Defense Federal Acquisition Regulation Supplement: Electronic Submission and Processing of Payment Requests and Receiving Reports (DFARS Case 2016-D032), 66062-66066 [2018-27555]
Download as PDF
<![CDATA[
66062
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
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.
One respondent submitted two public
comments in response to the proposed
rule.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 232, 246, 252, and
Appendix F to Chapter 2
[Docket DARS–2018–0037]
RIN 0750–AJ44
II. Discussion and Analysis
Defense Federal Acquisition
Regulation Supplement: Electronic
Submission and Processing of
Payment Requests and Receiving
Reports (DFARS Case 2016–D032)
DoD reviewed the public comments in
the development of the final rule.
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
There are no changes made to the
final rule as a result of the public
comments.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify policies and
procedures for submission of payment
requests and receiving reports in
electronic form.
DATES: Effective December 21, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly R. Ziegler, telephone 571–
372–6095.
SUPPLEMENTARY INFORMATION:
Comment: The respondent stated,
‘‘The Unit Price entry should be
required if a shipment is partial or
incomplete.’’
Response: This comment is outside of
the scope of this case.
Comment: The respondent expressed
concern the rule might impact the
requirement to submit Inspection and
Acceptance documents with a
contractor’s request for payment.
Response: The DFARS text revisions
do not remove the requirement for
contractors to submit Inspection and
Receiving Reports with Payment
Requests. Instead, the updates provide
an alternative means of submittal if
WAWF is not feasible, subject to
contracting officer approval.
A. Summary of Significant Changes
From the Proposed Rule
AGENCY:
B. Analysis of Public Comments
amozie on DSK3GDR082PROD with RULES5
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 30661 on June
29, 2018, to amend the DFARS to clarify
and, where necessary, update 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. However, 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 final rule clarifies those
VerDate Sep<11>2014
00:42 Dec 21, 2018
Jkt 247001
C. Other Changes
The following additional changes
from the proposed rule are made in the
final rule:
• A minor edit is made to the DFARS
text at 212.301(f)(xviii)(A) to update the
reference to the renumbered section at
DFARS 246.370.
• In DFARS clause 252.232–7003, the
full text of the definitions of ‘‘contract
financing payment’’ and ‘‘invoice
payment’’ are provided in lieu of a
reference to the definitions at FAR
32.001.
• In DFARS clause 252.232–7006, the
definitions section is revised to add a
reference to DFARS clause 252.232–
7003 for the definitions of ‘‘payment
request’’ and ‘‘receiving report.’’
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule amends the clauses at
DFARS 252.232–7003, Electronic
Submission and Processing of Payment
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
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
above.
DoD will continue to apply both
clauses to contracts at or below the
simplified acquisition threshold (SAT)
and to the acquisition of commercial
items, including commercially available
off-the-shelf (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 final rule is not subject to E.O.
13771, because this rule is not a
significant regulatory action under E.O.
12866.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This final rule clarifies and, where
necessary, updates policies and
procedures for submission of payment
requests and receiving reports in
E:\FR\FM\21DER5.SGM
21DER5
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
electronic form, which is accomplished
through Wide Area WorkFlow (WAWF).
DoD contractors, regardless of size, are
required to submit payment requests in
electronic form under a previously
implemented statutory requirement at
10 U.S.C. 2227. This final rule clarifies
the exemptions to this requirement at
DFARS subpart 232.70, which 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.
There were no issues raised by the
public in response to the initial
regulatory flexibility analysis provided
in the proposed rule.
The rule applies to DoD contractors,
regardless of size. In fiscal year 2016,
approximately 71,910 small businesses
were registered to use WAWF. 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 impose any
reporting or recordkeeping requirements
on any small entities.
There are no known alternative
approaches to the rule that would meet
the requirements.
VII. 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
Control Number 0704–0248, Defense
Federal Acquisition Regulation
Supplement, Appendix F, Inspection
and Receiving Report.
List of Subjects in 48 CFR Parts 212,
232, 246, 252, and Appendix F to
Chapter 2
Government procurement.
amozie on DSK3GDR082PROD with RULES5
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 212, 232, 246,
252, and appendix F to chapter 2 are
amended as follows:
1. The authority citation for parts 212,
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.
VerDate Sep<11>2014
00:42 Dec 21, 2018
Jkt 247001
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
212.301
[Amended]
2. Amend section 212.301 in
paragraph (f)(xviii)(A) by removing
‘‘246.371(a)’’ and adding ‘‘246.370(a)’’
in its place.
