Department of Health and Human Services Acquisition Regulation-Electronic Submission and Processing of Payment Requests, 5717-5719 [2022-02134]
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
architectural or environmental art, timebased media, and works on paper.
artists representing a wide variety of
types of visual art.
X. Regulatory Flexibility Act
Policy
[FR Doc. 2022–02158 Filed 1–31–22; 8:45 am]
This final rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.,
because it applies to agency
management or personnel.
§ 102–77.15 What basic Art in Architecture
policy governs Federal agencies?
BILLING CODE 6820–14–P
List of Subjects in 41 CFR Part 102–77
Federal buildings and facilities,
Government property management,
Rates and fares.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the
Preamble, GSA hereby revises 41 CFR
part 102–77 to read as follows:
■
§ 102–77.20 Who funds the Art in
Architecture efforts?
Subpart A—General Provisions
Sec.
Scope
102–77.5
What is the scope of this part?
Definition
102–77.10
part?
What definition applies to this
Policy
102–77.15 What basic Art in Architecture
policy governs Federal agencies?
Subpart B—Art in Architecture
102–77.20 Who funds the Art in
Architecture efforts?
102–77.25 With whom should Federal
agencies collaborate when
commissioning visual art for Federal
buildings?
102–77.30 Do Federal agencies have
responsibilities to provide national,
regional, and local visibility for Art in
Architecture?
Authority: 40 U.S.C. 121 and 3306.
Subpart A—General Provisions
Scope
§ 102–77.5
What is the scope of this part?
The real property policies contained
in this part apply to Federal agencies,
including GSA’s Public Buildings
Service, operating under, or subject to,
the authorities of the Administrator of
General Services.
Definition
§ 102–77.10
part?
What definition applies to this
Visual art means works, including,
but not limited to, painting, sculpture,
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16:37 Feb 01, 2022
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Federal agencies must incorporate
visual art as an integral part of the total
building concept when designing new
Federal buildings and when making
substantial repairs and alterations to
existing Federal buildings, as
appropriate. The commissioned art must
reflect the national, regional, or local
cultural heritages, or any combination of
the foregoing, within the United States,
and emphasize the work of living
American artists, including those in
underserved communities.
Subpart B—Art in Architecture
PART 102–77—ART IN
ARCHITECTURE
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5717
To the extent not prohibited by law,
Federal agencies must fund the Art in
Architecture efforts by allocating a
portion of the estimated cost of
constructing or purchasing new Federal
buildings or of completing major repairs
and alterations of existing buildings.
Funding for qualifying projects,
including new construction, building
acquisitions, and prospectus-level
repairs and alterations, must be in a
range determined by the Administrator
of General Services.
§ 102–77.25 With whom should Federal
agencies collaborate when commissioning
visual art for Federal buildings?
To the maximum extent practicable,
Federal agencies should seek the
support and involvement of local
citizens in commissioning a work of
visual art. Federal agencies should
collaborate with the chosen artist to
commission works of visual art that
reflect the cultural, intellectual, and
historic interests and values of the
community in which the art is to be
located. In addition, Federal agencies
should work collaboratively with the
architect of the building and art
professionals in commissioning visual
art for Federal buildings. Federal
agencies should commission a work of
visual art that is diverse in style and
media and no official style or media are
mandated.
§ 102–77.30 Do Federal agencies have
responsibilities to provide national,
regional, and local visibility for Art in
Architecture?
Yes. Federal agencies should provide
Art in Architecture that receives
appropriate national, regional, and local
visibility to encourage participation by
a large, diverse, and equitable group of
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
48 CFR Parts 332 and 352
RIN 0991–AC32
Department of Health and Human
Services Acquisition Regulation—
Electronic Submission and Processing
of Payment Requests
Office of the Secretary,
Department of Health and Human
Services.
ACTION: Final rule.
AGENCY:
The Department of Health and
Human Services (HHS or the
Department) finalizes its proposed
regulation amending the Department’s
Federal Acquisition Regulation
Supplement, the HHS Acquisition
Regulation (HHSAR), to support the
HHS Electronic Invoicing
Implementation Project and HHS’s
transition to the Department of the
Treasury’s Invoice Processing Platform.
This complies with Office of
Management and Budget (OMB)
memorandum M–15–19, Improving
Government Efficiency and Saving
Taxpayer Dollars Through Electronic
Invoicing, issued on July 17, 2015.
DATES: This final rule is effective
February 2, 2022.
FOR FURTHER INFORMATION CONTACT:
Shari Shor, Procurement Analyst,
Department of Health and Human
Services, Office of the Assistant
Secretary for Financial Resources, Office
of Acquisition Policy, 200
Independence Avenue SW, Washington,
DC 20201. Email: Shari.Shor@hhs.gov.
Telephone: (202) 731–3383.
SUMMARY:
I. Provisions of the Proposed Rule and
Analysis of and Response to Public
Comments
In the October 14, 2021 Federal
Register (86 FR 57102), HHS published
a proposed rule titled ‘‘Department of
Health and Human Services Acquisition
Regulation—Electronic Submission and
Processing of Payment Requests’’. In
response to the publication of that
proposed rule, HHS received 2
comments from members of the public.
