Environmental Protection Agency Acquisition Regulation (EPAAR); Electronic Invoicing and the Invoice Processing Platform (IPP), 19833-19838 [2021-07580]
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Federal Register / Vol. 86, No. 71 / Thursday, April 15, 2021 / Proposed Rules
[FR Doc. 2021–07762 Filed 4–14–21; 8:45 am]
I. General Information
BILLING CODE 4150–03–P
1. Submitting Classified Business
Information. Do not submit CBI to EPA
website https://www.regulations.gov or
email. Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information in a disk or CD–
ROM that you mail to EPA, mark the
outside of the disk or CD–ROM as CBI,
and then identify electronically within
the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The Agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) Part or section
number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
3. Instructions: All submissions
received must include the Docket ID No.
for this rulemaking. Comments received
may be posted without change to
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any personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document. Out of an abundance of
caution for members of the public and
our staff, the EPA Docket Center and
Reading Room are closed to the public,
with limited exceptions, to reduce the
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1532 and 1552
[EPA–HQ–OMS–2020–0389; FRL–10021–63–
OMS]
Environmental Protection Agency
Acquisition Regulation (EPAAR);
Electronic Invoicing and the Invoice
Processing Platform (IPP)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is amending an existing
EPAAR clause to further address
electronic invoicing at EPA via the
Invoice Processing Platform (IPP).
DATES: Comments must be received on
or before June 14, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OMS–2020–0389, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Thomas Valentino, Policy, Training and
Oversight Division, Acquisition Policy
and Training Branch (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:
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risk of transmitting COVID–19. Our
Docket Center staff will continue to
provide remote customer service via
email, phone, and webform. We
encourage the public to submit
comments via https://
www.regulations.gov/ or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets. The EPA
continues to carefully and continuously
monitor information from the Centers
for Disease Control and Prevention
(CDC), local area health departments,
and our Federal partners so that we can
respond rapidly as conditions change
regarding COVID–19.
II. Background
The EPA is amending an existing
EPAAR clause to further address
electronic invoicing at EPA via the
Invoice Processing Platform (IPP).
Currently EPA has one clause that
addresses IPP, which is clause
1552.232–70, Submission of Invoices.
Clause 1552.232–70 is written for costreimbursable and time-and-materials
contracts and orders where considerable
supporting documentation is required.
Such documentation is necessary for
those types of contracts and orders but
is not necessary for other contract types,
like firm-fixed-price (FFP). Therefore,
the subject clause is being amended to
include other contract and order types
like FFP, when it is not suitable to use
clause 1552.232–70 in its current form.
III. Proposed Rule
The proposed rule amends EPA
Acquisition Regulation (EPAAR) part
1532, Contract Financing, by amending
§ 1532.908, Contract Clauses. EPAAR
Subpart 1552.2, Texts of Provisions and
Clauses, is amended by modifying
EPAAR § 1552.232–70 and also
changing the clause title, from
Submission of Invoices to Additional
Instructions for Submission of
Electronic Invoices via the Invoice
Processing Platform (IPP).
1. EPAAR § 1532.908 amends the
prescription for use of § 1552.232–70 by
adding a prescription for Alternate 2
use.
2. EPAAR § 1552.232–70, Submission
of Invoices, is changed to Additional
Instructions for Submission of
Electronic Invoices via the Invoice
Processing Platform (IPP), and adds an
Alternate 2.
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IV. Statutory and Executive Orders
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory 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 is therefore
not subject to review under the E.O.
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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. Burden is
defined at 5 CFR 1320.3(b).
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 this proposed 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; or (3) a
small organization that is any not-forprofit 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. In determining whether a rule
has a significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, because the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the
proposed rule on small entities’’ 5
U.S.C. 503 and 604. Thus, an agency
may certify that a rule will not have a
significant economic impact on a
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substantial number of small entities if
the rule relieves regulatory burden, or
otherwise has a positive economic effect
on all of the small entities subject to the
rule. This action establishes a new
EPAAR clause that will not have a
significant economic impact on a
substantial number of small entities. We
continue to be interested in the
potential impacts of the rule on small
entities and welcome comments on
issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA, Pub. L.
