Defense Federal Acquisition Regulation Supplement: Updates to Wide Area WorkFlow (DFARS Case 2011-D027), 38731-38734 [2012-15566]
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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
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L. Technical Standards
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this final rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have concluded
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This final rule
is categorically excluded under section
2.B.2, figure 2–1, paragraph (34)(d) of
the Instruction. Exclusion under
paragraph (34)(d) applies because this
final rule pertains to regulations
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concerning documentation and
admeasurement of vessels. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 46 CFR Part 126
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
PART 126–INSPECTION AND
CERTIFICATION
Accordingly, the interim rule
amending 46 CFR part 126, which was
published at 76 FR 77128 on December
12, 2011, is adopted as a final rule
without change.
Dated: May 24, 2012.
F. J. Sturm,
Acting Director of Commercial Regulations
and Standards, U.S. Coast Guard.
[FR Doc. 2012–15976 Filed 6–28–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 218, 232 and 252
RIN Number 0750–AH40
Defense Federal Acquisition
Regulation Supplement: Updates to
Wide Area WorkFlow (DFARS Case
2011–D027)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update policies on the
submission of payment requests and
receiving reports in electronic format.
DATES: Effective date: June 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Veronica Fallon, 571–372–6087.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule at 76
FR 71928 on November 21, 2011, to
update DFARS policies and procedures
for electronic submission of payment
requests and receiving reports through
Wide Area WorkFlow (WAWF) and
TRICARE Encounter Data System
(TEDS). WAWF, which electronically
interfaces with the primary DoD
payment systems, is the accepted DoD
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38731
system for generating invoices and
receiving reports. TEDS is an accepted
system for processing payment requests
for rendered TRICARE health care
services.
The capabilities of WAWF have
expanded to enable use in additional
environments by a wider variety of
users. As such, this rule expands the use
of WAWF for submission of payment
requests and receiving reports and
standardizes processes and instructions
on the use of WAWF. The public
comment period closed January 20,
2011. Six respondents submitted
comments on the proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
Changes to the proposed rule to
clarify language were made at 232.7002
Policy, 232.7004 Prescription, and the
Payment Clause at 252.232–7003,
Electronic Submission of Payment
Requests and Receiving Reports. The
new payment instruction clause at
252.232–7006, Wide Area WorkFlow
Payment Instructions, was changed to
more clearly identify WAWF as DoD’s
method to receive payment requests and
receiving reports and clarify language
and to clarify instructions for
completion of clause fill-ins.
B. Analysis of Public Comments
1. Policies and Procedures
Comment: Several respondents
identified an apparent inconsistency
with use of the term ‘‘Senior
Procurement Executive’’ in the
Supplementary and Background
information and the use of the term
‘‘Service Procurement Executive’’ in the
proposed change to 232.7002(a)(6).
Response: The correct term is ‘‘Senior
Procurement Executive,’’ which is
incorporated into the final rule.
Comment: A respondent observed that
language is confusing to the reader, in
both the proposed change to policy at
232.7002(a)(1) and the existing clause at
252.232–7003, Electronic Submission of
Payment Requests and Receiving
Reports, paragraph (c)(4). Specifically,
according to the respondent, the
language is unclear that describes what
is and is not required to be submitted
in electronic form for payment requests
and receiving reports when purchases
are paid for using a Governmentwide
purchase card.
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Response: The language of the final
rule in both instances noted is revised
to reflect clarifying language as
suggested by the respondent.
Comment: One respondent requested
adding to the rule additional procedures
at 232.7003 to allow use of an existing
Navy system, PayWeb, for submitting
and processing payment requests by
universities and nonprofits
administered by Office of Naval
Research Regional Office.
Response: Consideration of the
respondent’s comment resulted in no
change to the final rule. However, the
Department of the Navy plans to issue
supplementary guidance to address
PayWeb, a front-end system that feeds
Electronic Data Interchange to WAWF.
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2. Wide Area WorkFlow Payment
Instructions Clause
Comment: Three comments addressed
paragraph (f)(1) of the clause. One
respondent identified that a listed
document type is not an allowable
document for their office, and that there
is a possible conflict in language
between this paragraph and the note
that follows. Another respondent
provided two comments. First, issues
were noted with regard to possible
scenarios resulting from ambiguous
terminology and a lack of identified
procedures to address said scenarios.
Second, the respondent is unsure the
reader will understand the intended use
of the note following the paragraph, and
requested the note be clarified as to its
purpose and intended use.
