Defense Federal Acquisition Regulation Supplement: Electronic Submission and Processing of Payment Requests and Receiving Reports (DFARS Case 2016-D032), 30661-30666 [2018-14063]
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I. Background
proposed rule that would meet the
proposed objectives.
DEPARTMENT OF DEFENSE
VI. Paperwork Reduction Act
Defense Acquisition Regulations
System
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 217 and
252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
1. The authority citation for parts 217
and 252 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 217—SPECIAL CONTRACTING
METHODS
217.208–70
[Amended]
2. In section 217.208–70, amend
paragraph (b)(1), by removing
‘‘percentage’’ and adding ‘‘percentage or
quantity’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 252.217–7001 by—
■ a. Removing the clause date of ‘‘(AUG
1992)’’ and adding ‘‘(DATE)’’ in its
place;
■ b. Revising paragraph (a)(1);
■ c. In paragraph (b)(1), removing
‘‘Production Surge Plan (DI–MGMT)’’
and adding ‘‘(Capabilities Analysis Plan
(CAP)’’ in its place; and
■ d. In paragraph (b)(2), removing
‘‘Production Surge Plan’’ and adding
‘‘CAP’’ in its place.
The revision reads as follows:
■
252.217–7001
Surge Option.
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(a) * * *
(1) Increase the quantity of supplies or
services called for under this contract by
no more than ll percent or ll
[insert quantity and description of
services or supplies to be increased];
and/or
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[FR Doc. 2018–14040 Filed 6–28–18; 8:45 am]
BILLING CODE 5001–06–P
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48 CFR Parts 232, 246, 252, and
Appendix F to Chapter 2
[Docket DARS–2018–0037]
RIN 0750–AJ44
Defense Federal Acquisition
Regulation Supplement: Electronic
Submission and Processing of
Payment Requests and Receiving
Reports (DFARS Case 2016–D032)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
Therefore, 48 CFR parts 217 and 252
are proposed to be amended as follows:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
clarify policies and procedures for
submission of payment requests and
receiving reports in electronic form.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 28, 2018, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2016–D032,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2016–D032.’’ Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2016–D032’’ on any attached
documents.
• Email: osd.dfars@mail.mil. Include
DFARS Case 2016–D032 in the subject
line of the message.
• Fax: 571–372–6094.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer
D. Johnson, OUSD (A&S) DPAP/DARS,
Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately 2 to 3 days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, telephone 571–
372–6100.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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This proposed rule clarifies and,
where necessary, updates policies and
procedures for providing electronic
payment-related documents and for
processing payment requests and
receiving reports in Wide Area
WorkFlow (WAWF). Title 10 of the
United States Code (U.S.C.), section
2227, Electronic Submission and
Processing of Claims for Contract
Payments, requires that any claim for
payment under a DoD contract be in
electronic format. If electronic
submission is unduly burdensome, 10
U.S.C. 2227 allows an exemption. DoD
published a final rule in the Federal
Register at 77 FR 38731 on June 29,
2012 (DFARS Case 2011–D027), to
update DFARS policies and procedures
for electronic submission of payment
requests and receiving reports and
established WAWF as the accepted DoD
system for processing invoices and
receiving reports.
Some contractors have been
prevented from using WAWF for some
contracts because of a misinterpretation
of the exemptions in DFARS subpart
232.70, Electronic Submission and
Processing of Payment Requests and
Receiving Reports. This proposed rule
clarifies those exemptions and allows
contractors to request permission from
the contracting officer, in writing, to
submit payment requests and receiving
reports using temporary alternative
methods, other than in electronic form.
II. Discussion and Analysis
DoD is proposing to amend DFARS
parts 232, 246, 252, and Appendix F to
clarify and, where necessary, update the
policies and procedures for electronic
submission of payment requests and
receiving reports. The following is a
summary of the proposed changes:
• DFARS subpart 232.70, Electronic
Submission and Processing of Payment
Requests and Receiving Reports.
Definitions of the terms ‘‘electronic
form,’’ ‘‘payment request,’’ and
‘‘receiving report’’ are inserted in their
entirety in lieu of the reference stating
that the terms are defined in the clause
at DFARS 252.232–7003, Electronic
Submission of Payment Requests. The
policy on exceptions to submission of
payment requests in electronic form is
clarified by deleting the current list of
exceptions at DFARS 232.7002(a)(ii) and
providing a more general exception for
cases in which contractor submission of
electronic payment requests is not
feasible (e.g., when contract
performance is in a contingency or
austere environment where internet
connectivity is not available). This
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clarification is necessary to ensure that
the exceptions at DFARS 232.7002(a)(ii)
are not interpreted as prohibitions
against use or submission of payment
requests in WAWF. The current
language at DFARS 232.7002(a)(ii) is
clear in that the use of WAWF is
required unless access to WAWF by
contractors is not feasible. The revised
language in this rule does not change
that basic policy. In addition, other text
is relocated within the subpart in order
to separate policy from procedures.
• DFARS 246.370, Material
Inspection and Receiving Report. This
section, which contains the prescription
for the clause at DFARS 252.246–7000,
Material Inspection and Receiving
Reports, is deleted, because the clause is
being deleted.
• DFARS 246.471, Authorizing
Shipment of Supplies. This section is
revised to prevent the use of alternative
procedures (e.g., allowing the contractor
to release supplies for shipment) for
foreign military sales contracts. Use of
alternative procedures results in no
signed receiving report with the packing
list, which delays the shipment
significantly and may lead to
termination of the contract for
convenience.
• DFARS 252.232–7003, Electronic
Submission and Processing of Payment
Requests and Receiving Reports. This
clause is revised to clarify that a
contractor may use methods other than
WAWF to submit a payment request and
receiving report when the contracting
officer has authorized and provided
instructions for the use of nonelectronic
methods in the contract administration
data section of the contract. The
requirement for contractors to submit a
receiving report at the time of each
delivery of supplies or services under a
contract is relocated to this clause from
DFARS 252.246–7000, which is being
deleted. In addition, policy statements
are removed from the definition of
‘‘electronic form;’’ and in the definition
of ‘‘receiving report,’’ a reference to the
deleted clause 252.246–7000 is replaced
with a reference to DFARS Appendix F,
Material Inspection and Receiving
Report.
