NASA Federal Acquisition Regulation Supplement: Revised Voucher and Invoice Submission & Payment Process (NFS Case 2017-N014), 13113-13115 [2018-05883]
Download as PDF
<![CDATA[
amozie on DSK30RV082PROD with RULES
Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations
• Is not expected to be an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994)
because it does not establish an
environmental health or safety standard.
In addition, this final rule is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
VerDate Sep<11>2014
17:36 Mar 26, 2018
Jkt 244001
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 29, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its enforce its requirements. (See
CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Commercial and
industrial solid waste incineration,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: March 22, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Subpart G is amended by revising
§ 62.1380 and adding §§ 62.1381 and
62.1382 to read as follows:
■
Identification of plan.
111(d) Plan for Commercial and
Industrial Solid Waste Incineration
Units and the associated State
regulation as it is incorporated in the
Code of Colorado Regulations (CCR)
under the Colorado Air Quality Control
Commission’s Standards of Performance
for New Stationary Sources, 5 CCR
1001–8, part A, subpart DDDD. The plan
and associated regulation were
submitted by the State on July 14, 2017.
§ 62.1381
Identification of sources.
The plan applies to each existing
commercial and industrial solid waste
incinerator unit and air curtain
incinerator in the State of Colorado that
commenced construction on or before
June 4, 2010, or commenced
modification or reconstruction after
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
June 4, 2010, but no later than August
7, 2013, as such incinerator units are
defined in § 60.2875 of 40 CFR part 60.
The plan applies only to units not
exempt under the conditions of
§ 60.2555 of that part.
§ 62.1382
Effective date.
The federally enforceable effective
date of the plan for commercial and
industrial solid waste incinerators is
April 26, 2018.
[FR Doc. 2018–06076 Filed 3–26–18; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1816, 1832, and 1852
RIN 2700–AE39
NASA Federal Acquisition Regulation
Supplement: Revised Voucher and
Invoice Submission & Payment
Process (NFS Case 2017–N014)
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
For the reasons stated in the
preamble, the EPA amends 40 CFR part
62 as set forth below:
§ 62.1380
13113
NASA is issuing a final rule
amending the NASA Federal
Acquisition Regulation Supplement
(NFS) to implement revisions to the
voucher and invoice submittal and
payment process.
DATES: Effective: April 26, 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
Geoffrey Sage, NASA HQ, Office of
Procurement, Contract and Grant Policy
Division, LP–011, 300 E. Street SW,
Washington, DC 20456–0001.
Telephone 202–358–2420; facsimile
202–358–3082.
SUPPLEMENTARY INFORMATION:
I. Background: NASA published a
proposed rule in the Federal Register at
82 FR 43511 on September 18, 2017, to
revise the NFS to implement revisions
to the voucher submittal and payment
process. These revisions are necessary
in order for NASA to comply with the
Office of Management and Budget
(OMB) issued Memorandum M–15–19,
which directed federal agencies to
transition to electronic invoicing for
appropriate federal procurements by the
end of fiscal year 2018. In Fiscal Year
2016, NASA revised their voucher
submission and payment process to
electronically process cost type
vouchers under cost-reimbursement
type contracts. As part of NASA’s goal
to have all contract payments processed
electronically by the end of fiscal year
2018, this rule revises NASA’s
submission and payment process to
SUMMARY:
E:\FR\FM\27MRR1.SGM
27MRR1
13114
Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations
have invoices for fixed price contracts
and fee vouchers for cost-type contracts
submitted electronically.
amozie on DSK30RV082PROD with RULES
II. Discussion
There were no public comments
submitted in response to the proposed
rule. The proposed rule has been
converted to a final rule, without
change.
III. Expected Cost Savings Based on
Implementation of This Rule
NASA processes approximately
55,000 invoices and vouchers per year.
Of this total population, per FPDS data
compiled between FY2014 through
FY2016, approximately 59% were
submitted by large business and 41%
were submitted by small businesses.
Roughly 13% of the total 55,000
invoices and vouchers submitted were
processed electronically through an
electronic eInvoicing Secure File
Transfer (SFT) and the remaining 87%
were processed manually by the NASA
Shared Services Center. With the
publication of this rule, NASA will be
processing the payment of all invoices
and vouchers electronically through an
electronic eInvoicing SFT.