■
PART 232—CONTRACT FINANCING
3. 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 of this
chapter, Material Inspection and
Receiving Report.
■ 4. 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, in which case only
submission of the receiving report in
electronic form is required.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
66063
(b)(1) The only acceptable electronic
form for submission of payment
requests and receiving reports is Wide
Area WorkFlow (WAWF) (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.
■ 5. Revise section 246.7003 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.
■ 6. Revise section 232.7004 to read as
follows:
E:\FR\FM\21DER5.SGM
21DER5
66064
232.7004
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
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]
7. Remove section 246.370.
246.371 [Redesignated as 246.370 and
Amended]
8. Redesignate section 246.371 as
section 246.370 and, in paragraph (b),
remove ‘‘PGI 246.371’’ and add ‘‘PGI
246.370’’ in its place.
■ 9. Amend section 246.471 by:
■ a. Redesignating paragraphs (b)(1), (2),
and (3) as paragraphs (b)(2), (3), and (4),
respectively;
■ b. In the newly redesignated
paragraph (b)(3), removing ‘‘paragraph
(b)(1)’’ and adding ‘‘paragraph (b)(2)’’ in
its place; and
■ c. Adding a new paragraph (b)(1).
The addition reads as follows:
■
246.471
Authorizing shipment of supplies.
*
*
*
*
*
(b) * * *
(1) For foreign military sales
contracts, do not use alternative
procedures.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
10. Revise section 252.232–7003 to
read as follows:
amozie on DSK3GDR082PROD with RULES5
■
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 (DEC 2018)
(a) Definitions. As used in this clause—
VerDate Sep<11>2014
00:42 Dec 21, 2018
Jkt 247001
Contract financing payment means an
authorized Government disbursement of
monies to a contractor prior to acceptance of
supplies or services by the Government.
(1) Contract financing payments include—
(i) Advance payments;
(ii) Performance-based payments;
(iii) Commercial advance and interim
payments;
(iv) Progress payments based on cost under
the clause at Federal Acquisition Regulation
(FAR) 52.232–16, Progress Payments;
(v) Progress payments based on a
percentage or stage of completion (see FAR
32.102(e)), except those made under the
clause at FAR 52.232–5, Payments Under
Fixed-Price Construction Contracts, or the
clause at FAR 52.232–10, Payments Under
Fixed-Price Architect-Engineer Contracts;
and
(vi) Interim payments under a cost
reimbursement contract, except for a cost
reimbursement contract for services when
Alternate I of the clause at FAR 52.232–25,
Prompt Payment, is used.
(2) Contract financing payments do not
include—
(i) Invoice payments;
(ii) Payments for partial deliveries; or
(iii) Lease and rental payments.
Electronic form means any automated
system that transmits information
electronically from the initiating system to
affected systems.
Invoice payment means a Government
disbursement of monies to a contractor under
a contract or other authorization for supplies
or services accepted by the Government.
(1) Invoice payments include—
(i) Payments for partial deliveries that have
been accepted by the Government;
(ii) Final cost or fee payments where
amounts owed have been settled between the
Government and the contractor;
(iii) For purposes of subpart 32.9 only, all
payments made under the clause at 52.232–
5, Payments Under Fixed-Price Construction
Contracts, and the clause at 52.232–10,
Payments Under Fixed-Price ArchitectEngineer Contracts; and
(iv) Interim payments under a costreimbursement contract for services when
Alternate I of the clause at 52.232–25, Prompt
Payment, is used.
(2) Invoice payments do not include
contract financing payments.
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:
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
(1) Electronic Data Interchange.
(2) Secure File Transfer Protocol.
(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)
■ 11. Amend section 252.232–7006 by:
■ a. Removing the clause date of ‘‘(MAY
2013)’’ and adding ‘‘DEC 2018)’’ in its
place;
■ b. In paragraph (a), adding in
alphabetical order a definition for
‘‘ ‘payment request’ and ‘receiving
report’ ’’;
■ c. 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 places,
respectively;
■ d. In paragraph (c)(1), removing
‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its
place; and
■ e. Revising paragraphs (f) and (g)(2).
The additions and revisions read as
follows:
252.232–7006 Wide Area WorkFlow
Payment Instructions.
(a) * * *
Payment request and receiving report
are defined in the clause at 252.232–
7003, Electronic Submission of Payment
Requests and Receiving Reports.