• DFARS 252.232–7006, Wide Area
WorkFlow Payment Instructions. This
clause is revised to clarify the type of
payment request to be used for cost-type
line items, fixed-price line items, and
various contract financing payments.
The use of the WAWF ‘‘combo’’
document type and the use of
Department of Defense Activity Address
Codes are also clarified. The
requirement to ensure a receiving report
complies with DFARS Appendix F is
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relocated to this clause from DFARS
252.246–7000, which is being deleted.
• DFARS 252.246–7000, Material
Inspection and Receiving Report. This
clause is deleted in its entirety because
its procedures predate the WAWF
automated procedures and processes.
Therefore, much of this clause is now
obsolete. The relevant text has been
relocated to DFARS 252.232–7003,
Electronic Submission and Processing of
Payment Requests and Receiving
Reports.
• Appendix F: Material Inspection
and Receiving Report. This appendix is
revised to remove a reference to the
deleted clause 242.246–7000, to clarify
the requirement to enter unit prices on
WAWF receiving reports, and to include
the requirement to enter estimated
prices for foreign military sales
shipments if actual prices are not
available. Invoice submission and
packing list instructions are also
clarified.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule proposes to amend the
clauses at DFARS 252.232–7003,
Electronic Submission and Processing of
Payment Requests and Receiving
Reports, and 252.232–7006, Wide Area
WorkFlow Payment Instructions. The
objective of the rule is to clarify and,
where necessary, update the policies
and procedures for electronic
submission of payment requests and
receiving reports and amends the two
clauses listed below.
DoD plans to continue to apply both
clauses to contracts at or below the SAT
and to the acquisition of commercial
items, including COTS items, as defined
at FAR 2.101. This rule clarifies and
updates policies and procedures for
electronic submission of payment
requests and receiving reports. Not
applying this guidance to contracts at or
below the SAT and for the acquisition
of commercial items, including COTS
items, would exclude contracts
intended to be covered by this rule and
undermine the overarching purpose of
the rule. Consequently, DoD plans to
apply the rule to contracts at or below
the SAT and for the acquisition of
commercial items, including COTS
items.
IV. 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
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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, 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.
V. Executive Order 13771
This rule is not an E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs, regulatory action,
because this rule is not significant under
E.O. 12866.
VI. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act 5 U.S.C. 601
et seq., because the basic requirement
for electronic invoicing (a statutory
requirement under 10 U.S.C. 2227)
already exists. However, an initial
regulatory flexibility analysis has been
performed.
The objective of the rule is to clarify
and, where necessary, update policies
and procedures for submission of
payment requests and receiving reports
in electronic form, which is
accomplished through Wide Area
WorkFlow (WAWF). The requirement
for DoD contractors to submit payment
requests in electronic form is already a
requirement in existing DFARS clauses.
This rule clarifies the exemptions in
DFARS subpart 232.70, Electronic
Submission and Processing of Payment
Requests and Receiving Reports.
In fiscal year 2016, approximately
71,910 small businesses were registered
to use WAWF.
This rule allows contractors to request
permission, in writing, to submit
payment requests and receiving reports
using methods other than WAWF. Most
small businesses that are DoD
contractors are expected to prefer
WAWF over other methods because of
the advantages of using WAWF.
Therefore, DoD estimates that
approximately 70 small businesses may
submit, on an annual basis, one request
each for use of a temporary alternative
method of submission of payment
requests and receiving reports.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no known significant
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alternative approaches to the rule that
would meet the requirements.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities. DoD will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(DFARS Case 2016–D032), in
correspondence.
VIII. Paperwork Reduction Act
The paperwork Reduction Act (44
U.S.C. chapter 35) does apply; however,
these proposed changes to the DFARS
do not impose additional information
collection requirements to the
paperwork burden previously approved
under Office of Management and Budget
(OMB) Control Number 0704–0248,
Defense Federal Acquisition Regulation
Supplement, Appendix F, Inspection
and Receiving Report.
List of Subjects in 48 CFR Parts 232,
246, 252, and Appendix F to Chapter 2
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 232, 246, 252,
and appendix F to chapter 2 are
proposed to be amended as follows:
1. The authority citation for parts 232,
246, 252, and appendix F to chapter 2
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 232—CONTRACT FINANCING
2. Revise section 232.7001 to read as
follows:
■
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232.7001
Definitions.
As used in this subpart—
Electronic form means any automated
system that transmits information
electronically from the initiating system
to affected systems.
Payment request means any request
for contract financing payment or
invoice payment submitted by the
contractor under a contract or task or
delivery order.
Receiving report means the data
prepared in the manner and to the
extent required by Appendix F, Material
Inspection and Receiving Report, of the
DFARS.
■ 3. Revise section 232.7002 to read as
follows:
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232.7002
Policy.
(a) Payment requests and receiving
reports are required to be submitted in
electronic form, except for—
(1) Classified contracts or purchases
when electronic submission and
processing of payment requests and
receiving reports could compromise the
safeguarding of classified information or
national security;
(2) Cases in which contractor
submission of electronic payment
requests and receiving reports is not
feasible (e.g., when contract
performance is in an environment
where internet connectivity is not
available);
(3) Cases in which DoD is unable to
receive payment requests or provide
acceptance in electronic form;
(4) Cases in which [the contractor has
requested permission in writing to
submit payment requests and receiving
reports by nonelectronic means, and]
the contracting officer [has provided
instructions for a temporary alternative
method of submission of payment
requests and receiving reports in the
contract administration data section of
the contract or task or delivery order
(e.g., section G, an addendum to FAR
52.212–4, or applicable clause); and
(5) When the Governmentwide
commercial purchase card is used as the
method of payment, only submission of
the receiving report in electronic form is
required.
(b)(1) The only acceptable electronic
form for submission of payment
requests and receiving reports is Wide
Area WorkFlow (https://wawf.eb.mil/),
except as follows:
(i) For payment of commercial
transportation services provided under a
Government rate tender, contract, or
task or delivery order 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.
(ii) For submitting and processing
payment requests and receiving reports
for contracts or task or delivery orders
for rendered health care services, the
use of TRICARE Encounter Data System
as the electronic form is permitted.