Currently, when a payment is not
processed through an electronic
eInvoicing SFT, vendors must submit
invoices and vouchers via hardcopy,
email, or fax. The NASA Shared Service
Center transaction cost for manually
processing each invoice or voucher not
submitted electronically through an
electronic eInvoicing SFT is $2.11 per
submission. By adopting a 100%
electronic eInvoicing SFT process,
NASA can eliminate the manual
processing charge of approximately
$100,964 per year. In addition, NASA
anticipates that the transition to a 100%
electronic eInvoicing SFT process will
result in the reduction of late payment
interest charges. In FY2016, NASA paid
approximately $78,000 in late payment
interest charges. NASA estimates that it
will reduce the amount of late payment
interest charges by 50% upon the
elimination of the manual processing of
submitted invoices and vouchers due to
the efficiencies gained by utilizing the
electronic eInvoicing SFT process. By
combining the savings achieved from
moving to a 100% electronic eInvoicing
SFT processing of invoices and
vouchers and the reduction in the
amount of late payment charges the
estimated annualized cost savings for
the Government is $139,964.
The transition to a 100% electronic
eInvoicing SFT method of processing
invoices and vouchers will result in
contract administration savings for both
small and large businesses. It is
VerDate Sep<11>2014
17:36 Mar 26, 2018
Jkt 244001
estimated that .05 less hours will be
required to prepare and submit an
invoice or voucher electronically as
opposed to processing through a noneInvoicing method. Burdened labor rate
equivalent to the journeyman level was
used to estimate cost savings. Therefore,
NASA estimates that the submission of
invoices and vouchers through the
electronic eInvoicing SFT will result in
an estimated annualized cost savings for
the public of approximately $144,485.
The total annualized cost savings is
estimated at $284,449.
IV. Executive Order 13771
This final rule is considered an E.O.
13771 deregulatory action. Details can
be found in the ‘‘Expected Cost Savings
Based on Implementation of this Rule’’
section of the rule.
V. 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.
VI. Regulatory Flexibility Act
NASA does not expect this rule to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the guidance will not create
additional burden to the contractor but
rather the rule is intended to update the
current voucher and invoice submission
process at NASA resulting in fewer
voucher/invoice rejections, rework, and
payment delays. A final regulatory
flexibility analysis has been prepared
consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., and
is summarized as follows:
The purpose of this rule is to
implement revisions to the voucher and
invoice submittal and payment process.
These revisions are necessary in order
for NASA to comply with the Office of
Management and Budget (OMB) issued
Memorandum M–15–19, which directed
federal agencies to transition to
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
electronic invoicing for appropriate
federal procurements by the end of
fiscal year 2018.
No comments were received in
response to the initial regulatory
flexibility analysis.
This rule would apply to contractor
requests for payment under all contract
types. An analysis of data in the Federal
Procurement Data System (FPDS)
revealed that cost reimbursement and
fixed priced contracts are primarily
awarded to small businesses. FPDS data
compiled over the past three fiscal years
(FY2014 through FY2016) showed an
average of 76,675 NASA contract
actions, of which 45,011 (approximately
59%) were awarded to small businesses.
However, there is no significant
economic or administrative cost impact
to small or large businesses because the
rule will have a positive benefit in the
way of fewer voucher rejections, rework,
and payment delays since all of the fee
vouchers and invoices that were
previously processed manually will be
processed electronically.
In FY16, NASA processed
approximately 55,000 vendor payment
requests (invoice/voucher), which are
currently received by various means
(70% by email, 15% by mail, 2% by fax,
13% by an electronic eInvoicing SFT).
NASA’s current payment request
process for fee vouchers and invoices
requires manual intervention at almost
every step in the process. Manual
intervention decreases speed and
accuracy and adds to the cost per
invoice/voucher. This rule will further
automate the processing of contract
payments thus reducing processing
delays, input errors, rework, interest
penalties, which all add to the cost to
process each invoice and voucher.
There are no new reporting
requirements, recordkeeping, or other
compliance requirements.
There are no significant alternatives
that could further minimize the already
minimal impact on businesses, small or
large.
VII. Paperwork Reduction Act
The rule does not contain any
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 1816,
1832, and 1852
Government procurement.
