Environmental Protection Agency Acquisition Regulation (EPAAR) Clause Update for Submission of Invoices, 9393-9397 [2020-02269]
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
received OMB approval on December
26, 2019, for the information collection
requirements contained in the
Commission’s rules at
§§ 64.604(c)(11)(v), 64.604(c)(13)(iii)–
(iv), 64.611(j)(2), 64.615(a)(3) and (a)(5).
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–1053.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1053.
OMB Approval Date: December 26,
2019.
OMB Expiration Date: December 31,
2022.
Title: Misuse of Internet Protocol
Captioned Telephone Service (IP CTS);
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, CG Docket Nos. 13–24 and
03–123.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 372,010 respondents;
1,218,242 responses.
Estimated Time per Response: 0.1
hours (6 minutes) to 40 hours.
Frequency of Response: Annual, every
five years, monthly, and ongoing
reporting requirements; Recordkeeping
requirements; Third party disclosure
requirements.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for the information collection
requirements is found at Sec. 225 [47
U.S.C. 225] Telecommunications
Services for Hearing-Impaired
Individuals; The Americans with
Disabilities Act of 1990, (ADA), Public
Law 101–336, 104 Stat. 327, 366–69,
enacted on July 26, 1990.
Total Annual Burden: 653,820 hours.
Total Annual Cost: $56,000.
Nature and Extent of Confidentiality:
Confidentiality is an issue to the extent
that individuals and households
provide personally identifiable
information, which is covered under the
FCC’s updated system of records notice
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(SORN), FCC/CGB–4, ‘‘Internet-based
Telecommunications Relay Service-User
Registration Database (ITRS–URD).’’ As
required by the Privacy Act, 5 U.S.C.
552a, the Commission also published a
SORN, FCC/CGB–4 ‘‘Internet-based
Telecommunications Relay Service-User
Registration Database (ITRS–URD),’’ in
the Federal Register on February 9,
2015 (80 FR 6963) which became
effective on March 23, 2015.
Privacy Impact Assessment: The FCC
completed a Privacy Impact Assessment
(PIA) on June 28, 2007. It may be
reviewed at https://www.fcc.gov/
general/privacy-act-information#pia.
The Commission is in the process of
updating the PIA to incorporate various
revisions to it as a result of revisions to
the SORN.
Needs and Uses: On August 1, 2003,
the Commission released
Telecommunication Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, CC Docket No. 98–67,
Declaratory Ruling, 68 FR 55898,
September 28, 2003, clarifying that oneline captioned telephone voice carry
over (VCO) service is a type of
telecommunications relay service (TRS)
and that eligible providers of such
services are eligible to recover their
costs from the Interstate TRS Fund
(Fund) in accordance with section 225
of the Communications Act.
On July 19, 2005, the Commission
released Telecommunication Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities, CC Docket No. 98–67 and
CG Docket No. 03–123, Order, 70 FR
54294, September 14, 2005, clarifying
that two-line captioned telephone VCO
service, like one-line captioned
telephone VCO service, is a type of TRS
eligible for compensation from the
Fund.
On January 11, 2007, the Commission
released Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities, CG Docket No. 03–123,
Declaratory Ruling, 72 FR 6960,
February 14, 2007, granting a request for
clarification that Internet Protocol (IP)
captioned telephone relay service (IP
CTS) is a type of TRS eligible for
compensation from the Fund.
On August 26, 2013, the Commission
issued Misuse of Internet Protocol
Captioned Telephone Service;
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, CG Docket Nos. 13–24 and
03–123, Report and Order, 78 FR 53684,
August 30, 2013, to regulate practices
relating to the marketing of IP CTS,
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9393
impose certain requirements for the
provision of this service, and mandate
registration and certification of IP CTS
users.
On June 8, 2018, the Commission
issued Misuse of internet Protocol
Captioned Telephone Service;
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, CG Docket Nos. 13–24 and
03–123, Report and Order and
Declaratory Ruling, 83 FR 30082, June
27, 2018 (2018 IP CTS Modernization
Order), to facilitate the Commission’s
efforts to reduce waste, fraud, and abuse
and improve its ability to efficiently
manage the IP CTS program through
regulating practices related to the
marketing of IP CTS, generally
prohibiting the provision of IP CTS to
consumers who do not genuinely need
the service, permitting the provision of
IP CTS in emergency shelters, and
approving the use of automatic speech
recognition to generate captions without
the assistance of a communications
assistant.
On February 15, 2019, the
Commission issued Misuse of Internet
Protocol Captioned Telephone Service;
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, CG Docket Nos. 13–24 and
03–123, Report and Order, and Order,
84 FR 8457, March 8, 2019 (2019 IP CTS
Program Management Order), requiring
the submission of IP CTS user
registration information to the
telecommunications relay service (TRS)
User Registration Database (Database) so
that the Database administrator can
verify IP CTS users to reduce the risk of
waste, fraud, and abuse in the IP CTS
program.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020–02145 Filed 2–18–20; 8:45 am]
BILLING CODE 6712–01–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Part 1552
[EPA–HQ–OMS–2018–0742; FRL 10002–43–
OMS]
Environmental Protection Agency
Acquisition Regulation (EPAAR)
Clause Update for Submission of
Invoices
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
Final rule; correction and
republication.
ACTION:
The Environmental Protection
Agency (EPA) is revising its Submission
of Invoices clause to add electronic
invoicing requirements. In 2019 the EPA
will begin using the Invoice Processing
Platform (IPP), which is a secure webbased service provided by the U.S.
Treasury that efficiently manages
government invoicing. This
republication is necessary because the
wrong Code of Federal Regulations
number appeared in the document
header, the List of Subjects, and the
words of issuance.