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
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
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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 E.O. 12886, and (2) concerns an
environmental health or safety risk that
may have a proportionate effect on
children. This rule is not subject to E.O.
13045 because it is not an economically
significant rule as defined by Executive
Order 12866, and because it does not
involve decisions on environment
health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution or 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
the National Technology Transfer and
Advancement Act of 1995, 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 NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
action 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 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
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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 proposed 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 in the general public.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a major rule may take effect,
the agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804(2)
defines a ‘‘major rule’’ as any rule that
the Administrator of the Office of
Information and Regulatory Affairs of
the Office of Management and Budget
finds has resulted in or is likely to result
in (1) an annual effect on the economy
of $100,000,000 or more; (2) a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or (3)
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets. EPA is not required to
submit a rule report regarding this
action under section 801 as this is not
a major rule by definition.
List of Subjects in 48 CFR Parts 1532
and 1552
Environmental protection,
Accounting, Government procurement,
Reporting and recordkeeping
requirements.
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Kimberly Patrick,
Director, Office of Acquisition Solutions.
For the reasons set forth in the
preamble, EPA proposes to amend
EPAAR parts 1532 and 1552 as follows:
PART 1532—CONTRACT FINANCING
1. The authority citations for part
1532 continue to read as follows:
■
Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.
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2. Revise § 1532.908 to read as
follows:
■
1532.908
Contract clause.
(a)(i) The Contracting Officer shall
insert clause 1552.232–70 in costreimbursable procurements.
(ii) The Contracting Officer shall
insert clause 1552.232–70 Alternate 1 in
fixed-rate and non-commercial time &
materials (T&M) procurements.
(iii) The Contracting Officer shall
insert clause 1552.232–70 Alternate 2 in
all other procurements where electronic
invoicing via the Invoice Processing
Platform (IPP) is required EXCEPT for
simplified acquisitions (for instance, use
Alternate 2 for contract/order types such
as firm-fixed-price, commercial items,
architect-engineering and construction).
(b) In addition to clause 1552.232–70,
Contracting Officers must also select the
appropriate Federal Acquisition
Regulation (FAR) clause to include in
the subject procurement in accordance
with FAR 32.908, as applicable.
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citations for part
1552 continue to read as follows:
■
Authority: 5 U.S.C. 301 and 41 U.S.C.
418b and 1707.
4. Revise § 1552.232–70, to read as
follows:
■
§ 1552.232–70 Additional Instructions for
Submission of Electronic Invoices via the
Invoice Processing Platform (IPP).
As prescribed in 1532.908, insert the
following clause:
Additional Instructions for Submission
of Electronic Invoices Via the Invoice
Processing Platform (IPP) (date)
(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
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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
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
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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) 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.
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(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 lof 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)
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(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) 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
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.
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(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
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
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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
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.
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19837
Alternate 1 (For use in fixed-rate and noncommercial time & materials (T&M)
procurements) (date). If the procurement is
fixed-rate or non-commercial T&M, substitute
the basic (c)(2) paragraph with the following:
(c)(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.
Alternate 2 (For use in all other
procurements where electronic invoicing via
the Invoice Processing Platform (IPP) is
required EXCEPT for simplified
acquisitions)(date). Use Alternate 2 for
contract/order types such as firm-fixed-price,
commercial items, architect-engineering and
construction for IPP purposes.
(a) Definitions. As used below—
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.
(b)(1) The Contractor shall submit invoices
using the electronic form 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.
(2) The Contractor’s Government Business
Point of Contact (as listed in System for
Award Management (SAM)) will receive
registration/enrollment instructions via email
from the IPP. Registration is free and the
Contractor must register within 3 to 5 days
of receipt of such email from IPP.
(3) 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.
(c) 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—
(1) The Contracting Officer administering
the contract for payment has determined, in
writing, that electronic form submission
would be unduly burdensome to the
Contractor; and in such cases, the
Contracting Officer shall modify the contract
to include a copy of the Determination; or
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(2) When the Governmentwide commercial
purchase card is used as the method of
payment.
(d) The Contractor shall submit any nonelectronic form payment requests using the
method or methods specified in the contract.
(e) Invoices submitted through IPP will be
either rejected, or accepted and paid, in their
entirety, and will not be paid on a partial
basis.