Response: Regarding the concern of
allowable document types, applicable
instructions to preclude possible
conflicts have been incorporated into
the WAWF Web site. A link to the Web
site is included in the DFARS clause
and in the Procedures Guidance and
Information (PGI) text. In addition, since
it is the contracting officer who inserts
the document type into the clause, there
should be no resultant issue. Therefore,
no change is made to the language of the
rule as a result of this comment.
In response to the concern regarding
possible scenarios resulting from
ambiguous terminology of the text, the
language in question is deleted, leaving
a clear statement. Likewise, deletion of
this text served to resolve the comment
concerning the intended use of the note
following the paragraph.
Comment: Two respondents
expressed concern with the Routing
Data Table at paragraph (f)(3). The
respondents indicated that the table
may increase the workload of
contracting personnel and increase the
opportunity for error and inconsistency.
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Also, the table may not account for all
circumstances.
Response: The Routing Data Table
along with the instructions for the
contracting officer to complete the table
is retained in the final rule; however,
several of the respondents’ suggestions,
which clarified a number of table
elements, are incorporated into the final
rule. DoD retained the Routing Data
Table and instructions after considering
the following: (1) The possible variation
in contract formats and types; (2) the
absence of a more acceptable place to
identify the local processing office in
existing contracts; and (3) in order to
increase the ease of use and facilitate
contractor compliance.
Comment: One respondent
recommended revised language for
paragraph (f)(4) to strengthen the rule in
consideration of future audits.
Response: The data requirements for
documentation to be submitted with
specific actions are well defined
elsewhere in the regulations (e.g.
DFARS Appendix F). Repeating those
requirements again in the clause would
create redundancy and introduce the
possibility of conflict between updates
to Appendix F and the clause language.
Comment: Two respondents observed
that the clause language for paragraph
(g), Payment request follow-up, is not
compatible with current systems and
does not provide complete information
regarding availability of invoice status.
Response: The paragraph (g) clause
text is deleted since the capability
discussed is now provided for in
WAWF. Therefore, inclusion of the
paragraph (g) text is not necessary.
Comment: Two respondents noted
that paragraph (h), WAWF point of
contact, may not be appropriately
included; or if included, a better point
of contact could be provided.
Response: Former paragraph (h),
which is now paragraph (g) in the final
rule, is updated to include
subparagraphs so that an additional
point of contact for technical issues, the
WAWF helpdesk, is also listed.
Comment: One respondent identified
a disparity between language in the
existing clause at 252.232.7003,
Electronic Submission of Payment
Requests and Receiving Reports,
paragraph (b), and the proposed clause
paragraph (b) regarding ‘‘preferred
method’’ versus ‘‘contractor shall’’.
Response: WAWF is the DoD system
to electronically process payment
requests and receiving reports, therefore
the word ‘‘preferred’’ was deleted in the
final rule. Further, in this same
paragraph (b); language regarding
alternate invoicing methods as agreed to
by the parties is also deleted. The
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remaining language demonstrates DoD’s
effort to meet the intent of the E–
Government Act and the Paperwork
Reduction Act in minimizing the
number of ways contractors must
interact with the Government.
3. Definitions
Comment: The value of the
definitions at paragraph (a) of the
proposed new clause at 252.232–70XX
was questioned. The respondent
suggests deleting definitions from the
clause as definitions are provided as
part of the referenced WAWF training.
Response: Definitions are customarily
included in the DFARS clause to ensure
immediate understanding of the
terminology of the clause. As suggested,
the definition of ‘‘local processing
office’’ has been edited to convey a
generic application.
4. Prescription
Comment: Several comments
addressed the proposed change to the
prescription at 232.7004(a) and
following paragraphs (1) through (6).
The respondents expressed that
paragraphs (1) through (6) as a whole
may be confusing to the reader
regarding whether and when use of
WAWF is required or an exception
applies.
Response: To alleviate potential
confusion in the prescription at
232.7004(a), the proposed references to
subparagraphs are deleted.
5. Web Site Links
Comment: A respondent stated that
the Web site links provided were not
working for the new proposed clause at
252.232–70XX.
Response: The Web site links
included for this final rule are active
and accurate.
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.
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IV. Regulatory Flexibility Act
DoD expects that this rule may 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.