DATES: Effective February 19, 2020, this
final rule corrects and republishes the
final rule published at 84 FR 21714
(May 15, 2019), applicable as of May 15,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OARM–2018–0742. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Thomas Valentino, Policy, Training, and
Oversight Division, Office of
Acquisition Solutions (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: 202–564–
4522; email address: valentino.thomas@
epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
This republication is necessary
because the wrong Code of Federal
Regulations (CFR) number appeared in
the document header, the List of
Subjects and the words of issuance. This
document correctly lists the CFR title
number as title 48 not title 40. The EPA
is revising clause 1552.232–70,
Submission of Invoices, to add
electronic invoicing requirements. In
2019 the EPA will begin using the
Invoice Processing Platform (IPP),
which is a secure web-based service
provided by the U.S. Treasury that
efficiently manages government
invoicing. Currently the EPA requires
contractors and vendors to submit paper
invoices, which are inefficient and
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costly. The EPA will also begin using
IPP to satisfy the requirements of Office
of Management and Budget (OMB)
Memorandum M–15–19, Improving
Government Efficiency and Saving
Taxpayer Dollars Through Electronic
Invoicing. By changing the subject
clause to require electronic invoicing,
the EPA will reap benefits of efficiency
and cost that have become ubiquitous in
modern commerce, and be in
compliance with Memorandum M–15–
19. On December 20, 2018 (83 FR
65328) EPA sought comments on the
proposed rule and received no
comments.
II. Final Rule
The final rule amends EPAAR part
1552, Solicitation Provisions and
Contract Clauses, by revising EPAAR
section 1552.232–70, Submission of
Invoices.
1. EPAAR section 1552.232–70,
Submission of Invoices clause is revised
to provide new electronic invoicing
requirements as the EPA begins using
the IPP electronic-invoicing program in
2019. The clause is revised by replacing
the preamble and paragraphs (a) and (b),
with new paragraphs (a) and (b), that
update the old paper invoicing
instructions to electronic invoicing.
Paragraph (g)(5) is revised to remove
references to suspended costs, which
are not authorized under IPP. The ‘‘Note
to paragraph (i)’’ and ‘‘Note to paragraph
(j)’’ are also being revised to remove
references to suspended costs. Finally,
paragraph (k) and ‘‘Note to paragraph
(k)’’ are being removed because
suspended costs are not allowed under
IPP, which re-letters the last three
paragraphs, re-designating paragraphs
(l) through (n) as paragraphs (k) through
(m), respectively.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (E.O.) 12866 (58 FR
51735, October 4, 1993) and therefore,
not subject to review under the E.O.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. No
information is collected under this
action.
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C. Regulatory Flexibility Act (RFA), as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 et. seq.
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute; unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impact
of today’s final rule on small entities,
‘‘small entity’’ is defined as: (1) A small
business that meets the definition of a
small business found in the Small
Business Act and codified at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this rule on small entities, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action revises a current EPAAR
clause and does not impose
requirements involving capital
investment, implementing procedures,
or record keeping. This rule will not
have a significant economic impact on
small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, Local,
and Tribal governments and the private
sector.
This rule contains no Federal
mandates (under the regulatory
provisions of the Title II of the UMRA)
for State, Local, and Tribal governments
or the private sector. The rule imposes
no enforceable duty on any State, Local
or Tribal governments or the private
sector. Thus, the rule is not subject to
the requirements of Sections 202 and
205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
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accountable process to ensure
‘‘meaningful and timely input by State
and Local officials in the development
of regulatory policies that have
federalism implications.’’ ‘‘Policies that
have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government as specified in
Executive Order 13132.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule does not have
tribal implications as specified in
Executive Order 13175.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
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Executive Order 13045, entitled
‘‘Protection of Children from
Environmental Health and Safety Risks’’
(62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be
economically significant as defined
under Executive Order 12886, and (2)
concerns an environmental health or
safety risk that may have a
proportionate effect on children. This
rule is not subject to Executive Order
13045 because it is not an economically
significant rule as defined by Executive
Order 12866, and because it does not
involve decisions on environmental
health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution of Use’’ (66 FR 28335 (May
22, 2001), because it is not a significant
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regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C. 272 note) of
NTTA, Public Law 104–113, directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (E.O.) 12898 (59 FR
7629 (February 16, 1994) establishes
federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This rulemaking does not
involve human health or environmental
effects.
List of Subjects in 48 CFR Part 1552
Environmental protection,
Government procurement, Reporting
and recordkeeping requirements,
Solicitation provisions and contract
clauses.
Dated: January 24, 2020.
Kimberly Y. Patrick,
Director, Office of Acquisition Solutions.
Therefore, 48 CFR part 1552 is
amended as set forth below:
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9395
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for part 1552
continues to read as follows:
■
Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.
2. Revise section 1552.232–70 to read
as follows:
■
1552.232–70
Submission of invoices.
As prescribed in 1532.908, insert the
following clause:
Submission of Invoices (MAY 2019)
(a) Electronic invoicing and the Invoice
Processing Platform (IPP)—(1) Definitions. As
used in this clause—
Contract financing payment and invoice
payment are defined in Federal Acquisition
Regulation (FAR) 32.001.
Electronic form means an automated
system that transmits information
electronically from the initiating system to all
affected systems. Facsimile, email, and
scanned documents are not acceptable
electronic forms for submission of payment
requests. However, scanned documents are
acceptable when they are part of a
submission of a payment request made using
Invoice Processing Platform or another
electronic form authorized by the Contracting
Officer.
Payment request means any request for
contract financing payment or invoice
payment submitted by the Contractor under
this contract.
(2)(i) Except as provided in paragraph (c)
of this clause, the Contractor shall submit
invoices using the electronic invoicing
program Invoice Processing Platform (IPP),
which is a secure web-based service provided
by the U.S. Treasury that more efficiently
manages government invoicing.
(ii) Under this contract, the following
documents are required to be submitted as an
attachment to the IPP invoice: (This is a fillin for acceptable types of required
documentation, such as an SF 1034 and
1035, or an invoice/self-designed form on
company letterhead that contains the
required information.)
(iii) The Contractor’s Government Business
Point of Contact (as listed in System for
Award Management (SAM)) will receive
enrollment instructions via email from the
IPP. The Contractor must register within 3 to
5 days of receipt of such email from IPP.
(iv) Contractor assistance with enrollment
can be obtained by contacting the IPP
Production Helpdesk via email at
IPPCustomerSupport@fiscal.treasury.gov or
by telephone at (866) 973–3131.