*
*
*
*
*
(f) WAWF payment instructions. The
Contractor shall use the following
E:\FR\FM\21DER5.SGM
21DER5
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
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 below only to fill in
applicable fields in WAWF when
creating payment requests and receiving
reports in the system.
ROUTING DATA TABLE *
amozie on DSK3GDR082PROD with RULES5
Field name in WAWF
Data to be
entered in
WAWF
00:42 Dec 21, 2018
Field name in WAWF
Data to be
entered in
WAWF
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 performancebased 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]
12. Remove and reserve section
252.246–7000.
■
252.246–7003
[Amended]
13. Amend section 252.246–7003 by
removing ‘‘246.371(a)’’ from the
introductory text and adding
‘‘246.370(a)’’ in its place.
■ 14. Amend appendix F to chapter 2 as
follows:
■ a. In section F–102 by——
■ i. Removing paragraph (b); and
■ ii. Redesignating paragraph (c) as
paragraph (b);
■ b. In section F–301, revising
paragraph (b)(18);
■ c. Revising section F–305;
■ d. Revising section F–306; and
■ e. In section F–502, revising the Table
1 heading, tables, and instructions.
The revisions read as follows:
■
Appendix F to Chapter 2—Material
Inspection and Receiving Report
*
*
F–301
*
Pay Official DoDAAC.
Issue By DoDAAC.
Admin DoDAAC **.
Inspect By DoDAAC.
Ship To Code.
Ship From Code.
Mark For Code.
Service Approver (DoDAAC).
VerDate Sep<11>2014
ROUTING DATA TABLE *—Continued
*
*
*
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
Jkt 247001
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
66065
the contract has 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
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.
*
*
*
*
*
F–502 Distribution of DD Form 250 and DD
Form 250C
*
E:\FR\FM\21DER5.SGM
*
*
21DER5
*
*
66066
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
MATERIAL INSPECTION AND RECEIVING REPORT TABLE 1—STANDARD DISTRIBUTION
Number of
copies
Standard distribution
With Shipment * ...................................................................................................................................................................................
Consignee (via mail) ............................................................................................................................................................................
(For Navy procurement, include unit price.)
(For foreign military sales, consignee copies are not required.)
Contract Administration Office (CAO) .................................................................................................................................................
(Forward direct to address in Block 10 except when addressee is a Defense Contract Management Agency (DCMA) office
and a certificate of conformance or the alternative release procedures (see F–301, Block 21) is involved, and acceptance
is at origin; then, forward through the authorized Government representative.)
Purchasing Office ................................................................................................................................................................................
Payment Office ** .................................................................................................................................................................................
(Forward direct to address in Block 12 except—
(i) When address in Block 10 is a DCMA office and payment office in Block 12 is the Defense Finance and Accounting
Service, Columbus Center, do not make distribution to the Block 12 addressee;
(ii) When address in Block 12 is the Defense Finance and Accounting Service, Columbus Center/Albuquerque Office
(DFAS–CO/ALQ), Kirtland AFB, NM, attach only one copy to the required number of copies of the contractor’s invoice;
(iii) When acceptance is at destination and a Navy finance office will make payment, forward to destination; and
(iv) When a certificate of conformance or the alternative release procedures (see F–301, Block 21) are involved and
acceptance is at origin, forward the copies through the authorized Government representative.)
ADP Point for CAO (applicable to Air Force only) ..............................................................................................................................
(When DFAS–CO/ALQ is the payment office in Block 12, send one copy to DFAS–CO/ALQ immediately after signature. If
submission of delivery data is made electronically, distribution of this hard copy need not be made to DFAS–CO/ALQ.)
CAO of Contractor Receiving GFP .....................................................................................................................................................
(For items fabricated or acquired for the Government and shipped to a contractor as Government furnished property, send
one copy directly to the CAO cognizant of the receiving contractor, ATTN: Property Administrator (see DoD 4105.59–H).)
2
1
1
1
2
1
1
* Attach as follows:
Type of shipment
Location
Carload or truckload .................................................................................
Affix to the shipment where it will be readily visible and available upon
receipt.
Affix to container number one or container truckload bearing lowest
number.
Attach to outside or include in the package. Include a copy in each additional package of multi-package shipments.
Forward with consignee copies.
Less than carload or truckload .................................................................
Mail, including parcel post ........................................................................
Pipeline, tank car, or railroad cars for coal movements ..........................
** Payment by Defense Finance and Accounting Service, Columbus Center will be based on the source acceptance copies of DD Forms 250
forwarded to the contract administration office.