Therefore, a Final Regulatory Flexibility
Analysis has been prepared and is
summarized as follows:
The rule incorporates WAWF’s new
capability of capturing receiving reports
for contracts paid with a
Governmentwide commercial purchase
card and clarifies exceptions to the use
of WAWF. The rule also consolidates
and standardizes instructions to
contractors on how to use the WAWF
application. Furthermore, it eliminates
locally defined methods that, in some
cases, cause confusion and
inefficiencies. It also incorporates the
use of TEDS for medical services
requiring Health Insurance Portability
and Accountability Act data not
handled by WAWF.
DoD made small business awards to
47,000 companies in Fiscal Year 2011.
With the exception of less than 7,000
companies that only received awards
paid with a purchase card, this rule will
simplify procedures by allowing
contractors to use the same payment
process and systems for all DoD
shipments.
This rule does not impose any new
reporting or record keeping
requirements.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
No significant alternatives have been
identified that would accomplish the
stated objectives of this rule.
V. Paperwork Reduction Act
This rule does not impose any new
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).
List of Subjects in 48 CFR Parts 218,
232 and 252
Government procurement.
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Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 218, 232, and
252 are amended as follows:
1. The authority citation for 48 CFR
parts 218, 232, and 252 continues to
read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
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232.7003
PART 218—EMERGENCY
ACQUISITIONS
2. Section 218.170(j) is revised to read
as follows:
Additional acquisition flexibilities.
*
*
*
*
*
(j) Electronic submission and
processing of payment requests.
Exceptions to the use of Wide Area
WorkFlow are at 232.7002(a).
*
*
*
*
*
PART 232—CONTRACT FINANCING
3. Section 232.7002(a) is revised to
read as follows:
■
232.7002
Policy.
(a)(1) Contractors shall submit
payment requests and receiving reports
in electronic form, except for—
(i) Classified contracts or purchases
when electronic submission and
processing of payment requests could
compromise the safeguarding of
classified information or national
security;
(ii) Contracts awarded by deployed
contracting officers in the course of
military operations, including, but not
limited to, contingency operations as
defined in 10 U.S.C. 101(a)(13) or
humanitarian or peacekeeping
operations as defined in 10 U.S.C.
2302(8), or contracts awarded by
contracting officers in the conduct of
emergency operations, such as
responses to natural disasters or
national or civil emergencies, when
access to Wide Area WorkFlow by those
contractors is not feasible;
(iii) Purchases to support unusual or
compelling needs of the type described
in FAR 6.302–2, when access to Wide
Area WorkFlow by those contractors is
not feasible;
(iv) Cases in which DoD is unable to
receive payment requests or possible
acceptance in electronic form;
(v) Cases in which the contracting
officer administering the contract for
payment has determined, in writing,
that electronic submission would be
unduly burdensome to the contractor. In
those cases, the contracting officer
administering the contract shall furnish
a copy of the determination to their
Senior Procurement Executive; and
(2) When the Governmentwide
commercial purchase card is used as the
method of payment, only submission of
the receiving report in electronic form is
required.
*
*
*
*
*
■ 4. Section 232.7003 is amended by
revising paragraphs (b) and (c) to read
as follows:
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Procedures.
*
■
218.170
38733
*
*
*
*
(b) For payment of commercial
transportation services provided under a
Government rate tender or a contract for
transportation services, the use of a
DoD-approved electronic third party
payment system or other exempted
vendor payment/invoicing system (e.g.,
PowerTrack, Transportation Financial
Management System, and Cargo and
Billing System) is permitted.
(c) For submitting and processing
payment requests and receiving reports
for rendered health care services, use of
TRICARE Encounter Data System as the
electronic format is permitted.
■ 5. Section 232.7004 is revised to read
as follows:
232.7004
Contract clauses.
(a) Except as provided in 232.7002(a),
use the clause at 252.232–7003,
Electronic Submission of Payment
Requests and Receiving Reports, in
solicitations and contracts.
(b) Use the clause at 252.232–7006,
Wide Area WorkFlow Payment
Instructions, when 252.232–7003 is
used and neither 232.7003 (b) nor (c)
apply. See PGI 232.7004 for instructions
on completing the clause.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Section 252.232–7003 is
amended—
■ a. In the introductory text by
removing the reference ‘‘232.7004’’ and
adding in its place ‘‘232.7004(a)’’;
■ b. By removing the clause date ‘‘(MAR
2008)’’ and adding in its place ‘‘(JUN
2012)’’;
■ c. By adding paragraph (a)(4);
■ d. By removing paragraphs (c)(1) and
(2);
■ (e) By redesignating paragraphs (c)(3)
and (4) as paragraphs (c)(1) and (2),
respectively;
■ (f) By removing the word ‘‘or’’ at the
end of newly redesignated paragraph
(c)(1);
■ (g) By removing the period at the end
of newly redesignated paragraph (c)(2)
and adding a semicolon in its place; and
■ (h) By adding new paragraphs (c)(3)
and (4).