(2) Facsimile, email, and scanned
documents are not acceptable electronic
forms of payment requests or receiving
reports.
■ 4. Revise section 232.7003 to read as
follows:
232.7003
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the payment requests in electronic form.
The WAWF system provides the method
to electronically process payment
requests and receiving reports.
(1) Documents necessary for payment,
such as receiving reports, invoice
approvals, contracts, contract
modifications, and required
certifications, shall also be processed in
electronic form.
(2) Scanned documents and other
commonly used file formats are only
acceptable for processing supporting
documentation.
(b) If one of the exceptions to
submission in electronic form at
232.7002(a) applies, the contracting
officer shall—
(1) Consult the payment office and the
contract administration office regarding
the alternative method to be used for
submission of payment requests or
receiving reports (e.g., facsimile or
conventional mail); and
(2) Provide procedures for invoicing
in the contract administration data
section of the contract or task or
delivery order (e.g., section G, an
addendum to FAR 52.212–4, or
applicable clause) for submission of
invoices by nonelectronic means. If
submission of invoices by nonelectronic
means is temporary, the procedures
should specify the time period for
which they apply.
■ 5. Revise section 232.7004 to read as
follows:
232.7004
Contract clauses.
(a) Unless an exception to submission
in electronic form at 232.7002(a) applies
and instructions for invoices are
contained in the contract administration
data section of the contract or task or
delivery order, use the clause at
252.232–7003, Electronic Submission of
Payment Requests and Receiving
Reports, in solicitations and contracts,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items.
(b) Use the clause at 252.232–7006,
Wide Area WorkFlow Payment
Instructions, in solicitations and
contracts or task or delivery orders,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items, when
252.232–7003 is used and none of the
exceptions at 232.7002(b)(1) apply. See
PGI 232.7004 for instructions on
completing the clause.
PART 246—QUALITY ASSURANCE
Procedures.
(a) DoD officials receiving payment
requests in electronic form shall process
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246.370
■
[Removed]
6. Remove section 246.370.
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246.371 [Redesignated as 246.370 and
Amended]
6. Redesignate section 246.371 as
section 246.370 and remove ‘‘PGI
246.371’’ and add ‘‘PGI 246.370’’ in its
place.
■ 7. Amend section 246.471 by—
■ a. Redesignating paragraphs (b)(2) and
(3) as paragraphs (b)(3) and (4);
■ b. In the newly redesignated
paragraph (b)(3), removing ‘‘paragraph
(b)(1)’’ and adding ‘‘paragraph (b)(2)’’ in
its place.
■ c. Redesignating paragraph (b)(1) as
paragraph (b)(2); and
■ d. Adding a new paragraph (b)(1) to
read as follows:
■
246.471
Authorizing shipment of supplies.
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(b) * * *
(1) For foreign military sales (FMS)
contracts, do not use alternative
procedures.
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PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
8. Revise section 252.232–7003 to
read as follows:
■
252.232–7003 Electronic Submission of
Payment Requests and Receiving Reports.
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As prescribed in 232.7004(a), use the
following clause:
Electronic Submission of Payment Requests
and Receiving Reports (Date)
(a) Definitions. As used in this clause—
Contract financing payment and invoice
payment have the meanings given in section
32.001 of the Federal Acquisition Regulation.
Electronic form means any automated
system that transmits information
electronically from the initiating system to
affected systems.
Payment request means any request for
contract financing payment or invoice
payment submitted by the Contractor under
this contract or task or delivery order.
Receiving report means the data prepared
in the manner and to the extent required by
Appendix F, Material Inspection and
Receiving Report, of the Defense Federal
Acquisition Regulation Supplement.
(b) Except as provided in paragraph (d) of
this clause, the Contractor shall submit
payment requests and receiving reports in
electronic form using Wide Area WorkFlow
(WAWF). The Contractor shall prepare and
furnish to the Government a receiving report
at the time of each delivery of supplies or
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services under this contract or task or
delivery order.
(c) Submit payment requests and receiving
reports to WAWF in one of the following
electronic formats—
(1) Electronic Data Interchange;
(2) Secure File Transfer Protocol; or
(3) Direct input through the WAWF
website.
(d) The Contractor may submit a payment
request and receiving report using methods
other than WAWF only when—
(1) The Contractor has requested
permission in writing to do so, and the
Contracting Officer has provided instructions
for a temporary alternative method of
submission of payment requests and
receiving reports in the contract
administration data section of this contract or
task or delivery order;
(2) DoD makes payment for commercial
transportation services provided under a
Government rate tender or a contract for
transportation services using 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);
(3) DoD makes payment on a contract or
task or delivery order for rendered health
care services using the TRICARE Encounter
Data System; or
(4) The Governmentwide commercial
purchase card is used as the method of
payment, in which case submission of only
the receiving report in WAWF is required.
(e) Information regarding WAWF is
available at https://wawf.eb.mil/.
(f) In addition to the requirements of this
clause, the Contractor shall meet the
requirements of the appropriate payment
clauses in this contract when submitting
payment requests.
(End of clause)
■ 9. Amend section 252.232–7006 by—
■ a. Removing the clause date of ‘‘(MAY
2013)’’ and adding ‘‘(DATE)’’ in its
place;
■ b. In paragraph (b), removing ‘‘system
is’’ and ‘‘DFARS 252.232–7003’’ and
adding ‘‘system provides’’ and ‘‘Defense
Federal Acquisition Regulation System
(DFARS) 252.232–7003’’, in their place,
respectively;
■ c. In paragraph (c)(1), removing
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place;
■ d. Revising paragraph (f); and
■ e. Revising paragraph (g)(2).
The revisions read as follows:
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252.232–7006 Wide Area WorkFlow
Payment Instructions.
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(f) WAWF payment instructions. The
Contractor shall use the following
information when submitting payment
requests and receiving reports in WAWF
for this contract or task or delivery
order:
(1) Document type. The Contractor
shall submit payment requests using the
following document type(s):
(i) For cost-type line items, including
labor-hour or time-and-materials,
submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a
deliverable, submit the invoice and
receiving report specified by the
Contracting Officer;
[Contracting Officer: Insert applicable
invoice and receiving report document
type(s) for fixed price line items that
require shipment of a deliverable.]