(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.
(g) If there are any additional invoice
instructions then please insert them below:
lllllllllllllllllllll
(End of clause)
[FR Doc. 2021–07580 Filed 4–14–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R4–ES–2017–0061 and
FWS–R4–ES–2020–0137; FF09E2100
FXES11110900000 212]
RIN 1018–BC14; 1018–BD50
Endangered and Threatened Wildlife
and Plants; Threatened Species
Status, Section 4(d) Rule, and
Designation of Critical Habitat for
Panama City Crayfish
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period and announcement of
public hearing.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), reopen the
public comment period on the proposed
rule to list the Panama City crayfish
(Procambarus econfinae) as a threatened
species under the Endangered Species
Act of 1973, as amended (Act); propose
a rule issued under section 4(d) of the
Act (‘‘4(d) rule’’) for the species; and
propose to designate critical habitat for
the Panama City crayfish under the Act.
In total, approximately 7,177 acres
(2,904 hectares) in Bay County, Florida,
fall within the boundaries of the
proposed critical habitat designation, all
of which are currently occupied by the
species. We also announce the
availability of a draft economic analysis
(DEA) for the proposed designation of
critical habitat for the Panama City
crayfish. We will accept comments on
the proposed listing, 4(d) rule, and
critical habitat designation, as well as
the draft economic analysis, during the
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SUMMARY:
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open comment period. Finally, we
announce a public informational
meeting and public hearing on the
proposed listing rule and this proposed
rule.
DATES:
Written comments: The comment
period on the proposed rule that
published January 3, 2018 (83 FR 330),
is reopened. We will accept comments
on that proposed rule, as well as the
new proposals described in this
document, that are received or
postmarked on or before June 14, 2021.
Comments submitted electronically
using the Federal eRulemaking Portal
(see ADDRESSES, below) must be
received by 11:59 p.m. Eastern Time on
the closing date.
Public informational meeting and
public hearing: We will hold a public
informational meeting on May 4, 2021,
from 6 p.m. to 7:30 p.m., Central Time,
followed by a public hearing from 7:30
p.m. to 8:30 p.m., Central Time.
ADDRESSES: You may submit comments
on the proposed rules or draft economic
analysis by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter Docket No. FWS–R4–ES–2017–
0061 for the proposed listing, or FWS–
R4–ES–2020–0137 for the proposed 4(d)
rule and critical habitat designation
(including the associated draft economic
analysis), which are the docket numbers
for the rulemakings. Then, click on the
Search button. On the resulting page, in
the Search panel on the left side of the
screen, under the Document Type
heading, check the Proposed Rule box to
locate the correct document. You may
submit a comment by clicking on
‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
[Docket No. FWS–R4–ES–2017–0061 for
the proposed listing, or FWS–R4–ES–
2020–0137 for the proposed 4(d) rule
and critical habitat designation
(including the associated draft economic
analysis)], U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Public informational meeting and
public hearing: The public
informational meeting and the public
hearing will be held virtually using the
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Zoom platform. See Public Hearing,
below, for more information.
Availability of supporting materials:
For the proposed critical habitat
designation, the shapefiles from which
the maps are generated are included in
the administrative record and are
available at https://www.regulations.gov
under Docket No. FWS–R4–ES–2020–
0137. Any additional tools or
supporting information that we may
develop for the critical habitat
designation may also be included in the
preamble and/or at https://
www.regulations.gov.
Jay
Herrington, Field Supervisor, U.S. Fish
and Wildlife Service, Florida Ecological
Services Field Office, 1601 Balboa
Avenue, Panama City, FL 32405;
telephone 904–731–3191; facsimile
904–731–3045. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Executive Summary
Why we need to publish a rule. Under
section 4(d) of the Act, whenever any
species is listed as a threatened species,
we are required to issue any regulations
deemed necessary and advisable to
provide for the conservation of such
species. Also, any species that is
determined to be endangered or
threatened under the Act requires
critical habitat to be designated, to the
maximum extent prudent and
determinable. The Panama City crayfish
is proposed as a threatened species
under the Act, and this document
proposes regulations we deem necessary
and advisable under section 4(d) of the
Act, and also proposes to designate
critical habitat. Designations and
revisions of critical habitat can only be
completed by issuing a rule. In light of
the time that has passed since the
publication of the proposed listing rule
and the receipt of new scientific
information, we are also reopening the
comment period for the proposed listing
rule.