(3) If the Contractor is unable to comply
with the requirement to use IPP for
submitting invoices for payment, the
Contractor shall submit a waiver request in
writing to the Contracting Officer. The
Contractor may submit an invoice using other
than IPP only when—
(i) The Contracting Officer administering
the contract for payment has determined, in
writing, that electronic submission would be
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unduly burdensome to the Contractor; and in
such cases, the Contracting Officer shall
modify the contract to include a copy of the
Determination; or
(ii) When the Governmentwide commercial
purchase card is used as the method of
payment.
(4) The Contractor shall submit any nonelectronic payment requests using the
method or methods specified in Section G of
the contract.
(5) 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.
(6) Invoices submitted through IPP will be
either rejected, or accepted and paid, in their
entirety, and will not be paid on a partial
basis.
(b) Invoice preparation. The Contractor
shall prepare its invoice or request for
contract financing payment in accordance
with FAR 32.905 on the prescribed
Government forms, or the Contractor may
submit self-designed forms which contain the
required information. Standard Form 1034,
Public Voucher for Purchases and Services
other than Personal, is prescribed for used by
contractors to show the amount claimed for
reimbursement. Standard Form 1035, Public
Voucher for Purchases and Services other
than Personal—Continuation Sheet, is
prescribed for use to furnish the necessary
supporting detail or additional information
required by the Contracting Officer.
(c) Invoice content. (1) The Contractor shall
prepare a contract level invoice or request for
contract financing payment in accordance
with the invoice preparation instructions. If
contract work is authorized by an individual
task order or delivery order (TO/DO), the
invoice or request for contract financing
payment shall also include a summary of the
current and cumulative amounts claimed by
cost element for each TO/DO and for the
contract total, as well as any supporting data
for each TO/DO as identified in the
instructions.
(2) The invoice or request for contract
financing payment shall include current and
cumulative charges by major cost element
such as direct labor, overhead, travel,
equipment, and other direct costs. For
current costs, each major cost element shall
include the appropriate supporting schedule
identified in the invoice preparation
instructions. Cumulative charges represent
the net sum of current charges by cost
element for the contract period.
(d) Subcontractor charges. (1) The charges
for subcontracts shall be further detailed in
a supporting schedule showing the major
cost elements for each subcontract.
(2) On a case-by-case basis, when needed
to verify the reasonableness of subcontractor
costs, the Contracting Officer may require
that the contractor obtain from the
subcontractor cost information in the detail
set forth in paragraph (c)(2) of this section.
This information should be obtained through
a means which maintains subcontractor
confidentiality (for example, via sealed
envelopes), if the subcontractor expresses
Confidential Business Information (CBI)
concerns.
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(e) Period of performance indication.
Invoices or requests for contract financing
payment must clearly indicate the period of
performance for which payment is requested.
Separate invoices or requests for contract
financing payment are required for charges
applicable to the base contract and each
option period.
(f) Invoice submittal. (1) Notwithstanding
the provisions of the clause of this contract
at FAR 52.216–7, Allowable Cost and
Payment, invoices or requests for contract
financing payment shall be submitted once
per month unless there has been a
demonstrated need and Contracting Officer
approval for more frequent billings. When
submitted on a monthly basis, the period
covered by invoices or requests for contractor
financing payments shall be the same as the
period for monthly progress reports required
under this contract.
(2) If the Contracting Officer allows
submissions more frequently than monthly,
one submittal each month shall have the
same ending period of performance as the
monthly progress report.
(3) Where cumulative amounts on the
monthly progress report differ from the
aggregate amounts claimed in the invoice(s)
or request(s) for contract financing payments
covering the same period, the contractor shall
provide a reconciliation of the difference as
part of the payment request.
(g) EPA Invoice Preparation Instructions—
SF 1034. The information which a contractor
is required to submit in its Standard Form
1034 is set forth as follows:
(1) U.S. Department, Bureau, or
establishment and location—Insert the names
and address of the servicing finance office,
unless the contract specifically provides
otherwise.
(2) Date Voucher Prepared—Insert date on
which the public voucher is prepared and
submitted.
(3) Contract/Delivery Order Number and
Date—Insert the number and date of the
contract and task order or delivery order, if
applicable, under which reimbursement is
claimed.
(4) Requisition Number and Date—Leave
blank.
(5) Voucher Number—Insert the
appropriate serial number of the voucher. A
separate series of consecutive numbers,
beginning with Number 1, shall be used by
the contractor for each new contract. For an
adjustment invoice, write ‘‘[invoice number]
#Adj’’ at the voucher number. For a final
invoice, put invoice number F. For a
completion invoice, put invoice number #C.
(6) Schedule Number; Paid By; Date
Invoice Received—Leave blank.
(7) Discount Terms—Enter terms of
discount, if applicable.
(8) Payee’s Account Number—This space
may be used by the contractor to record the
account or job number(s) assigned to the
contract or may be left blank.
(9) Payee’s Name and Address—Show the
name of the contractor exactly as it appears
in the contract and its correct address, except
when an assignment has been made by the
contractor, or the right to receive payment
has been restricted, as in the case of an
advance account. When the right to receive
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payment is restricted, the type of information
to be shown in this space shall be furnished
by the Contracting Officer.
(10) Shipped From; To; Weight
Government B/L Number—Insert for supply
contracts.
(11) Date of Delivery or Service—Show the
month, day and year, beginning and ending
dates of incurrence of costs claimed for
reimbursement. Adjustments to costs for
prior periods should identify the period
applicable to their incurrence, e.g., revised
provisional or final indirect cost rates, award
fee, etc.
(12) Articles or Services—Insert the
following: ‘‘For detail, see Standard Form
1035 total amount claimed transferred from
Page _of Standard Form 1035.’’ Insert ‘‘COST
REIMBURSABLE—PROVISIONAL
PAYMENT’’ or ‘‘INDEFINITE QUANTITY/
INDEFINITE DELIVERY—PROVISIONAL
PAYMENT’’ on the Interim public vouchers.