(B) For services that do not require
shipment of a deliverable, submit either
the Invoice 2in1, which meets the
requirements for the invoice and
receiving report, or the applicable
invoice and receiving report, as
specified by the Contracting Officer.
[Contracting Officer: Insert either
‘‘Invoice 2in1’’ or the applicable invoice
and receiving report document type(s)
for fixed price line items for services.]
(iii) For customary progress payments
based on costs incurred, submit a
progress payment request.
(iv) For performance based payments,
submit a performance based payment
request.
(v) For commercial item financing,
submit a commercial item financing
request.
(2) Fast Pay requests are only
permitted when Federal Acquisition
Regulation (FAR) 52.213–1 is included
in the contract.
[Note: The Contractor may use a WAWF
‘‘combo’’ document type to create some
combinations of invoice and receiving
report in one step.]
(3) Document routing. The Contractor
shall use the information in the Routing
Data Table to paragraph (f)(3) only to fill
in applicable fields in WAWF when
creating payment requests and receiving
reports in the system.
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ROUTING DATA TABLE TO PARAGRAPH (f)(3) *
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
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Other DoDAAC(s)
[* Contracting Officer: Insert applicable
DoDAAC information. If multiple ship
to/acceptance locations apply, insert
‘‘See Schedule’’ or ‘‘Not applicable.’’]
[** Contracting Officer: If the contract
provides for progress payments or
performance-based payments, insert the
DoDAAC for the contract administration
office assigned the functions under FAR
42.302(a)(13).]
(4) Payment request. The Contractor
shall ensure a payment request includes
documentation appropriate to the type
of payment request in accordance with
the payment clause, contract financing
clause, or Federal Acquisition
Regulation 52.216–7, Allowable Cost
and Payment, as applicable.
(5) Receiving report. The Contractor
shall ensure a receiving report meets the
requirements of DFARS Appendix F.
(g) * * *
(2) Contact the WAWF helpdesk at
866–618–5988, if assistance is needed.
*
*
*
*
*
252.246–7000
[Removed and Reserved]
10. Remove and reserve section
252.246–7000.
■
VerDate Sep<11>2014
17:09 Jun 28, 2018
Jkt 244001
11. Amend appendix F to chapter 2 as
follows:
■ a. In section F–102 by—
■ i. Redesignating paragraph (c) as
paragraph (b); and
■ ii. Removing paragraph (b).
■ b. In section F–301, revising
paragraph (b)(18);
■ c. Revising section F–305;
■ d. Revising section F–306; and
■ e. Amending section F–502, by adding
to Table 1, a heading to the column on
the right to read ‘‘Number of Copies’’.
The revisions read as follows:
■
F–301
*
Preparation Instructions
*
*
*
*
(b) * * *
(18) UNIT PRICE. When using the WAWF
RRR, the unit price is the price of the repair,
overhaul, or maintenance service from the
contract.
(i) The contractor may, at its option, enter
unit prices on the WAWF RR, except when
the contract has Item Unique Identification
(IUID) requirements and the receiving report
is being processed in WAWF, the unit price
must represent the acquisition cost that will
be recorded in the IUID registry. Therefore,
in such cases, the unit price is required. See
DFARS 252.211–7003, Item Unique
Identification and Valuation).
PO 00000
Frm 00077
Fmt 4702
Sfmt 4702
(ii) The contractor shall enter unit prices
for each item of property fabricated or
acquired for the Government and delivered to
a contractor as Government furnished
property (GFP). Get the unit price from
Section B of the contract. If the unit price is
not available, use an estimate. The estimated
price should be the contractor’s estimate of
what the items cost the Government. When
the price is estimated, enter ‘‘Estimated Unit
Price’’ in the description field. When
delivering GFP via WAWF to another
contractor, WAWF will initiate a property
transfer if the vendor who is initiating the
WAWF RR is also registered as a vendor
property shipper in WAWF and the vendor
receiving the property is also a vendor
property receiver in WAWF.
(iii) For clothing and textile contracts
containing a bailment clause, enter the cited
Government furnished property unit value as
‘‘GFP UNIT VALUE’’ in the description field.
(iv) For all copies of DD Forms 250 for
FMS shipments, enter actual prices, if
available. If actual prices are not available,
use estimated prices. When the price is
estimated, enter an ‘‘E’’ after the price.
*
*
*
*
*
F–305 Invoice Instructions
Contractors shall submit payment requests
and receiving reports in accordance with
paragraph (b) of the clause at DFARS
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules
252.232–7003 unless one of the exceptions in
paragraph (d) of that clause applies.
F–306 Packing List Instructions
(a) Contractors may use a WAWF
processed RR or the WAWF RRR, as a
packing list. WAWF provides an option to
print the RR or RRR. Contractors can print a
RR or RRR from a system other than WAWF
if a signed copy is required. In such cases,
the contractor shall print the WAWF RR or
RRR only after a signature is applied by the
Government inspector or authorized acceptor
in WAWF. Copies printed from the
contractor’s system shall be annotated with
‘‘\\original signed in WAWF\\’’ in lieu of
the inspector or acceptor’s signature. Ensure
a copy is visible on the outside and one is
placed inside the package.
(b) If the contract requires Government
source inspection and acceptance at origin,
the contractor shall ensure that its packaging
documentation includes a RR or RRR that
documents inspection, acceptance, or both by
the Government inspector or authorized
acceptor. A paper DD Form 250 may be used
in lieu of WAWF generated RRs or RRRs
when one of the exceptions in paragraph (d)
of the clause at DFARS 252.232–7003
applies.
*
*
*
*
*
[FR Doc. 2018–14063 Filed 6–28–18; 8:45 am]
BILLING CODE 5001–06–P
I. Background
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2018–0018]
RIN 0750–AJ42
Defense Federal Acquisition
Regulation Supplement: Submission of
Summary Subcontract Reports
(DFARS Case 2017–D005)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
sradovich on DSK3GMQ082PROD with PROPOSALS
VerDate Sep<11>2014
17:09 Jun 28, 2018
Jkt 244001
DoD is proposing to revise the DFARS
to implement a policy that streamlines
the submission and review of Summary
Subcontract Reports (SSRs) for DoD
contractors and brings the DFARS into
compliance with changes to the Federal
Acquisition Regulation (FAR). Instead of
submitting multiple SSRs to
departments and agencies within DoD,
contractors with individual
subcontracting plans will submit a
single, consolidated SSR in eSRS at the
DoD level. The consolidated SSR will be
acknowledged or rejected in eSRS at the
DoD level.