Geoffrey S. Sage,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1816, 1832,
and 1852 are amended as follows:
E:\FR\FM\27MRR1.SGM
27MRR1
Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations
■
1. The authority citation for parts
1816, 1832 and 1852 continues to read
as follows:
(6) Cost summary of the status of all
task orders issued under the contract.
(7) Invoice number.
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
Alternate II (APR 2018)
As prescribed in 1816.506–70(b),
insert the following paragraph (i):
(i) Contractor shall submit progress
reports, as required. When required, the
reports shall contain, at a minimum, the
following information:
(1) Contract number, task order
number, and date of the order.
(2) Price and billed amounts to date
for each task order.
(3) Significant issues/problems
associated with the task order.
(4) Status of all task orders issued
under the contract.
(5) Invoice number.
*
*
*
*
*
■ 5. Amend section 1852.232–80 by—
■ a. Revising clause title and date;
■ b. In paragraph (b), removing the
words ‘‘submit all vouchers
electronically using’’ and adding the
words ‘‘submit all vouchers and
invoices using’’ in its place;
■ c. Revising paragraphs (c),(d), and (e).
The revisions read as follows:
PART 1816—TYPES OF CONTRACTS
2. Revise 1816.506–70 to read as
follows:
■
1816.506–70
NASA contract clause.
Insert the clause at 1852.216–80, Task
Ordering Procedure, in solicitations and
contracts when an indefinite-delivery,
task order contract is contemplated. The
clause is applicable to both fixed-price
and cost-reimbursement type contracts.
The contracting officer shall use the
clause with its—
(a) Alternate I, if the cost type, fixed
price with prospective price
redetermination, or fixed-price
incentive contract does not include a
NASA Form 533M reporting
requirements; or
(b) Alternate II, if a fixed price
contract is contemplated.
PART 1832—CONTRACT FINANCING
1852.232–80 Submission of vouchers/
invoices for payment.
3. Revise 1832.908–70 to read as
follows:
■
1832.908–70
invoices.
[Amended]
4. Amend 1852.216–80 by revising
ALTERNATE I and adding ALTERNATE
II to read as follows:
*
*
Task ordering procedure.
*
*
amozie on DSK30RV082PROD with RULES
Alternate I (APR 2018)
As prescribed in 1816.506–70(a),
insert the following paragraph (i):
(i) Contractor shall submit progress
reports, as required. When required, the
reports shall contain, at a minimum, the
following information:
(1) Contract number, task order
number, and date of the order.
(2) Total estimated dollar amount of
task order(s).
(3) Cost and hours incurred to date for
each issued task order.
(4) Costs and hours estimated to
complete each issued task order.
(5) Significant issues/problems
associated with a task order.
VerDate Sep<11>2014
17:36 Mar 26, 2018
Jkt 244001
*
*
*
*
[FR Doc. 2018–05883 Filed 3–26–18; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
*
■
*
*
Submission of Vouchers/Invoices for
Payment (APR 2018)
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1852.216–80
(B) A reconciliation of all billed and earned
fee.
(C) A clear explanation of the fee
calculations.
(d) Non-electronic payment requests. The
Contractor may submit a non-electronic
voucher/invoice using the steps for nonelectronic payment requests described at
https://www.nssc.nasa.gov/vendorpayment,
when any of the following conditions are
met:
(1) The Contracting Officer administering
the contract for payment has determined, in
writing, that electronic submission would be
unduly burdensome to the Contractor.
(2) The contract includes provisions
allowing the contractor to submit vouchers or
invoices using the steps for non-electronic
payment. In such instances the Contractor
agrees to submit non-electronic payment
requests using the method or methods
specified in Section G of the contract.
(e) Improper vouchers/invoices. The NSSC
Payment Office will notify the contractor of
any apparent error, defect, or impropriety in
a voucher/invoice within seven calendar
days of receipt by the NSSC Payment Office.
Inquiries regarding requests for payment
should be directed to the NSSC as specified
in paragraph (b) of this section.
As prescribed in 1832.908–70, insert
the following clause:
Submission of vouchers/
Insert clause 1852.232–80,
Submission of Vouchers/Invoices for
Payment, in all solicitations and
contracts.