Insert ‘‘COST REIMBURSABLE—
COMPLETION VOUCHER’’ or ‘‘INDEFINITE
QUANTITY/INDEFINITE DELIVERY—
COMPLETION VOUCHER’’ on the
Completion public voucher. Insert ‘‘COST
REIMBURSABLE—FINAL VOUCHER’’ or
‘‘INDEFINITE QUANTITY/INDEFINITE
DELIVERY—FINAL VOUCHER’’ on the final
public voucher. Insert the following
certification, signed by an authorized official,
on the face of the Standard Form 1034:
‘‘I certify that all payments requested are
for appropriate purposes and in accordance
with the agreements set forth in the
contract.’’
lllllllllllllllllllll
(Name of Official)
lllllllllllllllllllll
(Title)
(13) Quantity; Unit Price—Insert for supply
contracts.
(14) Amount—Insert the amount claimed
for the period indicated in paragraph (g)(11)
of this clause.
(h) EPA Invoice Preparation Instructions—
SF 1035. The information which a contractor
is required to submit in its Standard Form
1035 is set forth as follows:
(1) U.S. Department, Bureau, or
Establishment—Insert the name and address
of the servicing finance office.
(2) Voucher Number—Insert the voucher
number as shown on the Standard Form
1034.
(3) Schedule Number—Leave blank.
(4) Sheet Number—Insert the sheet number
if more than one sheet is used in numerical
sequence. Use as many sheets as necessary to
show the information required.
(5) Number and Date of Order—Insert
payee’s name and address as in the Standard
Form 1034.
(6) Articles or Services—Insert the contract
number as in the Standard Form 1034.
(7) Amount—Insert the latest estimated
cost, fee (fixed, base, or award, as applicable),
total contract value, and amount and type of
fee payable (as applicable).
(8) A summary of claimed current and
cumulative costs and fee by major cost
element—Include the rate(s) at which
indirect costs are claimed and indicate the
base of each by identifying the line of costs
to which each is applied. The rates invoiced
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Rules and Regulations
should be as specified in the contract or by
a rate agreement negotiated by EPA’s Cost
and Rate Negotiation Team.
(9) Fee—The fee shall be determined in
accordance with instructions appearing in
the contract.
Note to paragraph (h)—Amounts claimed
on vouchers must be based on records
maintained by the contractor to show by
major cost element the amounts claimed for
reimbursement for each applicable contract.
The records must be maintained based on the
contractor’s fiscal year and should include
reconciliations of any differences between
the costs incurred and amounts claimed for
reimbursement. A memorandum record
reconciling the total indirect cost(s) claimed
should also be maintained.
(i) Supporting Schedules for Cost
Reimbursement Contracts. The following
backup information is required as an
attachment to the invoice as shown by
category of cost:
(1) Direct Labor—Identify the number of
hours (by contractor labor category and total)
and the total loaded direct labor hours billed
for the period in the invoice.
(2) Indirect Cost Rates—Identify by cost
center, the indirect cost rate, the period, and
the cost base to which it is applied.
(3) Subcontracts—Identify the major cost
elements for each subcontract.
(4) Other Direct Costs—When the cost for
an individual cost (e.g., photocopying,
material and supplies, telephone usage)
exceeds $1,000 per the invoice period,
provide a detailed explanation for that cost
category.
(5) Contractor Acquired Equipment (if
authorized by the contract)—Identify by item
the quantities, unit prices, and total dollars
billed.
(6) Contractor Acquired Software (if
authorized by the contract)—Identify by item
the quantities, unit prices, and total dollars
billed.
(7) Travel—When travel costs exceed
$2,000 per invoice period, identify by trip,
the number of travelers, the duration of
travel, the point of origin, destination,
purpose of trip, transportation by unit price,
per diem rates on daily basis and total dollars
billed. Detailed reporting is not required for
local travel. The manner of breakdown, e.g.,
task order/delivery order basis with/without
separate program management, contract
period will be specified in the contract
instructions.
Note to paragraph (i)—Any costs requiring
advance consent by the Contracting Officer
will be considered improper and will be
disallowed, if claimed prior to receipt of
Contracting Officer consent. Include the total
cost claimed for the current and cumulativeto-date periods. After the total amount
claimed, provide summary dollar amounts
disallowed on the contract as of the date of
the invoice. Also include an explanation of
the changes in cumulative costs disallowed
by addressing each adjustment in terms of:
Voucher number, date, dollar amount,
source, and reason for the adjustment.
Disallowed costs should be identified in
unallowable accounts in the contractor’s
accounting system.
(j) Supporting Schedules for Time and
Materials Contracts. The following backup
VerDate Sep<11>2014
16:42 Feb 18, 2020
Jkt 250001
information is required as an attachment to
the invoice as shown by category of cost:
(1) Direct Labor—Identify the number of
hours (by contractor labor category and total)
and the total direct labor hours billed for the
period of the invoice.
(2) Subcontracts—Identify the major cost
elements for each subcontract.
(3) Other Direct Costs—When the cost for
an individual cost (e.g., photocopying,
material and supplies, telephone usage)
exceeds $1,000 per the invoice period,
provide a detailed explanation for that cost
category.
(4) Indirect Cost Rates—Identify by cost
center, the indirect cost rate, the period, and
the cost base to which it is applied.
(5) Contractor Acquired Equipment—
Identify by item the quantities, unit prices,
and total dollars billed.
(6) Contractor Acquired Software—Identify
by item the quantities, unit prices, and total
dollars billed.
(7) Travel—When travel costs exceed
$2,000 per invoice period, identify by trip,
the number of travelers, the duration of
travel, the point of origin, destination,
purpose of trip, transportation by unit price,
per diem rates on daily basis and total dollars
billed. Detailed reporting is not required for
local travel. The manner of breakdown, e.g.,
task order/delivery order basis with/without
separate program management, contract
period will be specified in the contract
instructions.
Note to paragraph (j)—Any costs requiring
advance consent by the Contracting Officer
will be considered improper and will be
disallowed, if claimed prior to receipt of
Contracting Officer consent. Include the total
cost claimed for the current and cumulativeto-date periods. After the total amount
claimed, provide summary dollar amounts
disallowed on the contract as of the date of
the invoice. Also include an explanation of
the changes in cumulative costs disallowed
by addressing each adjustment in terms of:
Voucher number, date, dollar amount,
source, and reason for the adjustment.