II. Discussion and Analysis
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
clarify the entity to which contractors
submit Summary Subcontract Reports in
the Electronic Subcontracting Reporting
System (eSRS) and to clarify the entity
that acknowledges receipt of, or rejects,
the reports in eSRS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 28, 2018, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2017–D005,
using any of the following methods:
SUMMARY:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2017–D005.’’ Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2017–D005’’ on any attached
documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2017–D005 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer
D. Johnson, OUSD(AT&L)DPAP/DARS,
Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately 2 to 3 days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, telephone 571–
372–6100.
SUPPLEMENTARY INFORMATION:
The clause at DFARS 252.219–7003,
Small Business Subcontracting Plan
(DoD Contracts), and its Alternate I
currently require contractors to submit
SSRs to departments or agencies within
DoD. DFARS 252.219–7003 and its
Alternate I also inform contractors that
the authority to acknowledge receipt of,
or reject, SSRs resides with the SSR
Coordinator at departments or agencies
within DoD. This rule proposes to
amend the DFARS clause to require
contractors with individual
subcontracting plans to submit a
consolidated SSR at the DoD level, and
to inform contractors that the authority
to acknowledge receipt of or reject SSRs
under individual subcontracting plans
PO 00000
Frm 00078
Fmt 4702
Sfmt 4702
resides with the SSR Coordinator at the
DoD level. These amendments will
bring DFARS clause 252.219–7003 into
compliance with the requirement for a
consolidated SSR in FAR clause 52.219–
9, Small Business Subcontracting Plan.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule proposes to amend the
clause at DFARS 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts), and its Alternate I. The
objective of the rule is to provide
clarification on the submission and
review of SSRs in eSRS.
DoD does not apply the clause and its
Alternate I to solicitations and contracts
with a value at or below the SAT,
because subcontracting plans are not
required at that dollar value.
DoD currently applies the clause and
its Alternate I to solicitations and
contracts for the acquisition of
commercial items, including COTS
items, as defined at FAR 2.101. Not
applying this guidance to contracts for
the acquisition of commercial items,
including COTS items, would exclude
contracts intended to be included in the
streamlined SSRs and undermine the
overarching purpose of the rule.
Consequently, DoD plans to apply the
rule to contracts for the acquisition of
commercial items, including COTS
items.
IV. Expected Cost Savings
This rule amends the DFARS to
implement a policy that streamlines the
submission and review of SSRs for DoD
contractors. Instead of the current
practice of submitting multiple SSRs to
various departments or agencies within
DoD, contractors with individual
subcontracting plans will submit one
consolidated SSR at the DoD level in the
eSRS. The consolidated SSR will be
acknowledged or rejected in eSRS at the
DoD level.
This rule impacts only large
businesses that have individual
subcontracting plans and at least one
contract with DoD. Although the clause
at DFARS 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts), and its Alternate I currently
require large business contractors to
submit SSRs to the department or
agency within DoD that administers the
majority of the contractor’s individual
subcontracting plans, these contractors
frequently must submit SSRs to each
department or agency within DoD with
which they have contracts. This results
in extra work for the contractors and
E:\FR\FM\29JNP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Proposed Rules]
[Pages 30661-30666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14063]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 232, 246, 252, and Appendix F to Chapter 2
[Docket DARS-2018-0037]
RIN 0750-AJ44
Defense Federal Acquisition Regulation Supplement: Electronic
Submission and Processing of Payment Requests and Receiving Reports
(DFARS Case 2016-D032)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to clarify policies and procedures for
submission of payment requests and receiving reports in electronic
form.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before August 28, 2018, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2016-D032, using
any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Search for ``DFARS Case 2016-D032.'' Select ``Comment Now'' and follow
the instructions provided to submit a comment. Please include ``DFARS
Case 2016-D032'' on any attached documents.
Email: [email protected]. Include DFARS Case 2016-D032 in
the subject line of the message.
Fax: 571-372-6094.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Jennifer D. Johnson, OUSD (A&S) DPAP/DARS, Room 3B941, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately 2 to 3 days after submission to verify posting (except
allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone
571-372-6100.
SUPPLEMENTARY INFORMATION:
I. Background
This proposed rule clarifies and, where necessary, updates policies
and procedures for providing electronic payment-related documents and
for processing payment requests and receiving reports in Wide Area
WorkFlow (WAWF). Title 10 of the United States Code (U.S.C.), section
2227, Electronic Submission and Processing of Claims for Contract
Payments, requires that any claim for payment under a DoD contract be
in electronic format. If electronic submission is unduly burdensome, 10
U.S.C. 2227 allows an exemption. DoD published a final rule in the
Federal Register at 77 FR 38731 on June 29, 2012 (DFARS Case 2011-
D027), to update DFARS policies and procedures for electronic
submission of payment requests and receiving reports and established
WAWF as the accepted DoD system for processing invoices and receiving
reports.
Some contractors have been prevented from using WAWF for some
contracts because of a misinterpretation of the exemptions in DFARS
subpart 232.70, Electronic Submission and Processing of Payment
Requests and Receiving Reports. This proposed rule clarifies those
exemptions and allows contractors to request permission from the
contracting officer, in writing, to submit payment requests and
receiving reports using temporary alternative methods, other than in
electronic form.
II. Discussion and Analysis
DoD is proposing to amend DFARS parts 232, 246, 252, and Appendix F
to clarify and, where necessary, update the policies and procedures for
electronic submission of payment requests and receiving reports. The
following is a summary of the proposed changes:
DFARS subpart 232.70, Electronic Submission and Processing
of Payment Requests and Receiving Reports. Definitions of the terms
``electronic form,'' ``payment request,'' and ``receiving report'' are
inserted in their entirety in lieu of the reference stating that the
terms are defined in the clause at DFARS 252.232-7003, Electronic
Submission of Payment Requests. The policy on exceptions to submission
of payment requests in electronic form is clarified by deleting the
current list of exceptions at DFARS 232.7002(a)(ii) and providing a
more general exception for cases in which contractor submission of
electronic payment requests is not feasible (e.g., when contract
performance is in a contingency or austere environment where internet
connectivity is not available). This
[[Page 30662]]
clarification is necessary to ensure that the exceptions at DFARS
232.7002(a)(ii) are not interpreted as prohibitions against use or
submission of payment requests in WAWF. The current language at DFARS
232.7002(a)(ii) is clear in that the use of WAWF is required unless
access to WAWF by contractors is not feasible. The revised language in
this rule does not change that basic policy. In addition, other text is
relocated within the subpart in order to separate policy from
procedures.