*
*
*
*
*
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 212, 225, and 252
[Docket DARS–2018–0060]
amozie on DSK3GDR082PROD with RULES5
RIN 0750–AJ82
Defense Federal Acquisition
Regulation Supplement: Foreign
Commercial Satellite Services and
Certain Items on the Commerce
Control List (DFARS Case 2018–D020)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
VerDate Sep<11>2014
00:42 Dec 21, 2018
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to implement
sections of the National Defense
Authorization Act for Fiscal Years 2017
and 2018. One section imposes
additional prohibitions with regard to
acquisition of certain foreign
commercial satellite services, such as
cybersecurity risk and source of
satellites and launch vehicles used to
provide the foreign commercial satellite
services, and expands the definition of
‘‘covered foreign country’’ to include
Russia. Another section prohibits
purchase of items from a Communist
Chinese military company that meet the
definition of goods and services
controlled as munitions items when
moved to the Commerce Control List of
the Export Administration Regulations
of the Department of Commerce.
SUMMARY:
[FR Doc. 2018–27555 Filed 12–20–18; 8:45 am]
Jkt 247001
Effective Date: December 21,
2018.
Comment Date: Comments on the
interim rule should be submitted in
DATES:
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
writing to the address shown below on
or before February 19, 2019, to be
considered in the formation of a final
rule.
Submit comments
identified by DFARS Case 2018–D020,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2018–D020.’’ Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2018–D020’’ on any attached
documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2018–D020 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy G.
Williams, OUSD (A&S) DPC/DARS,
Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
ADDRESSES:
E:\FR\FM\21DER5.SGM
21DER5
]]>Agencies
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 66062-66066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27555]
[[Page 66061]]
Vol. 83
Friday,
No. 245
December 21, 2018
Part VIII
Department of Defense
-----------------------------------------------------------------------
Defense Acquisition Regulations System
-----------------------------------------------------------------------
48 CFR Parts 204, 212, 225, et al.
Federal Acquisition Regulations; Final and Interim Rules
Federal Register / Vol. 83 , No. 245 / Friday, December 21, 2018 /
Rules and Regulations
[[Page 66062]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to clarify policies and
procedures for submission of payment requests and receiving reports in
electronic form.
DATES: Effective December 21, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone
571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 83 FR
30661 on June 29, 2018, to amend the DFARS to clarify and, where
necessary, update 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. However, 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 final 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.
One respondent submitted two public comments in response to the
proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in the development of the final
rule.
A. Summary of Significant Changes From the Proposed Rule
There are no changes made to the final rule as a result of the
public comments.
B. Analysis of Public Comments
Comment: The respondent stated, ``The Unit Price entry should be
required if a shipment is partial or incomplete.''
Response: This comment is outside of the scope of this case.
Comment: The respondent expressed concern the rule might impact the
requirement to submit Inspection and Acceptance documents with a
contractor's request for payment.
Response: The DFARS text revisions do not remove the requirement
for contractors to submit Inspection and Receiving Reports with Payment
Requests. Instead, the updates provide an alternative means of
submittal if WAWF is not feasible, subject to contracting officer
approval.
C. Other Changes
The following additional changes from the proposed rule are made in
the final rule:
A minor edit is made to the DFARS text at
212.301(f)(xviii)(A) to update the reference to the renumbered section
at DFARS 246.370.
In DFARS clause 252.232-7003, the full text of the
definitions of ``contract financing payment'' and ``invoice payment''
are provided in lieu of a reference to the definitions at FAR 32.001.
In DFARS clause 252.232-7006, the definitions section is
revised to add a reference to DFARS clause 252.232-7003 for the
definitions of ``payment request'' and ``receiving report.''
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule amends 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 above.
DoD will continue to apply both clauses to contracts at or below
the simplified acquisition threshold (SAT) and to the acquisition of
commercial items, including commercially available off-the-shelf (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 final rule is not subject to E.O. 13771, because this rule is
not a significant regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This final rule clarifies and, where necessary, updates policies
and procedures for submission of payment requests and receiving reports
in
[[Page 66063]]
electronic form, which is accomplished through Wide Area WorkFlow
(WAWF). DoD contractors, regardless of size, are required to submit
payment requests in electronic form under a previously implemented
statutory requirement at 10 U.S.C. 2227. This final rule clarifies the
exemptions to this requirement at DFARS subpart 232.70, which 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.
There were no issues raised by the public in response to the
initial regulatory flexibility analysis provided in the proposed rule.