Disallowed costs should be identified in
unallowable accounts in the contractor’s
accounting system.
(k) Adjustment vouchers. Adjustment
vouchers should be submitted if finalized
indirect rates were received but the rates are
not for the entire period of performance. For
example, the base period of performance is
for a calendar year but your indirect rates are
by fiscal year. Hence, only part of the base
period can be adjusted for the applicable
final indirect rates. These invoices should be
annotated with ‘‘adj’’ after the invoice
number.
(l) Final vouchers. Final Vouchers shall be
submitted if finalized rates have been
received for the entire period of performance.
For example, the base period of performance
is for a calendar year but your indirect rates
are by fiscal year. You have received
finalized rates for the entire base period that
encompass both fiscal years that cover the
base period. In accordance with FAR 52.216–
7, these invoices shall be submitted within
60 days after settlement of final indirect cost
rates. They should be annotated with the
word ‘‘Final’’ or ‘‘F’’ after the invoice
PO 00000
Frm 00035
Fmt 4700
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9397
number. Due to system limitations, the
invoice number cannot be more than 11
characters to include spaces.
(m) Completion vouchers. In accordance
with FAR 52.216–7(d)(5), a completion
voucher shall be submitted within 120 days
(or longer if approved in writing by the
Contracting Officer) after settlement of the
final annual indirect cost rates for all years
of a physically complete contract. The
voucher shall reflect the settled amounts and
rates. It shall include settled subcontract
amounts and rates. The prime contractor is
responsible for settling subcontractor
amounts and rates included in the
completion invoice. Since EPA’s invoices
must be on a period of performance basis, the
contractor shall have a completion invoice
for each year of the period of performance.
This voucher must be submitted to the
Contracting Officer for review and approval
before final payment can be made on the
contract. The Contracting Officer may request
an audit of the completion vouchers before
final payment is made. In addition, once
approved, the Contracting Officer will
request the appropriate closeout paperwork
for the contract. For contracts separately
invoiced by delivery or task order, provide a
schedule showing final total costs claimed by
delivery or task order and in total for the
contract. In addition to the completion
voucher, the contractor must submit the
Contractor’s Release; Assignee’s Release, if
applicable; the Contractor’s Assignment of
Refunds, Rebates, Credits and other
Amounts; the Assignee’s Assignment of
Refunds, Rebates, Credits and other
Amounts, if applicable; and the Contractor’s
Affidavit of Waiver of Lien, when required by
the contract.
Alternate I (MAY 2019)
As prescribed in 1532.908, substitute the
following paragraphs (c)(1) and (2) for
paragraphs (c)(1) and (2) if used in a noncommercial time and materials type contract:
(c)(1) The Contractor shall prepare a
contract level invoice or request for contract
financing payment in accordance with the
invoice preparation instructions. If contract
work is authorized by individual task order
or delivery order (TO/DO), the invoice or
request for contract financing payment shall
also include a summary of the current and
cumulative amounts claimed by cost element
for each TO/DO and for the contract total, as
well as any supporting data for each TO/DO
as identified in the instructions.
(2) The invoice or request for contract
financing payment that employs a fixed rate
feature shall include current and cumulative
charges by contract labor category and by
other major cost elements such as travel,
equipment, and other direct costs. For
current costs, each cost element shall include
the appropriate supporting schedules
identified in the invoice preparation
instructions.
(End of clause)
[FR Doc. 2020–02269 Filed 2–18–20; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Rules and Regulations]
[Pages 9393-9397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02269]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1552
[EPA-HQ-OMS-2018-0742; FRL 10002-43-OMS]
Environmental Protection Agency Acquisition Regulation (EPAAR)
Clause Update for Submission of Invoices
AGENCY: Environmental Protection Agency (EPA).
[[Page 9394]]
ACTION: Final rule; correction and republication.
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SUMMARY: The Environmental Protection Agency (EPA) is revising its
Submission of Invoices clause to add electronic invoicing requirements.
In 2019 the EPA will begin using the Invoice Processing Platform (IPP),
which is a secure web-based service provided by the U.S. Treasury that
efficiently manages government invoicing. This republication is
necessary because the wrong Code of Federal Regulations number appeared
in the document header, the List of Subjects, and the words of
issuance.
DATES: Effective February 19, 2020, this final rule corrects and
republishes the final rule published at 84 FR 21714 (May 15, 2019),
applicable as of May 15, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OARM-2018-0742. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Thomas Valentino, Policy, Training,
and Oversight Division, Office of Acquisition Solutions (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-564-4522; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
This republication is necessary because the wrong Code of Federal
Regulations (CFR) number appeared in the document header, the List of
Subjects and the words of issuance. This document correctly lists the
CFR title number as title 48 not title 40. The EPA is revising clause
1552.232-70, Submission of Invoices, to add electronic invoicing
requirements. In 2019 the EPA will begin using the Invoice Processing
Platform (IPP), which is a secure web-based service provided by the
U.S. Treasury that efficiently manages government invoicing. Currently
the EPA requires contractors and vendors to submit paper invoices,
which are inefficient and costly. The EPA will also begin using IPP to
satisfy the requirements of Office of Management and Budget (OMB)
Memorandum M-15-19, Improving Government Efficiency and Saving Taxpayer
Dollars Through Electronic Invoicing. By changing the subject clause to
require electronic invoicing, the EPA will reap benefits of efficiency
and cost that have become ubiquitous in modern commerce, and be in
compliance with Memorandum M-15-19. On December 20, 2018 (83 FR 65328)
EPA sought comments on the proposed rule and received no comments.
II. Final Rule
The final rule amends EPAAR part 1552, Solicitation Provisions and
Contract Clauses, by revising EPAAR section 1552.232-70, Submission of
Invoices.