The additions read as follows:
■
252.232–7003 Electronic Submission of
Payment Requests and Receiving Reports.
*
*
*
*
*
(a) * * *
(4) ‘‘Receiving report’’ means the data
required by the clause at 252.246–7000,
Material Inspection and Receiving
Report.
*
*
*
*
*
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(c) * * *
(3) DoD makes payment for rendered
health care services using the TRICARE
Encounter Data System (TEDS) as the
electronic format; or
(4) When the Governmentwide
commercial purchase card is used as the
method of payment, only submission of
the receiving report in electronic form is
required.
*
*
*
*
*
■ 7. Section 252.232–7006 is added to
read as follows:
‘‘Receiving Report’’ (stand-alone) document
type may be used instead.)
(2) Inspection/acceptance location. The
Contractor shall select the following
inspection/acceptance location(s) in WAWF,
as specified by the contracting officer.
lllllllllllllllllllll
(Contracting Officer: Insert inspection and
acceptance locations or ‘‘Not applicable.’’)
(3) Document routing. The Contractor shall
use the information in the Routing Data Table
below only to fill in applicable fields in
WAWF when creating payment requests and
receiving reports in the system.
252.232–7006 Wide Area WorkFlow
Payment Instructions.
ROUTING DATA TABLE*
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As prescribed in 232.7004(b), use the
following clause:
WIDE AREA WORKFLOW PAYMENT
INSTRUCTIONS (JUN 2012)
(a) Definitions. As used in this clause—
Department of Defense Activity Address
Code (DoDAAC) is a six position code that
uniquely identifies a unit, activity, or
organization.
Document type means the type of payment
request or receiving report available for
creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office
responsible for payment certification when
payment certification is done external to the
entitlement system.
(b) Electronic invoicing. The WAWF
system is the method to electronically
process vendor payment requests and
receiving reports, as authorized by DFARS
252.232–7003, Electronic Submission of
Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the
Contractor shall—
(1) Have a designated electronic business
point of contact in the Central Contractor
Registration at https://www.acquisition.gov;
and
(2) Be registered to use WAWF at
https://wawf.eb.mil/ following the step-bystep procedures for self-registration available
at this Web site.
(d) WAWF training. The Contractor should
follow the training instructions of the WAWF
Web-Based Training Course and use the
Practice Training Site before submitting
payment requests through WAWF. Both can
be accessed by selecting the ‘‘Web Based
Training’’ link on the WAWF home page at
https://wawf.eb.mil/.
(e) WAWF methods of document
submission. Document submissions may be
via Web entry, Electronic Data Interchange,
or File Transfer Protocol.
(f) WAWF payment instructions. The
Contractor must use the following
information when submitting payment
requests and receiving reports in WAWF for
this contract/order:
(1) Document type. The Contractor shall
use the following document type(s).
lllllllllllllllllllll
(Contracting Officer: Insert applicable
document type(s). Note: If a ‘‘Combo’’
document type is identified but not
supportable by the Contractor’s business
systems, an ‘‘Invoice’’ (stand-alone) and
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Field Name in WAWF
Data to be
entered in
WAWF
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
RIN 0750–AH73
Defense Federal Acquisition
Regulation Supplement; Acquisition of
Tents and Other Temporary Structures
(DFARS Case 2012–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
to implement sections of the National
Defense Authorization Act for Fiscal
Pay Official DoDAAC
Year 2012 that address the acquisition
Issue By DoDAAC
of tents and other temporary structures.
Admin DoDAAC
Inspect By DoDAAC
DATES: Effective date: June 29, 2012.
Ship To Code
Comment date: Comments are due by
Ship From Code
August 28, 2012.
Mark For Code
ADDRESSES: Submit comments
Service Approver (DoDAAC)
identified by DFARS Case 2012–D015,
Service Acceptor (DoDAAC)
using any of the following methods:
Accept at Other DoDAAC
Æ Regulations.gov: https://
LPO DoDAAC
www.regulations.gov.