1852.216–80
13115
50 CFR Part 679
*
*
*
*
(c) Payment requests.
(1) The payment periods are stipulated in
the payment clause(s) contained in this
contract.
(2) Vouchers submitted under cost type
contracts and invoices submitted under
fixed-price contracts shall include the items
delineated in FAR 32.905(b) supported by
relevant back-up documentation. Back-up
documentation shall include at a minimum,
the following information:
(i) Vouchers.
(A) Breakdown of billed labor costs and
associated contractor generated supporting
documentation for billed direct labor costs to
include rates used and number of hours
incurred.
(B) Breakdown of billed other direct costs
(ODCs) and associated contractor generated
supporting documentation for billed ODCs.
(C) Indirect rate(s) used to calculate the
amount of billed indirect expenses.
(D) Progress reports, as required.
(ii) Invoices.
(A) Description of goods and services
delivered as part of the contract’s terms and
conditions, including the dates of delivery/
performance.
(B) Progress reports, as required.
(C) Date goods and services were
performed.
(iii) Fee vouchers.
(A) Listing of all provisionally-billed fee by
period or date earned since contract award.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
[Docket No. 170816769–8162–02]
RIN 0648–XG077
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 620 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock in Statistical Area
620 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the B season allowance of the 2018 total
allowable catch of pollock for Statistical
Area 620 in the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 23, 2018,
through 1200 hours, A.l.t., May 31,
2018.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
SUPPLEMENTARY INFORMATION:
E:\FR\FM\27MRR1.SGM
27MRR1
]]>Agencies
[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Rules and Regulations]
[Pages 13113-13115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05883]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1816, 1832, and 1852
RIN 2700-AE39
NASA Federal Acquisition Regulation Supplement: Revised Voucher
and Invoice Submission & Payment Process (NFS Case 2017-N014)
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NASA is issuing a final rule amending the NASA Federal
Acquisition Regulation Supplement (NFS) to implement revisions to the
voucher and invoice submittal and payment process.
DATES: Effective: April 26, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Geoffrey Sage, NASA HQ, Office of
Procurement, Contract and Grant Policy Division, LP-011, 300 E. Street
SW, Washington, DC 20456-0001. Telephone 202-358-2420; facsimile 202-
358-3082.
SUPPLEMENTARY INFORMATION:
I. Background: NASA published a proposed rule in the Federal
Register at 82 FR 43511 on September 18, 2017, to revise the NFS to
implement revisions to the voucher submittal and payment process. These
revisions are necessary in order for NASA to comply with the Office of
Management and Budget (OMB) issued Memorandum M-15-19, which directed
federal agencies to transition to electronic invoicing for appropriate
federal procurements by the end of fiscal year 2018. In Fiscal Year
2016, NASA revised their voucher submission and payment process to
electronically process cost type vouchers under cost-reimbursement type
contracts. As part of NASA's goal to have all contract payments
processed electronically by the end of fiscal year 2018, this rule
revises NASA's submission and payment process to
[[Page 13114]]
have invoices for fixed price contracts and fee vouchers for cost-type
contracts submitted electronically.
II. Discussion
There were no public comments submitted in response to the proposed
rule. The proposed rule has been converted to a final rule, without
change.
III. Expected Cost Savings Based on Implementation of This Rule
NASA processes approximately 55,000 invoices and vouchers per year.
Of this total population, per FPDS data compiled between FY2014 through
FY2016, approximately 59% were submitted by large business and 41% were
submitted by small businesses. Roughly 13% of the total 55,000 invoices
and vouchers submitted were processed electronically through an
electronic eInvoicing Secure File Transfer (SFT) and the remaining 87%
were processed manually by the NASA Shared Services Center. With the
publication of this rule, NASA will be processing the payment of all
invoices and vouchers electronically through an electronic eInvoicing
SFT.