What this document does. We are
concurrently reopening the comment
period for the proposed listing rule,
proposing a 4(d) rule, and proposing to
designate critical habitat for the Panama
City crayfish. A draft economic analysis
on impacts expected from the critical
habitat proposal is also available.
The basis for our action. Under the
Act, we may determine that a species is
an endangered or threatened species
because of any of five factors: (A) The
present or threatened destruction,
modification, or curtailment of its
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[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Proposed Rules]
[Pages 19833-19838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07580]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1532 and 1552
[EPA-HQ-OMS-2020-0389; FRL-10021-63-OMS]
Environmental Protection Agency Acquisition Regulation (EPAAR);
Electronic Invoicing and the Invoice Processing Platform (IPP)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is amending an
existing EPAAR clause to further address electronic invoicing at EPA
via the Invoice Processing Platform (IPP).
DATES: Comments must be received on or before June 14, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2020-0389, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Thomas Valentino, Policy, Training and
Oversight Division, Acquisition Policy and Training Branch (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: (202) 564-4522; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
1. Submitting Classified Business Information. Do not submit CBI to
EPA website https://www.regulations.gov or email. Clearly mark the part
or all of the information that you claim to be CBI. For CBI information
in a disk or CD-ROM that you mail to EPA, mark the outside of the disk
or CD-ROM as CBI, and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comment that includes information claimed
as CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) Part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
3. Instructions: All submissions received must include the Docket
ID No. for this rulemaking. Comments received may be posted without
change to https://;www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document. Out of an abundance of caution
for members of the public and our staff, the EPA Docket Center and
Reading Room are closed to the public, with limited exceptions, to
reduce the risk of transmitting COVID-19. Our Docket Center staff will
continue to provide remote customer service via email, phone, and
webform. We encourage the public to submit comments via https://www.regulations.gov/ or email, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets. The EPA continues to carefully and
continuously monitor information from the Centers for Disease Control
and Prevention (CDC), local area health departments, and our Federal
partners so that we can respond rapidly as conditions change regarding
COVID-19.
II. Background
The EPA is amending an existing EPAAR clause to further address
electronic invoicing at EPA via the Invoice Processing Platform (IPP).
Currently EPA has one clause that addresses IPP, which is clause
1552.232-70, Submission of Invoices. Clause 1552.232-70 is written for
cost-reimbursable and time-and-materials contracts and orders where
considerable supporting documentation is required. Such documentation
is necessary for those types of contracts and orders but is not
necessary for other contract types, like firm-fixed-price (FFP).
Therefore, the subject clause is being amended to include other
contract and order types like FFP, when it is not suitable to use
clause 1552.232-70 in its current form.
III. Proposed Rule
The proposed rule amends EPA Acquisition Regulation (EPAAR) part
1532, Contract Financing, by amending Sec. 1532.908, Contract Clauses.
EPAAR Subpart 1552.2, Texts of Provisions and Clauses, is amended by
modifying EPAAR Sec. 1552.232-70 and also changing the clause title,
from Submission of Invoices to Additional Instructions for Submission
of Electronic Invoices via the Invoice Processing Platform (IPP).
1. EPAAR Sec. 1532.908 amends the prescription for use of Sec.
1552.232-70 by adding a prescription for Alternate 2 use.
2. EPAAR Sec. 1552.232-70, Submission of Invoices, is changed to
Additional Instructions for Submission of Electronic Invoices via the
Invoice Processing Platform (IPP), and adds an Alternate 2.
[[Page 19834]]
IV. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory 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 is 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.
Burden is defined at 5 CFR 1320.3(b).
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 this proposed 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; or (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.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5 U.S.C. 503
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. This
action establishes a new EPAAR clause that will not have a significant
economic impact on a substantial number of small entities. We continue
to be interested in the potential impacts of the rule on small entities
and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L.