DCAA Auditor DoDAAC
Submit comments via the Federal
Other DoDAAC(s)
eRulemaking portal by inserting
‘‘DFARS Case 2012–D015’’ under the
(*Contracting Officer: Insert applicable
heading ‘‘Enter keyword or ID’’ and
DoDAAC information or ‘‘See schedule’’ if
selecting ‘‘Search.’’ Select the link
multiple ship to/acceptance locations apply,
or ‘‘Not applicable.’’)
‘‘Submit a Comment’’ that corresponds
(4) Payment request and supporting
with ‘‘DFARS Case 2012–D015.’’ Follow
documentation. The Contractor shall ensure
the instructions provided at the ‘‘Submit
a payment request includes appropriate
a Comment’’ screen. Please include your
contract line item and subline item
name, company name (if any), and
descriptions of the work performed or
‘‘DFARS Case 2012–D015’’ on your
supplies delivered, unit price/cost per unit,
attached document.
fee (if applicable), and all relevant back-up
Æ Email: dfars@osd.mil. Include
documentation, as defined in DFARS
DFARS Case 2012–D015 in the subject
Appendix F, (e.g. timesheets) in support of
line of the message.
each payment request.
Æ Fax: 571–372–6094.
(5) WAWF email notifications. The
Æ Mail: Defense Acquisition
Contractor shall enter the email address
Regulations System, Attn: Amy G.
identified below in the ‘‘Send Additional
Email Notifications’’ field of WAWF once a
Williams, OUSD(AT&L)DPAP/DARS,
document is submitted in the system.
Room 3B855, 3060 Defense Pentagon,
lllllllllllllllllllll Washington, DC 20301–3060.
Comments received generally will be
(Contracting Officer: Insert applicable email
posted without change to https://
addresses or ‘‘Not applicable.’’)
www.regulations.gov, including any
(g) WAWF point of contact. (1) The
Contractor may obtain clarification regarding personal information provided. To
confirm receipt of your comment(s),
invoicing in WAWF from the following
please check www.regulations.gov
contracting activity’s WAWF point of
contact.
approximately two to three days after
lllllllllllllllllllll submission to verify posting (except
allow 30 days for posting of comments
(Contracting Officer: Insert applicable
submitted by mail).
information or ‘‘Not applicable.’’)
SUPPLEMENTARY INFORMATION:
(2) For technical WAWF help, contact the
SUMMARY:
WAWF helpdesk at 866–618–5988.
I. Background
(End of clause)
This interim rule amends DFARS
subpart 225.70 and the associated
DFARS clauses at 252.212–7001 and
[FR Doc. 2012–15566 Filed 6–28–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 38731-38734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15566]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 218, 232 and 252
RIN Number 0750-AH40
Defense Federal Acquisition Regulation Supplement: Updates to
Wide Area WorkFlow (DFARS Case 2011-D027)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update policies on the
submission of payment requests and receiving reports in electronic
format.
DATES: Effective date: June 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Veronica Fallon, 571-372-6087.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule at 76 FR 71928 on November 21, 2011,
to update DFARS policies and procedures for electronic submission of
payment requests and receiving reports through Wide Area WorkFlow
(WAWF) and TRICARE Encounter Data System (TEDS). WAWF, which
electronically interfaces with the primary DoD payment systems, is the
accepted DoD system for generating invoices and receiving reports. TEDS
is an accepted system for processing payment requests for rendered
TRICARE health care services.
The capabilities of WAWF have expanded to enable use in additional
environments by a wider variety of users. As such, this rule expands
the use of WAWF for submission of payment requests and receiving
reports and standardizes processes and instructions on the use of WAWF.
The public comment period closed January 20, 2011. Six respondents
submitted comments on the proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in the development of the final
rule. A discussion of the comments and the changes made to the rule as
a result of those comments are provided as follows:
A. Summary of Significant Changes
Changes to the proposed rule to clarify language were made at
232.7002 Policy, 232.7004 Prescription, and the Payment Clause at
252.232-7003, Electronic Submission of Payment Requests and Receiving
Reports. The new payment instruction clause at 252.232-7006, Wide Area
WorkFlow Payment Instructions, was changed to more clearly identify
WAWF as DoD's method to receive payment requests and receiving reports
and clarify language and to clarify instructions for completion of
clause fill-ins.
B. Analysis of Public Comments
1. Policies and Procedures
Comment: Several respondents identified an apparent inconsistency
with use of the term ``Senior Procurement Executive'' in the
Supplementary and Background information and the use of the term
``Service Procurement Executive'' in the proposed change to
232.7002(a)(6).