1. EPAAR section 1552.232-70, Submission of Invoices clause is
revised to provide new electronic invoicing requirements as the EPA
begins using the IPP electronic-invoicing program in 2019. The clause
is revised by replacing the preamble and paragraphs (a) and (b), with
new paragraphs (a) and (b), that update the old paper invoicing
instructions to electronic invoicing. Paragraph (g)(5) is revised to
remove references to suspended costs, which are not authorized under
IPP. The ``Note to paragraph (i)'' and ``Note to paragraph (j)'' are
also being revised to remove references to suspended costs. Finally,
paragraph (k) and ``Note to paragraph (k)'' are being removed because
suspended costs are not allowed under IPP, which re-letters the last
three paragraphs, re-designating paragraphs (l) through (n) as
paragraphs (k) through (m), respectively.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
and therefore, not subject to review under the E.O.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et.
seq.
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
For purposes of assessing the impact of today's final rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR clause and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
This rule contains no Federal mandates (under the regulatory
provisions of the Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of Sections 202 and 205 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an
[[Page 9395]]
accountable process to ensure ``meaningful and timely input by State
and Local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government as
specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications as specified in Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution of Use'' (66 FR 28335 (May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C. 272 note) of NTTA, Public Law 104-113,
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (E.O.) 12898 (59 FR 7629 (February 16, 1994)
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rulemaking does not involve human health or
environmental effects.
List of Subjects in 48 CFR Part 1552
Environmental protection, Government procurement, Reporting and
recordkeeping requirements, Solicitation provisions and contract
clauses.
Dated: January 24, 2020.
Kimberly Y. Patrick,
Director, Office of Acquisition Solutions.
Therefore, 48 CFR part 1552 is amended as set forth below:
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for part 1552 continues to read as follows:
Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.
0
2. Revise section 1552.232-70 to read as follows:
1552.232-70 Submission of invoices.
As prescribed in 1532.908, insert the following clause:
Submission of Invoices (MAY 2019)
(a) Electronic invoicing and the Invoice Processing Platform
(IPP)--(1) Definitions. As used in this clause--
Contract financing payment and invoice payment are defined in
Federal Acquisition Regulation (FAR) 32.001.
Electronic form means an automated system that transmits
information electronically from the initiating system to all
affected systems. Facsimile, email, and scanned documents are not
acceptable electronic forms for submission of payment requests.
However, scanned documents are acceptable when they are part of a
submission of a payment request made using Invoice Processing
Platform or another electronic form authorized by the Contracting
Officer.
Payment request means any request for contract financing payment
or invoice payment submitted by the Contractor under this contract.
(2)(i) Except as provided in paragraph (c) of this clause, the
Contractor shall submit invoices using the electronic invoicing
program Invoice Processing Platform (IPP), which is a secure web-
based service provided by the U.S. Treasury that more efficiently
manages government invoicing.
(ii) Under this contract, the following documents are required
to be submitted as an attachment to the IPP invoice: (This is a
fill-in for acceptable types of required documentation, such as an
SF 1034 and 1035, or an invoice/self-designed form on company
letterhead that contains the required information.)
(iii) The Contractor's Government Business Point of Contact (as
listed in System for Award Management (SAM)) will receive enrollment
instructions via email from the IPP. The Contractor must register
within 3 to 5 days of receipt of such email from IPP.
(iv) Contractor assistance with enrollment can be obtained by
contacting the IPP Production Helpdesk via email at
[email protected] or by telephone at (866) 973-
3131.
(3) If the Contractor is unable to comply with the requirement
to use IPP for submitting invoices for payment, the Contractor shall
submit a waiver request in writing to the Contracting Officer. The
Contractor may submit an invoice using other than IPP only when--
(i) The Contracting Officer administering the contract for
payment has determined, in writing, that electronic submission would
be
[[Page 9396]]
unduly burdensome to the Contractor; and in such cases, the
Contracting Officer shall modify the contract to include a copy of
the Determination; or
(ii) When the Governmentwide commercial purchase card is used as
the method of payment.
(4) The Contractor shall submit any non-electronic payment
requests using the method or methods specified in Section G of the
contract.
(5) 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.
(6) Invoices submitted through IPP will be either rejected, or
accepted and paid, in their entirety, and will not be paid on a
partial basis.
(b) Invoice preparation. The Contractor shall prepare its
invoice or request for contract financing payment in accordance with
FAR 32.905 on the prescribed Government forms, or the Contractor may
submit self-designed forms which contain the required information.
Standard Form 1034, Public Voucher for Purchases and Services other
than Personal, is prescribed for used by contractors to show the
amount claimed for reimbursement. Standard Form 1035, Public Voucher
for Purchases and Services other than Personal--Continuation Sheet,
is prescribed for use to furnish the necessary supporting detail or
additional information required by the Contracting Officer.
(c) Invoice content. (1) The Contractor shall prepare a contract
level invoice or request for contract financing payment in
accordance with the invoice preparation instructions. If contract
work is authorized by an individual task order or delivery order
(TO/DO), the invoice or request for contract financing payment shall
also include a summary of the current and cumulative amounts claimed
by cost element for each TO/DO and for the contract total, as well
as any supporting data for each TO/DO as identified in the
instructions.
(2) The invoice or request for contract financing payment shall
include current and cumulative charges by major cost element such as
direct labor, overhead, travel, equipment, and other direct costs.
For current costs, each major cost element shall include the
appropriate supporting schedule identified in the invoice
preparation instructions. Cumulative charges represent the net sum
of current charges by cost element for the contract period.
(d) Subcontractor charges. (1) The charges for subcontracts
shall be further detailed in a supporting schedule showing the major
cost elements for each subcontract.
(2) On a case-by-case basis, when needed to verify the
reasonableness of subcontractor costs, the Contracting Officer may
require that the contractor obtain from the subcontractor cost
information in the detail set forth in paragraph (c)(2) of this
section. This information should be obtained through a means which
maintains subcontractor confidentiality (for example, via sealed
envelopes), if the subcontractor expresses Confidential Business
Information (CBI) concerns.
(e) Period of performance indication. Invoices or requests for
contract financing payment must clearly indicate the period of
performance for which payment is requested. Separate invoices or
requests for contract financing payment are required for charges
applicable to the base contract and each option period.