DFARS 246.370, Material Inspection and Receiving Report.
This section, which contains the prescription for the clause at DFARS
252.246-7000, Material Inspection and Receiving Reports, is deleted,
because the clause is being deleted.
DFARS 246.471, Authorizing Shipment of Supplies. This
section is revised to prevent the use of alternative procedures (e.g.,
allowing the contractor to release supplies for shipment) for foreign
military sales contracts. Use of alternative procedures results in no
signed receiving report with the packing list, which delays the
shipment significantly and may lead to termination of the contract for
convenience.
DFARS 252.232-7003, Electronic Submission and Processing
of Payment Requests and Receiving Reports. This clause is revised to
clarify that a contractor may use methods other than WAWF to submit a
payment request and receiving report when the contracting officer has
authorized and provided instructions for the use of nonelectronic
methods in the contract administration data section of the contract.
The requirement for contractors to submit a receiving report at the
time of each delivery of supplies or services under a contract is
relocated to this clause from DFARS 252.246-7000, which is being
deleted. In addition, policy statements are removed from the definition
of ``electronic form;'' and in the definition of ``receiving report,''
a reference to the deleted clause 252.246-7000 is replaced with a
reference to DFARS Appendix F, Material Inspection and Receiving
Report.
DFARS 252.232-7006, Wide Area WorkFlow Payment
Instructions. This clause is revised to clarify the type of payment
request to be used for cost-type line items, fixed-price line items,
and various contract financing payments. The use of the WAWF ``combo''
document type and the use of Department of Defense Activity Address
Codes are also clarified. The requirement to ensure a receiving report
complies with DFARS Appendix F is relocated to this clause from DFARS
252.246-7000, which is being deleted.
DFARS 252.246-7000, Material Inspection and Receiving
Report. This clause is deleted in its entirety because its procedures
predate the WAWF automated procedures and processes. Therefore, much of
this clause is now obsolete. The relevant text has been relocated to
DFARS 252.232-7003, Electronic Submission and Processing of Payment
Requests and Receiving Reports.
Appendix F: Material Inspection and Receiving Report. This
appendix is revised to remove a reference to the deleted clause
242.246-7000, to clarify the requirement to enter unit prices on WAWF
receiving reports, and to include the requirement to enter estimated
prices for foreign military sales shipments if actual prices are not
available. Invoice submission and packing list instructions are also
clarified.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule proposes to amend the clauses at DFARS 252.232-7003,
Electronic Submission and Processing of Payment Requests and Receiving
Reports, and 252.232-7006, Wide Area WorkFlow Payment Instructions. The
objective of the rule is to clarify and, where necessary, update the
policies and procedures for electronic submission of payment requests
and receiving reports and amends the two clauses listed below.
DoD plans to continue to apply both clauses to contracts at or
below the SAT and to the acquisition of commercial items, including
COTS items, as defined at FAR 2.101. This rule clarifies and updates
policies and procedures for electronic submission of payment requests
and receiving reports. Not applying this guidance to contracts at or
below the SAT and for the acquisition of commercial items, including
COTS items, would exclude contracts intended to be covered by this rule
and undermine the overarching purpose of the rule. Consequently, DoD
plans to apply the rule to contracts at or below the SAT and for the
acquisition of commercial items, including COTS items.
IV. 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, 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.
V. Executive Order 13771
This rule is not an E.O. 13771, Reducing Regulation and Controlling
Regulatory Costs, regulatory action, because this rule is not
significant under E.O. 12866.
VI. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act 5 U.S.C. 601 et seq., because
the basic requirement for electronic invoicing (a statutory requirement
under 10 U.S.C. 2227) already exists. However, an initial regulatory
flexibility analysis has been performed.
The objective of the rule is to clarify and, where necessary,
update policies and procedures for submission of payment requests and
receiving reports in electronic form, which is accomplished through
Wide Area WorkFlow (WAWF). The requirement for DoD contractors to
submit payment requests in electronic form is already a requirement in
existing DFARS clauses. This rule clarifies the exemptions in DFARS
subpart 232.70, Electronic Submission and Processing of Payment
Requests and Receiving Reports.
In fiscal year 2016, approximately 71,910 small businesses were
registered to use WAWF.
This rule allows contractors to request permission, in writing, to
submit payment requests and receiving reports using methods other than
WAWF. Most small businesses that are DoD contractors are expected to
prefer WAWF over other methods because of the advantages of using WAWF.
Therefore, DoD estimates that approximately 70 small businesses may
submit, on an annual basis, one request each for use of a temporary
alternative method of submission of payment requests and receiving
reports.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. There are no known significant
[[Page 30663]]
alternative approaches to the rule that would meet the requirements.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities. DoD will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
in accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2016-
D032), in correspondence.
VIII. Paperwork Reduction Act
The paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these proposed changes to the DFARS do not impose additional
information collection requirements to the paperwork burden previously
approved under Office of Management and Budget (OMB) Control Number
0704-0248, Defense Federal Acquisition Regulation Supplement, Appendix
F, Inspection and Receiving Report.
List of Subjects in 48 CFR Parts 232, 246, 252, and Appendix F to
Chapter 2
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 232, 246, 252, and appendix F to chapter 2
are proposed to be amended as follows:
0
1. The authority citation for parts 232, 246, 252, and appendix F to
chapter 2 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 232--CONTRACT FINANCING
0
2. Revise section 232.7001 to read as follows:
232.7001 Definitions.
As used in this subpart--
Electronic form means any automated system that transmits
information electronically from the initiating system to affected
systems.