Response: The correct term is ``Senior Procurement Executive,''
which is incorporated into the final rule.
Comment: A respondent observed that language is confusing to the
reader, in both the proposed change to policy at 232.7002(a)(1) and the
existing clause at 252.232-7003, Electronic Submission of Payment
Requests and Receiving Reports, paragraph (c)(4). Specifically,
according to the respondent, the language is unclear that describes
what is and is not required to be submitted in electronic form for
payment requests and receiving reports when purchases are paid for
using a Governmentwide purchase card.
[[Page 38732]]
Response: The language of the final rule in both instances noted is
revised to reflect clarifying language as suggested by the respondent.
Comment: One respondent requested adding to the rule additional
procedures at 232.7003 to allow use of an existing Navy system, PayWeb,
for submitting and processing payment requests by universities and
nonprofits administered by Office of Naval Research Regional Office.
Response: Consideration of the respondent's comment resulted in no
change to the final rule. However, the Department of the Navy plans to
issue supplementary guidance to address PayWeb, a front-end system that
feeds Electronic Data Interchange to WAWF.
2. Wide Area WorkFlow Payment Instructions Clause
Comment: Three comments addressed paragraph (f)(1) of the clause.
One respondent identified that a listed document type is not an
allowable document for their office, and that there is a possible
conflict in language between this paragraph and the note that follows.
Another respondent provided two comments. First, issues were noted with
regard to possible scenarios resulting from ambiguous terminology and a
lack of identified procedures to address said scenarios. Second, the
respondent is unsure the reader will understand the intended use of the
note following the paragraph, and requested the note be clarified as to
its purpose and intended use.
Response: Regarding the concern of allowable document types,
applicable instructions to preclude possible conflicts have been
incorporated into the WAWF Web site. A link to the Web site is included
in the DFARS clause and in the Procedures Guidance and Information
(PGI) text. In addition, since it is the contracting officer who
inserts the document type into the clause, there should be no resultant
issue. Therefore, no change is made to the language of the rule as a
result of this comment.
In response to the concern regarding possible scenarios resulting
from ambiguous terminology of the text, the language in question is
deleted, leaving a clear statement. Likewise, deletion of this text
served to resolve the comment concerning the intended use of the note
following the paragraph.
Comment: Two respondents expressed concern with the Routing Data
Table at paragraph (f)(3). The respondents indicated that the table may
increase the workload of contracting personnel and increase the
opportunity for error and inconsistency. Also, the table may not
account for all circumstances.
Response: The Routing Data Table along with the instructions for
the contracting officer to complete the table is retained in the final
rule; however, several of the respondents' suggestions, which clarified
a number of table elements, are incorporated into the final rule. DoD
retained the Routing Data Table and instructions after considering the
following: (1) The possible variation in contract formats and types;
(2) the absence of a more acceptable place to identify the local
processing office in existing contracts; and (3) in order to increase
the ease of use and facilitate contractor compliance.
Comment: One respondent recommended revised language for paragraph
(f)(4) to strengthen the rule in consideration of future audits.
Response: The data requirements for documentation to be submitted
with specific actions are well defined elsewhere in the regulations
(e.g. DFARS Appendix F). Repeating those requirements again in the
clause would create redundancy and introduce the possibility of
conflict between updates to Appendix F and the clause language.
Comment: Two respondents observed that the clause language for
paragraph (g), Payment request follow-up, is not compatible with
current systems and does not provide complete information regarding
availability of invoice status.
Response: The paragraph (g) clause text is deleted since the
capability discussed is now provided for in WAWF. Therefore, inclusion
of the paragraph (g) text is not necessary.
Comment: Two respondents noted that paragraph (h), WAWF point of
contact, may not be appropriately included; or if included, a better
point of contact could be provided.
Response: Former paragraph (h), which is now paragraph (g) in the
final rule, is updated to include subparagraphs so that an additional
point of contact for technical issues, the WAWF helpdesk, is also
listed.
Comment: One respondent identified a disparity between language in
the existing clause at 252.232.7003, Electronic Submission of Payment
Requests and Receiving Reports, paragraph (b), and the proposed clause
paragraph (b) regarding ``preferred method'' versus ``contractor
shall''.
Response: WAWF is the DoD system to electronically process payment
requests and receiving reports, therefore the word ``preferred'' was
deleted in the final rule. Further, in this same paragraph (b);
language regarding alternate invoicing methods as agreed to by the
parties is also deleted. The remaining language demonstrates DoD's
effort to meet the intent of the E-Government Act and the Paperwork
Reduction Act in minimizing the number of ways contractors must
interact with the Government.