(f) Invoice submittal. (1) Notwithstanding the provisions of the
clause of this contract at FAR 52.216-7, Allowable Cost and Payment,
invoices or requests for contract financing payment shall be
submitted once per month unless there has been a demonstrated need
and Contracting Officer approval for more frequent billings. When
submitted on a monthly basis, the period covered by invoices or
requests for contractor financing payments shall be the same as the
period for monthly progress reports required under this contract.
(2) If the Contracting Officer allows submissions more
frequently than monthly, one submittal each month shall have the
same ending period of performance as the monthly progress report.
(3) Where cumulative amounts on the monthly progress report
differ from the aggregate amounts claimed in the invoice(s) or
request(s) for contract financing payments covering the same period,
the contractor shall provide a reconciliation of the difference as
part of the payment request.
(g) EPA Invoice Preparation Instructions--SF 1034. The
information which a contractor is required to submit in its Standard
Form 1034 is set forth as follows:
(1) U.S. Department, Bureau, or establishment and location--
Insert the names and address of the servicing finance office, unless
the contract specifically provides otherwise.
(2) Date Voucher Prepared--Insert date on which the public
voucher is prepared and submitted.
(3) Contract/Delivery Order Number and Date--Insert the number
and date of the contract and task order or delivery order, if
applicable, under which reimbursement is claimed.
(4) Requisition Number and Date--Leave blank.
(5) Voucher Number--Insert the appropriate serial number of the
voucher. A separate series of consecutive numbers, beginning with
Number 1, shall be used by the contractor for each new contract. For
an adjustment invoice, write ``[invoice number] #Adj'' at the
voucher number. For a final invoice, put invoice number F. For a
completion invoice, put invoice number #C.
(6) Schedule Number; Paid By; Date Invoice Received--Leave
blank.
(7) Discount Terms--Enter terms of discount, if applicable.
(8) Payee's Account Number--This space may be used by the
contractor to record the account or job number(s) assigned to the
contract or may be left blank.
(9) Payee's Name and Address--Show the name of the contractor
exactly as it appears in the contract and its correct address,
except when an assignment has been made by the contractor, or the
right to receive payment has been restricted, as in the case of an
advance account. When the right to receive payment is restricted,
the type of information to be shown in this space shall be furnished
by the Contracting Officer.
(10) Shipped From; To; Weight Government B/L Number--Insert for
supply contracts.
(11) Date of Delivery or Service--Show the month, day and year,
beginning and ending dates of incurrence of costs claimed for
reimbursement. Adjustments to costs for prior periods should
identify the period applicable to their incurrence, e.g., revised
provisional or final indirect cost rates, award fee, etc.
(12) Articles or Services--Insert the following: ``For detail,
see Standard Form 1035 total amount claimed transferred from Page
_of Standard Form 1035.'' Insert ``COST REIMBURSABLE--PROVISIONAL
PAYMENT'' or ``INDEFINITE QUANTITY/INDEFINITE DELIVERY--PROVISIONAL
PAYMENT'' on the Interim public vouchers. Insert ``COST
REIMBURSABLE--COMPLETION VOUCHER'' or ``INDEFINITE QUANTITY/
INDEFINITE DELIVERY--COMPLETION VOUCHER'' on the Completion public
voucher. Insert ``COST REIMBURSABLE--FINAL VOUCHER'' or ``INDEFINITE
QUANTITY/INDEFINITE DELIVERY--FINAL VOUCHER'' on the final public
voucher. Insert the following certification, signed by an authorized
official, on the face of the Standard Form 1034:
``I certify that all payments requested are for appropriate
purposes and in accordance with the agreements set forth in the
contract.''
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(Name of Official)
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(Title)
(13) Quantity; Unit Price--Insert for supply contracts.
(14) Amount--Insert the amount claimed for the period indicated
in paragraph (g)(11) of this clause.
(h) EPA Invoice Preparation Instructions--SF 1035. The
information which a contractor is required to submit in its Standard
Form 1035 is set forth as follows:
(1) U.S. Department, Bureau, or Establishment--Insert the name
and address of the servicing finance office.
(2) Voucher Number--Insert the voucher number as shown on the
Standard Form 1034.
(3) Schedule Number--Leave blank.
(4) Sheet Number--Insert the sheet number if more than one sheet
is used in numerical sequence. Use as many sheets as necessary to
show the information required.
(5) Number and Date of Order--Insert payee's name and address as
in the Standard Form 1034.
(6) Articles or Services--Insert the contract number as in the
Standard Form 1034.
(7) Amount--Insert the latest estimated cost, fee (fixed, base,
or award, as applicable), total contract value, and amount and type
of fee payable (as applicable).
(8) A summary of claimed current and cumulative costs and fee by
major cost element--Include the rate(s) at which indirect costs are
claimed and indicate the base of each by identifying the line of
costs to which each is applied. The rates invoiced
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should be as specified in the contract or by a rate agreement
negotiated by EPA's Cost and Rate Negotiation Team.
(9) Fee--The fee shall be determined in accordance with
instructions appearing in the contract.
Note to paragraph (h)--Amounts claimed on vouchers must be based
on records maintained by the contractor to show by major cost
element the amounts claimed for reimbursement for each applicable
contract. The records must be maintained based on the contractor's
fiscal year and should include reconciliations of any differences
between the costs incurred and amounts claimed for reimbursement. A
memorandum record reconciling the total indirect cost(s) claimed
should also be maintained.
(i) Supporting Schedules for Cost Reimbursement Contracts. The
following backup information is required as an attachment to the
invoice as shown by category of cost:
(1) Direct Labor--Identify the number of hours (by contractor
labor category and total) and the total loaded direct labor hours
billed for the period in the invoice.
(2) Indirect Cost Rates--Identify by cost center, the indirect
cost rate, the period, and the cost base to which it is applied.
(3) Subcontracts--Identify the major cost elements for each
subcontract.
(4) Other Direct Costs--When the cost for an individual cost
(e.g., photocopying, material and supplies, telephone usage) exceeds
$1,000 per the invoice period, provide a detailed explanation for
that cost category.
(5) Contractor Acquired Equipment (if authorized by the
contract)--Identify by item the quantities, unit prices, and total
dollars billed.