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 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 E.O. 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to E.O. 13045 because it
is not an economically significant rule as defined by Executive Order
12866, and because it does not involve decisions on environment health
or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or 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 the National Technology
Transfer and Advancement Act of 1995, 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 NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards. This action 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 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
[[Page 19835]]
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 proposed 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 in the general public.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a major rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 804(2) defines a ``major rule''
as any rule that the Administrator of the Office of Information and
Regulatory Affairs of the Office of Management and Budget finds has
resulted in or is likely to result in (1) an annual effect on the
economy of $100,000,000 or more; (2) a major increase in costs or
prices for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions; or (3) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
EPA is not required to submit a rule report regarding this action under
section 801 as this is not a major rule by definition.
List of Subjects in 48 CFR Parts 1532 and 1552
Environmental protection, Accounting, Government procurement,
Reporting and recordkeeping requirements.
Kimberly Patrick,
Director, Office of Acquisition Solutions.
For the reasons set forth in the preamble, EPA proposes to amend
EPAAR parts 1532 and 1552 as follows:
PART 1532--CONTRACT FINANCING
0
1. The authority citations for part 1532 continue to read as follows:
Authority: 5 U.S.C. 301 and 41 U.S.C. 418b.
0
2. Revise Sec. 1532.908 to read as follows:
1532.908 Contract clause.
(a)(i) The Contracting Officer shall insert clause 1552.232-70 in
cost-reimbursable procurements.
(ii) The Contracting Officer shall insert clause 1552.232-70
Alternate 1 in fixed-rate and non-commercial time & materials (T&M)
procurements.
(iii) The Contracting Officer shall insert clause 1552.232-70
Alternate 2 in all other procurements where electronic invoicing via
the Invoice Processing Platform (IPP) is required EXCEPT for simplified
acquisitions (for instance, use Alternate 2 for contract/order types
such as firm-fixed-price, commercial items, architect-engineering and
construction).
(b) In addition to clause 1552.232-70, Contracting Officers must
also select the appropriate Federal Acquisition Regulation (FAR) clause
to include in the subject procurement in accordance with FAR 32.908, as
applicable.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citations for part 1552 continue to read as follows:
Authority: 5 U.S.C. 301 and 41 U.S.C. 418b and 1707.
0
4. Revise Sec. 1552.232-70, to read as follows:
Sec. 1552.232-70 Additional Instructions for Submission of Electronic
Invoices via the Invoice Processing Platform (IPP).
As prescribed in 1532.908, insert the following clause:
Additional Instructions for Submission of Electronic Invoices Via the
Invoice Processing Platform (IPP) (date)
(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 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
[[Page 19836]]
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) 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) 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 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.
[[Page 19837]]
(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 1 (For use in fixed-rate and non-commercial time &
materials (T&M) procurements) (date). If the procurement is fixed-
rate or non-commercial T&M, substitute the basic (c)(2) paragraph
with the following:
(c)(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.
Alternate 2 (For use in all other procurements where electronic
invoicing via the Invoice Processing Platform (IPP) is required
EXCEPT for simplified acquisitions)(date). Use Alternate 2 for
contract/order types such as firm-fixed-price, commercial items,
architect-engineering and construction for IPP purposes.
(a) Definitions. As used below--
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.
(b)(1) The Contractor shall submit invoices using the electronic
form 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.
(2) The Contractor's Government Business Point of Contact (as
listed in System for Award Management (SAM)) will receive
registration/enrollment instructions via email from the IPP.
Registration is free and the Contractor must register within 3 to 5
days of receipt of such email from IPP.
(3) 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.
(c) 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--
(1) The Contracting Officer administering the contract for
payment has determined, in writing, that electronic form submission
would be unduly burdensome to the Contractor; and in such cases, the
Contracting Officer shall modify the contract to include a copy of
the Determination; or
[[Page 19838]]
(2) When the Governmentwide commercial purchase card is used as
the method of payment.
(d) The Contractor shall submit any non-electronic form payment
requests using the method or methods specified in the contract.
(e) Invoices submitted through IPP will be either rejected, or
accepted and paid, in their entirety, and will not be paid on a
partial basis.
(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.
(g) If there are any additional invoice instructions then please
insert them below:
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(End of clause)
[FR Doc. 2021-07580 Filed 4-14-21; 8:45 am]
BILLING CODE 6560-50-P