3. Definitions
Comment: The value of the definitions at paragraph (a) of the
proposed new clause at 252.232-70XX was questioned. The respondent
suggests deleting definitions from the clause as definitions are
provided as part of the referenced WAWF training.
Response: Definitions are customarily included in the DFARS clause
to ensure immediate understanding of the terminology of the clause. As
suggested, the definition of ``local processing office'' has been
edited to convey a generic application.
4. Prescription
Comment: Several comments addressed the proposed change to the
prescription at 232.7004(a) and following paragraphs (1) through (6).
The respondents expressed that paragraphs (1) through (6) as a whole
may be confusing to the reader regarding whether and when use of WAWF
is required or an exception applies.
Response: To alleviate potential confusion in the prescription at
232.7004(a), the proposed references to subparagraphs are deleted.
5. Web Site Links
Comment: A respondent stated that the Web site links provided were
not working for the new proposed clause at 252.232-70XX.
Response: The Web site links included for this final rule are
active and accurate.
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.
[[Page 38733]]
IV. Regulatory Flexibility Act
DoD expects that this rule may 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. Therefore, a Final
Regulatory Flexibility Analysis has been prepared and is summarized as
follows:
The rule incorporates WAWF's new capability of capturing receiving
reports for contracts paid with a Governmentwide commercial purchase
card and clarifies exceptions to the use of WAWF. The rule also
consolidates and standardizes instructions to contractors on how to use
the WAWF application. Furthermore, it eliminates locally defined
methods that, in some cases, cause confusion and inefficiencies. It
also incorporates the use of TEDS for medical services requiring Health
Insurance Portability and Accountability Act data not handled by WAWF.
DoD made small business awards to 47,000 companies in Fiscal Year
2011. With the exception of less than 7,000 companies that only
received awards paid with a purchase card, this rule will simplify
procedures by allowing contractors to use the same payment process and
systems for all DoD shipments.
This rule does not impose any new reporting or record keeping
requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. No significant alternatives have been identified that
would accomplish the stated objectives of this rule.
V. Paperwork Reduction Act
This rule does not impose any new 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).
List of Subjects in 48 CFR Parts 218, 232 and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 218, 232, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 218, 232, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 218--EMERGENCY ACQUISITIONS
0
2. Section 218.170(j) is revised to read as follows:
218.170 Additional acquisition flexibilities.
* * * * *
(j) Electronic submission and processing of payment requests.
Exceptions to the use of Wide Area WorkFlow are at 232.7002(a).
* * * * *
PART 232--CONTRACT FINANCING
0
3. Section 232.7002(a) is revised to read as follows:
232.7002 Policy.
(a)(1) Contractors shall submit payment requests and receiving
reports in electronic form, except for--
(i) Classified contracts or purchases when electronic submission
and processing of payment requests could compromise the safeguarding of
classified information or national security;
(ii) Contracts awarded by deployed contracting officers in the
course of military operations, including, but not limited to,
contingency operations as defined in 10 U.S.C. 101(a)(13) or
humanitarian or peacekeeping operations as defined in 10 U.S.C.
2302(8), or contracts awarded by contracting officers in the conduct of
emergency operations, such as responses to natural disasters or
national or civil emergencies, when access to Wide Area WorkFlow by
those contractors is not feasible;
(iii) Purchases to support unusual or compelling needs of the type
described in FAR 6.302-2, when access to Wide Area WorkFlow by those
contractors is not feasible;
(iv) Cases in which DoD is unable to receive payment requests or
possible acceptance in electronic form;
(v) Cases in which the contracting officer administering the
contract for payment has determined, in writing, that electronic
submission would be unduly burdensome to the contractor. In those
cases, the contracting officer administering the contract shall furnish
a copy of the determination to their Senior Procurement Executive; and
(2) When the Governmentwide commercial purchase card is used as the
method of payment, only submission of the receiving report in
electronic form is required.
* * * * *
0
4. Section 232.7003 is amended by revising paragraphs (b) and (c) to
read as follows:
232.7003 Procedures.
* * * * *
(b) For payment of commercial transportation services provided
under a Government rate tender or a contract for transportation
services, the use of a DoD-approved electronic third party payment
system or other exempted vendor payment/invoicing system (e.g.,
PowerTrack, Transportation Financial Management System, and Cargo and
Billing System) is permitted.