The rule applies to DoD contractors, regardless of size. In fiscal
year 2016, approximately 71,910 small businesses were registered to use
WAWF. 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 impose any reporting or recordkeeping
requirements on any small entities.
There are no known alternative approaches to the rule that would
meet the requirements.
VII. 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 Control Number 0704-
0248, Defense Federal Acquisition Regulation Supplement, Appendix F,
Inspection and Receiving Report.
List of Subjects in 48 CFR Parts 212, 232, 246, 252, and Appendix F
to Chapter 2
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 232, 246, 252, and appendix F to
chapter 2 are amended as follows:
0
1. The authority citation for parts 212, 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 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
0
2. Amend section 212.301 in paragraph (f)(xviii)(A) by removing
``246.371(a)'' and adding ``246.370(a)'' in its place.
PART 232--CONTRACT FINANCING
0
3. 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 of this chapter, Material Inspection and
Receiving Report.
0
4. 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, in which case 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 (WAWF)
(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
5. Revise section 246.7003 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
6. Revise section 232.7004 to read as follows:
[[Page 66064]]
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
7. Remove section 246.370.
246.371 [Redesignated as 246.370 and Amended]
0
8. Redesignate section 246.371 as section 246.370 and, in paragraph
(b), remove ``PGI 246.371'' and add ``PGI 246.370'' in its place.
0
9. Amend section 246.471 by:
0
a. Redesignating paragraphs (b)(1), (2), and (3) as paragraphs (b)(2),
(3), and (4), respectively;
0
b. In the newly redesignated paragraph (b)(3), removing ``paragraph
(b)(1)'' and adding ``paragraph (b)(2)'' in its place; and
0
c. Adding a new paragraph (b)(1).
The addition reads as follows:
246.471 Authorizing shipment of supplies.
* * * * *
(b) * * *
(1) For foreign military sales contracts, do not use alternative
procedures.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
10. 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 (DEC
2018)
(a) Definitions. As used in this clause--
Contract financing payment means an authorized Government
disbursement of monies to a contractor prior to acceptance of
supplies or services by the Government.
(1) Contract financing payments include--
(i) Advance payments;
(ii) Performance-based payments;
(iii) Commercial advance and interim payments;
(iv) Progress payments based on cost under the clause at Federal
Acquisition Regulation (FAR) 52.232-16, Progress Payments;
(v) Progress payments based on a percentage or stage of
completion (see FAR 32.102(e)), except those made under the clause
at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts,
or the clause at FAR 52.232-10, Payments Under Fixed-Price
Architect-Engineer Contracts; and
(vi) Interim payments under a cost reimbursement contract,
except for a cost reimbursement contract for services when Alternate
I of the clause at FAR 52.232-25, Prompt Payment, is used.
(2) Contract financing payments do not include--
(i) Invoice payments;
(ii) Payments for partial deliveries; or
(iii) Lease and rental payments.
Electronic form means any automated system that transmits
information electronically from the initiating system to affected
systems.
Invoice payment means a Government disbursement of monies to a
contractor under a contract or other authorization for supplies or
services accepted by the Government.
(1) Invoice payments include--
(i) Payments for partial deliveries that have been accepted by
the Government;
(ii) Final cost or fee payments where amounts owed have been
settled between the Government and the contractor;
(iii) For purposes of subpart 32.9 only, all payments made under
the clause at 52.232-5, Payments Under Fixed-Price Construction
Contracts, and the clause at 52.232-10, Payments Under Fixed-Price
Architect-Engineer Contracts; and
(iv) Interim payments under a cost-reimbursement contract for
services when Alternate I of the clause at 52.232-25, Prompt
Payment, is used.
(2) Invoice payments do not include contract financing payments.
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.
(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
11. Amend section 252.232-7006 by:
0
a. Removing the clause date of ``(MAY 2013)'' and adding ``DEC 2018)''
in its place;
0
b. In paragraph (a), adding in alphabetical order a definition for ``
`payment request' and `receiving report' '';
0
c. 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 places, respectively;
0
d. In paragraph (c)(1), removing ``https://www.acquisition.gov'' and
adding ``https://www.sam.gov'' in its place; and
0
e. Revising paragraphs (f) and (g)(2).
The additions and revisions read as follows:
252.232-7006 Wide Area WorkFlow Payment Instructions.
(a) * * *
Payment request and receiving report are defined in the clause at
252.232-7003, Electronic Submission of Payment Requests and Receiving
Reports.