Currently, when a payment is not processed through an electronic
eInvoicing SFT, vendors must submit invoices and vouchers via hardcopy,
email, or fax. The NASA Shared Service Center transaction cost for
manually processing each invoice or voucher not submitted
electronically through an electronic eInvoicing SFT is $2.11 per
submission. By adopting a 100% electronic eInvoicing SFT process, NASA
can eliminate the manual processing charge of approximately $100,964
per year. In addition, NASA anticipates that the transition to a 100%
electronic eInvoicing SFT process will result in the reduction of late
payment interest charges. In FY2016, NASA paid approximately $78,000 in
late payment interest charges. NASA estimates that it will reduce the
amount of late payment interest charges by 50% upon the elimination of
the manual processing of submitted invoices and vouchers due to the
efficiencies gained by utilizing the electronic eInvoicing SFT process.
By combining the savings achieved from moving to a 100% electronic
eInvoicing SFT processing of invoices and vouchers and the reduction in
the amount of late payment charges the estimated annualized cost
savings for the Government is $139,964.
The transition to a 100% electronic eInvoicing SFT method of
processing invoices and vouchers will result in contract administration
savings for both small and large businesses. It is estimated that .05
less hours will be required to prepare and submit an invoice or voucher
electronically as opposed to processing through a non-eInvoicing
method. Burdened labor rate equivalent to the journeyman level was used
to estimate cost savings. Therefore, NASA estimates that the submission
of invoices and vouchers through the electronic eInvoicing SFT will
result in an estimated annualized cost savings for the public of
approximately $144,485.
The total annualized cost savings is estimated at $284,449.
IV. Executive Order 13771
This final rule is considered an E.O. 13771 deregulatory action.
Details can be found in the ``Expected Cost Savings Based on
Implementation of this Rule'' section of the rule.
V. 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.
VI. Regulatory Flexibility Act
NASA does not expect this rule to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the
guidance will not create additional burden to the contractor but rather
the rule is intended to update the current voucher and invoice
submission process at NASA resulting in fewer voucher/invoice
rejections, rework, and payment delays. A final regulatory flexibility
analysis has been prepared consistent with the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., and is summarized as follows:
The purpose of this rule is to implement revisions to the voucher
and invoice submittal and payment process. These revisions are
necessary in order for NASA to comply with the Office of Management and
Budget (OMB) issued Memorandum M-15-19, which directed federal agencies
to transition to electronic invoicing for appropriate federal
procurements by the end of fiscal year 2018.
No comments were received in response to the initial regulatory
flexibility analysis.
This rule would apply to contractor requests for payment under all
contract types. An analysis of data in the Federal Procurement Data
System (FPDS) revealed that cost reimbursement and fixed priced
contracts are primarily awarded to small businesses. FPDS data compiled
over the past three fiscal years (FY2014 through FY2016) showed an
average of 76,675 NASA contract actions, of which 45,011 (approximately
59%) were awarded to small businesses. However, there is no significant
economic or administrative cost impact to small or large businesses
because the rule will have a positive benefit in the way of fewer
voucher rejections, rework, and payment delays since all of the fee
vouchers and invoices that were previously processed manually will be
processed electronically.
In FY16, NASA processed approximately 55,000 vendor payment
requests (invoice/voucher), which are currently received by various
means (70% by email, 15% by mail, 2% by fax, 13% by an electronic
eInvoicing SFT). NASA's current payment request process for fee
vouchers and invoices requires manual intervention at almost every step
in the process. Manual intervention decreases speed and accuracy and
adds to the cost per invoice/voucher. This rule will further automate
the processing of contract payments thus reducing processing delays,
input errors, rework, interest penalties, which all add to the cost to
process each invoice and voucher.
There are no new reporting requirements, recordkeeping, or other
compliance requirements.
There are no significant alternatives that could further minimize
the already minimal impact on businesses, small or large.
VII. Paperwork Reduction Act
The rule does not contain any 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 1816, 1832, and 1852
Government procurement.
Geoffrey S. Sage,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1816, 1832, and 1852 are amended as
follows:
[[Page 13115]]
0
1. The authority citation for parts 1816, 1832 and 1852 continues to
read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
PART 1816--TYPES OF CONTRACTS
0
2. Revise 1816.506-70 to read as follows:
1816.506-70 NASA contract clause.
Insert the clause at 1852.216-80, Task Ordering Procedure, in
solicitations and contracts when an indefinite-delivery, task order
contract is contemplated. The clause is applicable to both fixed-price
and cost-reimbursement type contracts. The contracting officer shall
use the clause with its--
(a) Alternate I, if the cost type, fixed price with prospective
price redetermination, or fixed-price incentive contract does not
include a NASA Form 533M reporting requirements; or
(b) Alternate II, if a fixed price contract is contemplated.
