using the TPD process:
(1) It is a Business Systems Modernization (BSM)/Enterprise
Business System (EBS) procurement.
(2) Contract/order is awarded on a fixed price basis.
(3) Contract/order is customer direct.
(4) Fast pay is not authorized.
(5) Procurement is not origin acceptance.
(6) Procurement does not require overseas shipments or shipments to
consolidation and containerization points.
(7) A joint finance team and acquisition team decide when
implementing the TPD process is necessary to ensure prompt payment
processing.
(d) Suppliers with existing contracts must agree to use the clause
by the execution of a bilateral contract modification. If a vendor has
an existing contract that has been modified to include the TPD process,
that vendor's follow-on contract will normally include the TPD process.
(e) When authorized in accordance with paragraph (b) of this
section, the Contracting Officer will include the clause at Sec.
5432.2 in the contract, order, solicitation, request for quotation
(RFQ), or purchase order.
Sec. 5432.2 Transporter proof of delivery.
As prescribed in paragraph (d) of this section, insert the
following clause:
TRANSPORTER PROOF OF DELIVERY (AUG 2006)
(a) As used in this clause, Transporter Proof of Delivery (TPD)
are commercial documents generated by the contractor and/or the
contractor's transporter of supplies, and completed by the
Government customer in order to document delivery of supplies under
this contract/order. The TPD must contain all information necessary
to demonstrate customer receipt of specified supplies under a
specific contract or order, including a customer signature
demonstrating receipt of supplies. This documentation, when
completed and submitted as prescribed herein, satisfies the receipt
report requirement and, coupled with acceptance, allows the
Government to issue payment if other applicable payment conditions
are satisfied.
(b) Submitted TPD. (1) The submitted TPD must include all of the
following information:
(i) Contract number/order number.
(ii) Unit price.
(iii) Extended price.
(iv) Detailed description of supplies.
(v) Delivery date.
(vi) Recipient organization's name and address.
(vii) Location of delivery.
(viii) Receiving individual's printed name.
(ix) Receiving individual's signature.
(2) A combination of contractor and transporter documents may be
needed to provide all of the required information. Examples are
contractor packing lists and UPS or FEDEX delivery tracking reports.
If a combination of documents is used, they must include cross-
reference information, such as shipment number, that demonstrates
that both sets of documents refer to the same supplies.
(c) Use of the transporter proof of delivery. (1) Payment. When
this clause is used, the Government may use the TPD receipt as a
basis for accepting the supplies, thereby enabling payment based on
the contract/order, contractor's invoice, contractor-submitted TPD,
and Government acceptance.
(2) TPD Process. (i) The Contractor shall self-register at the
Wide Area Workflow (WAWF) Web site: https://wawf.eb.mil. (See
https://wawf.eb.mil for WAWF registration and https://
www.wawftraining.com for detailed training instructions. Additional
WAWF support can be accessed by calling DISA WESTHEM Customer
Support at (866) 618-5988. For more information on WAWF please go to
the DLA WAWF Site: https://www.dla.mil/j-3/wawf.).
(ii) The Contractor shall enter the Receiving Report (RR) data.
Contractors shall ensure the ``pack later'' box under the Pack Tab
is checked prior to the submission of the RR.
(iii) The Contractor's transporter presents TPD documents to the
customer for receipt signature or the transporter otherwise secures
a customer signature demonstrating receipt, such as through an
electronic signature recording device.
(iv) The Contractor obtains the TPD from the transporter, either
in hardcopy provided by the transporter or through other means, such
as a printout from the transporter's Internet tracking site.
(v) When the Contractor receives the TPD documents from the
transporter, he or she will return to WAWF using ``view documents,''
enter the appropriate contract data, and recall the RR.
(vi) On the first page provided, the Contractor will uncheck the
``pack later'' box.
(vii) The Contractor shall then go to the last entry and click
on ``attachment.'' This will allow the Contractor to attach the TPD
documents. When the TPD document is attached, the Contractor shall
return to the Header Tab and submit the TPD document(s).
(viii) WAWF will notify the BSM FCL via email that a WAWF RR
document is ready for review.
(ix) The information provided in the chart below is provided to
assist the Contractor in the creation of the RR in WAWF:
------------------------------------------------------------------------
WAWF fields Data to enter
------------------------------------------------------------------------
WAWF Document Type..................... Invoice and Receiving Report
(COMBO).
Inspection/Destination Points.......... Other/Other.
[[Page 28790]]
Issue By Department of Defense Activity DODAAC of activity that issued
Address Code (DODAAC). the contract.
Admin DODAAC........................... DODAAC of activity that
administers the contract.
Inspect By DODAAC (if applicable)...... N/A--leave blank.
Ship To Code........................... DODAAC of the Ship To activity.
Acceptor at Other DODAAC............... Refer to Issue By DODAAC:
If Issue By is SPM1, use
SP1001.
If Issue By is SPM4, use
SP4001.
If Issue By is SPM5, use
SP5001.
If Issue By is SPM7, use
SP7001.
PAY DODAAC............................. DODAAC of the activity that
pays the contract.
Attachment............................. Attach customer delivery
documentation.\1\ (Attachments
created in any Microsoft
Office Product or in PDF
format are acceptable.)
------------------------------------------------------------------------
\1\ Contractors are required to attach TPD complying with subparagraphs
(a) and (b) of this clause to their WAWF document. To add attachments,
enter contract information and then click on `Create Document.' Then
click on the `Misc Info' tab. Attachment specific buttons will appear
on the right side of the page. Select document to attach and click
`Open.' Then click `Continue.' Your attachment will appear in the
dropdown box. Click on the `Header' tab to return to your original
document and click `Submit.'
(d) Responsibility for supplies. (1) Title to the supplies
passes to the Government after delivery to the point of first
receipt by the Government and subsequent acceptance.
(2) Notwithstanding any other provision of the contract, order,
or blanket purchase agreement, the Contractor shall:
(i) Assume all responsibility and risk of loss for supplies not
received at destination, damaged in transit, or not conforming to
purchase requirements; and
(ii) Replace, repair, or correct those supplies promptly at the
Contractor's expense, if instructed to do so by the Contracting
Officer within 180 days from the date title to the supplies vests in
the Government.
End of Clause
Dated: May 7, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer. Department of Defense.
[FR Doc. E8-11124 Filed 5-16-08; 8:45 am]
BILLING CODE 5001-06-P