(6) Contractor Acquired Software (if authorized by the
contract)--Identify by item the quantities, unit prices, and total
dollars billed.
(7) Travel--When travel costs exceed $2,000 per invoice period,
identify by trip, the number of travelers, the duration of travel,
the point of origin, destination, purpose of trip, transportation by
unit price, per diem rates on daily basis and total dollars billed.
Detailed reporting is not required for local travel. The manner of
breakdown, e.g., task order/delivery order basis with/without
separate program management, contract period will be specified in
the contract instructions.
Note to paragraph (i)--Any costs requiring advance consent by
the Contracting Officer will be considered improper and will be
disallowed, if claimed prior to receipt of Contracting Officer
consent. Include the total cost claimed for the current and
cumulative-to-date periods. After the total amount claimed, provide
summary dollar amounts disallowed on the contract as of the date of
the invoice. Also include an explanation of the changes in
cumulative costs disallowed by addressing each adjustment in terms
of: Voucher number, date, dollar amount, source, and reason for the
adjustment. Disallowed costs should be identified in unallowable
accounts in the contractor's accounting system.
(j) Supporting Schedules for Time and Materials Contracts. The
following backup information is required as an attachment to the
invoice as shown by category of cost:
(1) Direct Labor--Identify the number of hours (by contractor
labor category and total) and the total direct labor hours billed
for the period of the invoice.
(2) Subcontracts--Identify the major cost elements for each
subcontract.
(3) Other Direct Costs--When the cost for an individual cost
(e.g., photocopying, material and supplies, telephone usage) exceeds
$1,000 per the invoice period, provide a detailed explanation for
that cost category.
(4) Indirect Cost Rates--Identify by cost center, the indirect
cost rate, the period, and the cost base to which it is applied.
(5) Contractor Acquired Equipment--Identify by item the
quantities, unit prices, and total dollars billed.
(6) Contractor Acquired Software--Identify by item the
quantities, unit prices, and total dollars billed.
(7) Travel--When travel costs exceed $2,000 per invoice period,
identify by trip, the number of travelers, the duration of travel,
the point of origin, destination, purpose of trip, transportation by
unit price, per diem rates on daily basis and total dollars billed.
Detailed reporting is not required for local travel. The manner of
breakdown, e.g., task order/delivery order basis with/without
separate program management, contract period will be specified in
the contract instructions.
Note to paragraph (j)--Any costs requiring advance consent by
the Contracting Officer will be considered improper and will be
disallowed, if claimed prior to receipt of Contracting Officer
consent. Include the total cost claimed for the current and
cumulative-to-date periods. After the total amount claimed, provide
summary dollar amounts disallowed on the contract as of the date of
the invoice. Also include an explanation of the changes in
cumulative costs disallowed by addressing each adjustment in terms
of: Voucher number, date, dollar amount, source, and reason for the
adjustment. Disallowed costs should be identified in unallowable
accounts in the contractor's accounting system.
(k) Adjustment vouchers. Adjustment vouchers should be submitted
if finalized indirect rates were received but the rates are not for
the entire period of performance. For example, the base period of
performance is for a calendar year but your indirect rates are by
fiscal year. Hence, only part of the base period can be adjusted for
the applicable final indirect rates. These invoices should be
annotated with ``adj'' after the invoice number.
(l) Final vouchers. Final Vouchers shall be submitted if
finalized rates have been received for the entire period of
performance. For example, the base period of performance is for a
calendar year but your indirect rates are by fiscal year. You have
received finalized rates for the entire base period that encompass
both fiscal years that cover the base period. In accordance with FAR
52.216-7, these invoices shall be submitted within 60 days after
settlement of final indirect cost rates. They should be annotated
with the word ``Final'' or ``F'' after the invoice number. Due to
system limitations, the invoice number cannot be more than 11
characters to include spaces.
(m) Completion vouchers. In accordance with FAR 52.216-7(d)(5),
a completion voucher shall be submitted within 120 days (or longer
if approved in writing by the Contracting Officer) after settlement
of the final annual indirect cost rates for all years of a
physically complete contract. The voucher shall reflect the settled
amounts and rates. It shall include settled subcontract amounts and
rates. The prime contractor is responsible for settling
subcontractor amounts and rates included in the completion invoice.
Since EPA's invoices must be on a period of performance basis, the
contractor shall have a completion invoice for each year of the
period of performance. This voucher must be submitted to the
Contracting Officer for review and approval before final payment can
be made on the contract. The Contracting Officer may request an
audit of the completion vouchers before final payment is made. In
addition, once approved, the Contracting Officer will request the
appropriate closeout paperwork for the contract. For contracts
separately invoiced by delivery or task order, provide a schedule
showing final total costs claimed by delivery or task order and in
total for the contract. In addition to the completion voucher, the
contractor must submit the Contractor's Release; Assignee's Release,
if applicable; the Contractor's Assignment of Refunds, Rebates,
Credits and other Amounts; the Assignee's Assignment of Refunds,
Rebates, Credits and other Amounts, if applicable; and the
Contractor's Affidavit of Waiver of Lien, when required by the
contract.
Alternate I (MAY 2019)
As prescribed in 1532.908, substitute the following paragraphs
(c)(1) and (2) for paragraphs (c)(1) and (2) if used in a non-
commercial time and materials type contract:
(c)(1) The Contractor shall prepare a contract level invoice or
request for contract financing payment in accordance with the
invoice preparation instructions. If contract work is authorized by
individual task order or delivery order (TO/DO), the invoice or
request for contract financing payment shall also include a summary
of the current and cumulative amounts claimed by cost element for
each TO/DO and for the contract total, as well as any supporting
data for each TO/DO as identified in the instructions.
(2) The invoice or request for contract financing payment that
employs a fixed rate feature shall include current and cumulative
charges by contract labor category and by other major cost elements
such as travel, equipment, and other direct costs. For current
costs, each cost element shall include the appropriate supporting
schedules identified in the invoice preparation instructions.
(End of clause)
[FR Doc. 2020-02269 Filed 2-18-20; 8:45 am]
BILLING CODE 6560-50-P