PART 1832--CONTRACT FINANCING
0
3. Revise 1832.908-70 to read as follows:
1832.908-70 Submission of vouchers/invoices.
Insert clause 1852.232-80, Submission of Vouchers/Invoices for
Payment, in all solicitations and contracts.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.216-80 [Amended]
0
4. Amend 1852.216-80 by revising ALTERNATE I and adding ALTERNATE II to
read as follows:
1852.216-80 Task ordering procedure.
* * * * *
Alternate I (APR 2018)
As prescribed in 1816.506-70(a), insert the following paragraph
(i):
(i) Contractor shall submit progress reports, as required. When
required, the reports shall contain, at a minimum, the following
information:
(1) Contract number, task order number, and date of the order.
(2) Total estimated dollar amount of task order(s).
(3) Cost and hours incurred to date for each issued task order.
(4) Costs and hours estimated to complete each issued task order.
(5) Significant issues/problems associated with a task order.
(6) Cost summary of the status of all task orders issued under the
contract.
(7) Invoice number.
Alternate II (APR 2018)
As prescribed in 1816.506-70(b), insert the following paragraph
(i):
(i) Contractor shall submit progress reports, as required. When
required, the reports shall contain, at a minimum, the following
information:
(1) Contract number, task order number, and date of the order.
(2) Price and billed amounts to date for each task order.
(3) Significant issues/problems associated with the task order.
(4) Status of all task orders issued under the contract.
(5) Invoice number.
* * * * *
0
5. Amend section 1852.232-80 by--
0
a. Revising clause title and date;
0
b. In paragraph (b), removing the words ``submit all vouchers
electronically using'' and adding the words ``submit all vouchers and
invoices using'' in its place;
0
c. Revising paragraphs (c),(d), and (e).
The revisions read as follows:
1852.232-80 Submission of vouchers/invoices for payment.
As prescribed in 1832.908-70, insert the following clause:
Submission of Vouchers/Invoices for Payment (APR 2018)
* * * * *
(c) Payment requests.
(1) The payment periods are stipulated in the payment clause(s)
contained in this contract.
(2) Vouchers submitted under cost type contracts and invoices
submitted under fixed-price contracts shall include the items
delineated in FAR 32.905(b) supported by relevant back-up
documentation. Back-up documentation shall include at a minimum, the
following information:
(i) Vouchers.
(A) Breakdown of billed labor costs and associated contractor
generated supporting documentation for billed direct labor costs to
include rates used and number of hours incurred.
(B) Breakdown of billed other direct costs (ODCs) and associated
contractor generated supporting documentation for billed ODCs.
(C) Indirect rate(s) used to calculate the amount of billed
indirect expenses.
(D) Progress reports, as required.
(ii) Invoices.
(A) Description of goods and services delivered as part of the
contract's terms and conditions, including the dates of delivery/
performance.
(B) Progress reports, as required.
(C) Date goods and services were performed.
(iii) Fee vouchers.
(A) Listing of all provisionally-billed fee by period or date
earned since contract award.
(B) A reconciliation of all billed and earned fee.
(C) A clear explanation of the fee calculations.
(d) Non-electronic payment requests. The Contractor may submit a
non-electronic voucher/invoice using the steps for non-electronic
payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:
(1) The Contracting Officer administering the contract for
payment has determined, in writing, that electronic submission would
be unduly burdensome to the Contractor.
(2) The contract includes provisions allowing the contractor to
submit vouchers or invoices using the steps for non-electronic
payment. In such instances the Contractor agrees to submit non-
electronic payment requests using the method or methods specified in
Section G of the contract.
(e) Improper vouchers/invoices. The NSSC Payment Office will
notify the contractor of any apparent error, defect, or impropriety
in a voucher/invoice within seven calendar days of receipt by the
NSSC Payment Office. Inquiries regarding requests for payment should
be directed to the NSSC as specified in paragraph (b) of this
section.
* * * * *
[FR Doc. 2018-05883 Filed 3-26-18; 8:45 am]
BILLING CODE 7510-13-P