* * * * *
(f) WAWF payment instructions. The Contractor shall use the
following
[[Page 66065]]
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 below only to fill in applicable fields in WAWF
when creating payment requests and receiving reports in the system.
Routing Data Table *
------------------------------------------------------------------------
Field name in WAWF Data to be entered in WAWF
------------------------------------------------------------------------
Pay Official DoDAAC......................
Issue By DoDAAC..........................
Admin DoDAAC **..........................
Inspect By DoDAAC........................
Ship To Code.............................
Ship From Code...........................
Mark For Code............................
Service Approver (DoDAAC)................
Service Acceptor (DoDAAC)................
Accept at Other DoDAAC...................
LPO DoDAAC...............................
DCAA Auditor DoDAAC......................
Other DoDAAC(s)..........................
------------------------------------------------------------------------
(* Contracting Officer: Insert applicable DoDAAC information. 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
12. Remove and reserve section 252.246-7000.
252.246-7003 [Amended]
0
13. Amend section 252.246-7003 by removing ``246.371(a)'' from the
introductory text and adding ``246.370(a)'' in its place.
0
14. Amend appendix F to chapter 2 as follows:
0
a. In section F-102 by----
0
i. Removing paragraph (b); and
0
ii. Redesignating paragraph (c) as 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. In section F-502, revising the Table 1 heading, tables, and
instructions.
The revisions read as follows:
Appendix F to Chapter 2--Material Inspection and Receiving Report
* * * * *
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 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 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.
* * * * *
F-502 Distribution of DD Form 250 and DD Form 250C
* * * * *
[[Page 66066]]
Material Inspection and Receiving Report Table 1--Standard Distribution
------------------------------------------------------------------------
Number of
Standard distribution copies
------------------------------------------------------------------------
With Shipment *......................................... 2
Consignee (via mail).................................... 1
(For Navy procurement, include unit price.)
(For foreign military sales, consignee copies are
not required.)
Contract Administration Office (CAO).................... 1
(Forward direct to address in Block 10 except when
addressee is a Defense Contract Management Agency
(DCMA) office and a certificate of conformance or
the alternative release procedures (see F-301,
Block 21) is involved, and acceptance is at origin;
then, forward through the authorized Government
representative.)
Purchasing Office....................................... 1
Payment Office **....................................... 2
(Forward direct to address in Block 12 except--
(i) When address in Block 10 is a DCMA office
and payment office in Block 12 is the Defense
Finance and Accounting Service, Columbus
Center, do not make distribution to the Block
12 addressee;
(ii) When address in Block 12 is the Defense
Finance and Accounting Service, Columbus Center/
Albuquerque Office (DFAS-CO/ALQ), Kirtland AFB,
NM, attach only one copy to the required number
of copies of the contractor's invoice;
(iii) When acceptance is at destination and a
Navy finance office will make payment, forward
to destination; and
(iv) When a certificate of conformance or the
alternative release procedures (see F-301,
Block 21) are involved and acceptance is at
origin, forward the copies through the
authorized Government representative.)
ADP Point for CAO (applicable to Air Force only)........ 1
(When DFAS-CO/ALQ is the payment office in Block 12,
send one copy to DFAS-CO/ALQ immediately after
signature. If submission of delivery data is made
electronically, distribution of this hard copy need
not be made to DFAS-CO/ALQ.)
CAO of Contractor Receiving GFP......................... 1
(For items fabricated or acquired for the Government
and shipped to a contractor as Government furnished
property, send one copy directly to the CAO
cognizant of the receiving contractor, ATTN:
Property Administrator (see DoD 4105.59-H).)
------------------------------------------------------------------------
* Attach as follows:
------------------------------------------------------------------------
Type of shipment Location
------------------------------------------------------------------------
Carload or truckload................... Affix to the shipment where it
will be readily visible and
available upon receipt.
Less than carload or truckload......... Affix to container number one
or container truckload bearing
lowest number.
Mail, including parcel post............ Attach to outside or include in
the package. Include a copy in
each additional package of
multi-package shipments.
Pipeline, tank car, or railroad cars Forward with consignee copies.
for coal movements.
------------------------------------------------------------------------
** Payment by Defense Finance and Accounting Service, Columbus Center
will be based on the source acceptance copies of DD Forms 250
forwarded to the contract administration office.
* * * * *
[FR Doc. 2018-27555 Filed 12-20-18; 8:45 am]
BILLING CODE 5001-06-P