Payment request means any request for contract financing payment or
invoice payment submitted by the contractor under a contract or task or
delivery order.
Receiving report means the data prepared in the manner and to the
extent required by Appendix F, Material Inspection and Receiving
Report, of the DFARS.
0
3. Revise section 232.7002 to read as follows:
232.7002 Policy.
(a) Payment requests and receiving reports are required to be
submitted in electronic form, except for--
(1) Classified contracts or purchases when electronic submission
and processing of payment requests and receiving reports could
compromise the safeguarding of classified information or national
security;
(2) Cases in which contractor submission of electronic payment
requests and receiving reports is not feasible (e.g., when contract
performance is in an environment where internet connectivity is not
available);
(3) Cases in which DoD is unable to receive payment requests or
provide acceptance in electronic form;
(4) Cases in which [the contractor has requested permission in
writing to submit payment requests and receiving reports by
nonelectronic means, and] the contracting officer [has provided
instructions for a temporary alternative method of submission of
payment requests and receiving reports in the contract administration
data section of the contract or task or delivery order (e.g., section
G, an addendum to FAR 52.212-4, or applicable clause); and
(5) When the Governmentwide commercial purchase card is used as the
method of payment, only submission of the receiving report in
electronic form is required.
(b)(1) The only acceptable electronic form for submission of
payment requests and receiving reports is Wide Area WorkFlow (https://wawf.eb.mil/), except as follows:
(i) For payment of commercial transportation services provided
under a Government rate tender, contract, or task or delivery order 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.
(ii) For submitting and processing payment requests and receiving
reports for contracts or task or delivery orders for rendered health
care services, the use of TRICARE Encounter Data System as the
electronic form is permitted.
(2) Facsimile, email, and scanned documents are not acceptable
electronic forms of payment requests or receiving reports.
0
4. Revise section 232.7003 to read as follows:
232.7003 Procedures.
(a) DoD officials receiving payment requests in electronic form
shall process the payment requests in electronic form. The WAWF system
provides the method to electronically process payment requests and
receiving reports.
(1) Documents necessary for payment, such as receiving reports,
invoice approvals, contracts, contract modifications, and required
certifications, shall also be processed in electronic form.
(2) Scanned documents and other commonly used file formats are only
acceptable for processing supporting documentation.
(b) If one of the exceptions to submission in electronic form at
232.7002(a) applies, the contracting officer shall--
(1) Consult the payment office and the contract administration
office regarding the alternative method to be used for submission of
payment requests or receiving reports (e.g., facsimile or conventional
mail); and
(2) Provide procedures for invoicing in the contract administration
data section of the contract or task or delivery order (e.g., section
G, an addendum to FAR 52.212-4, or applicable clause) for submission of
invoices by nonelectronic means. If submission of invoices by
nonelectronic means is temporary, the procedures should specify the
time period for which they apply.
0
5. Revise section 232.7004 to read as follows:
232.7004 Contract clauses.
(a) Unless an exception to submission in electronic form at
232.7002(a) applies and instructions for invoices are contained in the
contract administration data section of the contract or task or
delivery order, use the clause at 252.232-7003, Electronic Submission
of Payment Requests and Receiving Reports, in solicitations and
contracts, including solicitations and contracts using FAR part 12
procedures for the acquisition of commercial items.
(b) Use the clause at 252.232-7006, Wide Area WorkFlow Payment
Instructions, in solicitations and contracts or task or delivery
orders, including solicitations and contracts using FAR part 12
procedures for the acquisition of commercial items, when 252.232-7003
is used and none of the exceptions at 232.7002(b)(1) apply. See PGI
232.7004 for instructions on completing the clause.
PART 246--QUALITY ASSURANCE
246.370 [Removed]
0
6. Remove section 246.370.
[[Page 30664]]
246.371 [Redesignated as 246.370 and Amended]
0
6. Redesignate section 246.371 as section 246.370 and remove ``PGI
246.371'' and add ``PGI 246.370'' in its place.
0
7. Amend section 246.471 by--
0
a. Redesignating paragraphs (b)(2) and (3) as paragraphs (b)(3) and
(4);
0
b. In the newly redesignated paragraph (b)(3), removing ``paragraph
(b)(1)'' and adding ``paragraph (b)(2)'' in its place.
0
c. Redesignating paragraph (b)(1) as paragraph (b)(2); and
0
d. Adding a new paragraph (b)(1) to read as follows:
246.471 Authorizing shipment of supplies.
* * * * *
(b) * * *
(1) For foreign military sales (FMS) contracts, do not use
alternative procedures.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. Revise section 252.232-7003 to read as follows:
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports.
As prescribed in 232.7004(a), use the following clause:
Electronic Submission of Payment Requests and Receiving Reports (Date)
(a) Definitions. As used in this clause--
Contract financing payment and invoice payment have the meanings
given in section 32.001 of the Federal Acquisition Regulation.
Electronic form means any automated system that transmits
information electronically from the initiating system to affected
systems.
Payment request means any request for contract financing payment
or invoice payment submitted by the Contractor under this contract
or task or delivery order.
Receiving report means the data prepared in the manner and to
the extent required by Appendix F, Material Inspection and Receiving
Report, of the Defense Federal Acquisition Regulation Supplement.
(b) Except as provided in paragraph (d) of this clause, the
Contractor shall submit payment requests and receiving reports in
electronic form using Wide Area WorkFlow (WAWF). The Contractor
shall prepare and furnish to the Government a receiving report at
the time of each delivery of supplies or services under this
contract or task or delivery order.
(c) Submit payment requests and receiving reports to WAWF in one
of the following electronic formats--
(1) Electronic Data Interchange;
(2) Secure File Transfer Protocol; or
(3) Direct input through the WAWF website.
(d) The Contractor may submit a payment request and receiving
report using methods other than WAWF only when--
(1) The Contractor has requested permission in writing to do so,
and the Contracting Officer has provided instructions for a
temporary alternative method of submission of payment requests and
receiving reports in the contract administration data section of
this contract or task or delivery order;
(2) DoD makes payment for commercial transportation services
provided under a Government rate tender or a contract for
transportation services using 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);
(3) DoD makes payment on a contract or task or delivery order
for rendered health care services using the TRICARE Encounter Data
System; or
(4) The Governmentwide commercial purchase card is used as the
method of payment, in which case submission of only the receiving
report in WAWF is required.