(c) For submitting and processing payment requests and receiving
reports for rendered health care services, use of TRICARE Encounter
Data System as the electronic format is permitted.
0
5. Section 232.7004 is revised to read as follows:
232.7004 Contract clauses.
(a) Except as provided in 232.7002(a), use the clause at 252.232-
7003, Electronic Submission of Payment Requests and Receiving Reports,
in solicitations and contracts.
(b) Use the clause at 252.232-7006, Wide Area WorkFlow Payment
Instructions, when 252.232-7003 is used and neither 232.7003 (b) nor
(c) apply. See PGI 232.7004 for instructions on completing the clause.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Section 252.232-7003 is amended--
0
a. In the introductory text by removing the reference ``232.7004'' and
adding in its place ``232.7004(a)'';
0
b. By removing the clause date ``(MAR 2008)'' and adding in its place
``(JUN 2012)'';
0
c. By adding paragraph (a)(4);
0
d. By removing paragraphs (c)(1) and (2);
0
(e) By redesignating paragraphs (c)(3) and (4) as paragraphs (c)(1) and
(2), respectively;
0
(f) By removing the word ``or'' at the end of newly redesignated
paragraph (c)(1);
0
(g) By removing the period at the end of newly redesignated paragraph
(c)(2) and adding a semicolon in its place; and
0
(h) By adding new paragraphs (c)(3) and (4).
The additions read as follows:
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports.
* * * * *
(a) * * *
(4) ``Receiving report'' means the data required by the clause at
252.246-7000, Material Inspection and Receiving Report.
* * * * *
[[Page 38734]]
(c) * * *
(3) DoD makes payment for rendered health care services using the
TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the
method of payment, only submission of the receiving report in
electronic form is required.
* * * * *
0
7. Section 252.232-7006 is added to read as follows:
252.232-7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six
position code that uniquely identifies a unit, activity, or
organization.
Document type means the type of payment request or receiving
report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for
payment certification when payment certification is done external to
the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to
electronically process vendor payment requests and receiving
reports, as authorized by DFARS 252.232-7003, Electronic Submission
of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in
the Central Contractor Registration at https://www.acquisition.gov;
and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following
the step-by-step procedures for self-registration available at this
Web site.
(d) WAWF training. The Contractor should follow the training
instructions of the WAWF Web-Based Training Course and use the
Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the ``Web Based Training''
link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions
may be via Web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor must use the
following information when submitting payment requests and receiving
reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following
document type(s).
-----------------------------------------------------------------------
(Contracting Officer: Insert applicable document type(s). Note: If a
``Combo'' document type is identified but not supportable by the
Contractor's business systems, an ``Invoice'' (stand-alone) and
``Receiving Report'' (stand-alone) document type may be used
instead.)
(2) Inspection/acceptance location. The Contractor shall select
the following inspection/acceptance location(s) in WAWF, as
specified by the contracting officer.
-----------------------------------------------------------------------
(Contracting Officer: Insert inspection and acceptance locations or
``Not applicable.'')
(3) Document routing. The Contractor shall use the information
in the Routing Data Table below only to fill in applicable fields in
WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
------------------------------------------------------------------------
Field Name in WAWF Data to be entered in WAWF
------------------------------------------------------------------------
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
------------------------------------------------------------------------
(*Contracting Officer: Insert applicable DoDAAC information or
``See schedule'' if multiple ship to/acceptance locations apply, or
``Not applicable.'')
(4) Payment request and supporting documentation. The Contractor
shall ensure a payment request includes appropriate contract line
item and subline item descriptions of the work performed or supplies
delivered, unit price/cost per unit, fee (if applicable), and all
relevant back-up documentation, as defined in DFARS Appendix F,
(e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the
email address identified below in the ``Send Additional Email
Notifications'' field of WAWF once a document is submitted in the
system.
-----------------------------------------------------------------------
(Contracting Officer: Insert applicable email addresses or ``Not
applicable.'')
(g) WAWF point of contact. (1) The Contractor may obtain
clarification regarding invoicing in WAWF from the following
contracting activity's WAWF point of contact.
-----------------------------------------------------------------------
(Contracting Officer: Insert applicable information or ``Not
applicable.'')
(2) For technical WAWF help, contact the WAWF helpdesk at 866-
618-5988.
(End of clause)
[FR Doc. 2012-15566 Filed 6-28-12; 8:45 am]
BILLING CODE 5001-06-P