(e) Information regarding WAWF is available at https://wawf.eb.mil/.
(f) In addition to the requirements of this clause, the
Contractor shall meet the requirements of the appropriate payment
clauses in this contract when submitting payment requests.
(End of clause)
0
9. Amend section 252.232-7006 by--
0
a. Removing the clause date of ``(MAY 2013)'' and adding ``(DATE)'' in
its place;
0
b. In paragraph (b), removing ``system is'' and ``DFARS 252.232-7003''
and adding ``system provides'' and ``Defense Federal Acquisition
Regulation System (DFARS) 252.232-7003'', in their place, respectively;
0
c. In paragraph (c)(1), removing ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place;
0
d. Revising paragraph (f); and
0
e. Revising paragraph (g)(2).
The revisions read as follows:
252.232-7006 Wide Area WorkFlow Payment Instructions.
* * * * *
(f) WAWF payment instructions. The Contractor shall use the
following information when submitting payment requests and receiving
reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests
using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-
materials, submit a cost voucher.
(ii) For fixed price line items--
(A) That require shipment of a deliverable, submit the invoice and
receiving report specified by the Contracting Officer;
[Contracting Officer: Insert applicable invoice and receiving report
document type(s) for fixed price line items that require shipment of a
deliverable.]
(B) For services that do not require shipment of a deliverable,
submit either the Invoice 2in1, which meets the requirements for the
invoice and receiving report, or the applicable invoice and receiving
report, as specified by the Contracting Officer.
[Contracting Officer: Insert either ``Invoice 2in1'' or the applicable
invoice and receiving report document type(s) for fixed price line
items for services.]
(iii) For customary progress payments based on costs incurred,
submit a progress payment request.
(iv) For performance based payments, submit a performance based
payment request.
(v) For commercial item financing, submit a commercial item
financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition
Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF ``combo'' document type to create
some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in
the Routing Data Table to paragraph (f)(3) only to fill in applicable
fields in WAWF when creating payment requests and receiving reports in
the system.
[[Page 30665]]
Routing Data Table to Paragraph (f)(3) *
------------------------------------------------------------------------
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. If
multiple ship to/acceptance locations apply, insert ``See Schedule'' or
``Not applicable.'']
[** Contracting Officer: If the contract provides for progress payments
or performance-based payments, insert the DoDAAC for the contract
administration office assigned the functions under FAR 42.302(a)(13).]
(4) Payment request. The Contractor shall ensure a payment request
includes documentation appropriate to the type of payment request in
accordance with the payment clause, contract financing clause, or
Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as
applicable.
(5) Receiving report. The Contractor shall ensure a receiving
report meets the requirements of DFARS Appendix F.
(g) * * *
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is
needed.
* * * * *
252.246-7000 [Removed and Reserved]
0
10. Remove and reserve section 252.246-7000.
0
11. Amend appendix F to chapter 2 as follows:
0
a. In section F-102 by--
0
i. Redesignating paragraph (c) as paragraph (b); and
0
ii. Removing paragraph (b).
0
b. In section F-301, revising paragraph (b)(18);
0
c. Revising section F-305;
0
d. Revising section F-306; and
0
e. Amending section F-502, by adding to Table 1, a heading to the
column on the right to read ``Number of Copies''.
The revisions read as follows:
F-301 Preparation Instructions
* * * * *
(b) * * *
(18) UNIT PRICE. When using the WAWF RRR, the unit price is the
price of the repair, overhaul, or maintenance service from the
contract.
(i) The contractor may, at its option, enter unit prices on the
WAWF RR, except when the contract has Item Unique Identification
(IUID) requirements and the receiving report is being processed in
WAWF, the unit price must represent the acquisition cost that will
be recorded in the IUID registry. Therefore, in such cases, the unit
price is required. See DFARS 252.211-7003, Item Unique
Identification and Valuation).
(ii) The contractor shall enter unit prices for each item of
property fabricated or acquired for the Government and delivered to
a contractor as Government furnished property (GFP). Get the unit
price from Section B of the contract. If the unit price is not
available, use an estimate. The estimated price should be the
contractor's estimate of what the items cost the Government. When
the price is estimated, enter ``Estimated Unit Price'' in the
description field. When delivering GFP via WAWF to another
contractor, WAWF will initiate a property transfer if the vendor who
is initiating the WAWF RR is also registered as a vendor property
shipper in WAWF and the vendor receiving the property is also a
vendor property receiver in WAWF.
(iii) For clothing and textile contracts containing a bailment
clause, enter the cited Government furnished property unit value as
``GFP UNIT VALUE'' in the description field.
(iv) For all copies of DD Forms 250 for FMS shipments, enter
actual prices, if available. If actual prices are not available, use
estimated prices. When the price is estimated, enter an ``E'' after
the price.
* * * * *
F-305 Invoice Instructions
Contractors shall submit payment requests and receiving reports
in accordance with paragraph (b) of the clause at DFARS
[[Page 30666]]
252.232-7003 unless one of the exceptions in paragraph (d) of that
clause applies.
F-306 Packing List Instructions
(a) Contractors may use a WAWF processed RR or the WAWF RRR, as
a packing list. WAWF provides an option to print the RR or RRR.
Contractors can print a RR or RRR from a system other than WAWF if a
signed copy is required. In such cases, the contractor shall print
the WAWF RR or RRR only after a signature is applied by the
Government inspector or authorized acceptor in WAWF. Copies printed
from the contractor's system shall be annotated with ``\\original
signed in WAWF\\'' in lieu of the inspector or acceptor's signature.
Ensure a copy is visible on the outside and one is placed inside the
package.
(b) If the contract requires Government source inspection and
acceptance at origin, the contractor shall ensure that its packaging
documentation includes a RR or RRR that documents inspection,
acceptance, or both by the Government inspector or authorized
acceptor. A paper DD Form 250 may be used in lieu of WAWF generated
RRs or RRRs when one of the exceptions in paragraph (d) of the
clause at DFARS 252.232-7003 applies.
* * * * *
[FR Doc. 2018-14063 Filed 6-28-18; 8:45 am]
BILLING CODE 5001-06-P