In the following sections of this final
rule, HHS includes a summary of the
provisions of the October 14, 2021
proposed rule, the public comments
received, HHS’s responses to the
E:\FR\FM\02FER1.SGM
02FER1
5718
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
comments, and any changes made to the
regulatory text as a result.
Comment: One commentor provided
HHS with strong support for the
proposed rule, indicating the proposed
electronic submission and processing of
payment requests will provide a more
efficient and cost-effective solution for
HHS and the general public.
Response: HHS appreciates the
comments and agrees that the benefits of
electronic submission and processing of
payment requests to support the HHS
Electronic Invoicing Implementation
Project and HHS’s transition to the
Department of the Treasury’s Invoice
Processing Platform, will generally
outweigh any administrative costs
associated with the transition. The HHS
Electronic Invoicing Implementation
Project will bring HHS in compliance
with the OMB Memorandum M–15–19,
Improving Government Efficiency and
Saving Taxpayer Dollars through
Electronic Invoicing, issued on July 17,
2015 which directed federal agencies to
transition to electronic invoicing for
appropriate federal procurements.
Implementation of these solutions will
improve citizen and business facing
services, improve consistency, automate
workflows, improve the transparency of
invoice status, and support specific
business needs identified across HHS
while maintaining compliance with the
OMB and Treasury requirements.
Comment: One commenter raised
concern with the timing of the inclusion
of the clause in new and existing
contracts and the confusion that may be
caused with tracking payment requests
submitted prior to and after the change
in invoice submission requirements.
Response: HHS appreciates the
commenters concern and agrees
additional information on the invoice
submission process is necessary to
mitigate any administrative confusion
for the tracking of payment requests
during the transition period. Since the
HHS operating divisions utilize various
accounting systems and their internal
processes and procedures may vary
depending on the systems they utilize,
the HHS operating divisions will be
issuing Payment Instructions to their
respective contractor community with
specific invoice submission instructions
related to their internal policies,
procedures, and processes.
jspears on DSK121TN23PROD with RULES1
II. Required Rulemaking Analyses
A. Executive Orders 12866 and 13563:
Regulatory Planning and Review
Analysis
HHS examined the effects of this rule
as required by E.O. 12866, ‘‘Regulatory
Planning and Review,’’ 58 FR 51,735
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16:37 Feb 01, 2022
Jkt 256001
(Oct. 4, 1993), E.O. 13563, ‘‘Improving
Regulation and Regulatory Review,’’ 76
FR 3821, (Jan. 21, 2011), and the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review,’’ direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
the regulation is necessary, to select
regulatory approaches that maximize
net benefits. A Regulatory Impact
Analysis must be prepared for major
rules with economically significant
effects. The Department has determined
that this rulemaking is not a significant
regulatory action under these Executive
Orders. In addition, the Department
does not anticipate that this rulemaking
will impose measurable costs on
regulated parties. The Office of
Management and Budget (OMB) has
waived review on this rule.
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs has
determined that this final rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Section 202(a) of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532(a), requires that agencies prepare a
written statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any federal mandate that may
result in the expenditure by state, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more (adjusted annually for inflation)
in any one year.’’ In 2020, that threshold
was $158 million. HHS does not expect
this rule to exceed the threshold.
B. Regulatory Flexibility Act and
Executive Order 13272
The Department has examined the
economic implications of this final rule
as required by the Regulatory Flexibility
Act (RFA), 5 U.S.C. 601 et seq. The RFA
and the Small Business Regulatory
Enforcement and Fairness Act of 1996
(Pub. L. 104–121), which amended the
RFA, require HHS to analyze options for
regulatory relief of small businesses. If
a rule has a significant economic effect
on a substantial number of small
entities, the Secretary must specifically
consider the economic effect of the rule
on small entities and analyze regulatory
options that could lessen the impact of
the rule. The Department considers a
rule to have a significant impact on a
substantial number of small entities if
the rule has at least a three percent
impact on revenue on at least five
percent of small entities. As a result, the
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Department has determined, and the
Secretary certifies, that this final rule
does not have a significant impact on a
substantial number of small entities.
C. Executive Order 13132 (Federalism)
Executive Order 13132, ‘‘Federalism,’’
64 FR 43,255 (Aug. 10, 1999),
establishes certain requirements that an
agency must meet when it promulgates
a rule that imposes substantial direct
requirement costs on State, local, and
tribal governments or has federalism
implications. The Department has
determined that this final rule does not
impose such costs or have any
federalism implications.
D. Paperwork Reduction Act of 1995
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the Department has reviewed
this final rule and has determined that
it does not create new collections of
information.
List of Subjects in 48 CFR Parts 332 and
352
Government procurement.
For the reasons set forth in the
preamble, the Department of Health and
Human Services amends 48 CFR chapter
3, parts 332 and 352, as follows:
PART 332—CONTRACT FINANCING
1. The authority citation for part 332
continues to read as follows:
■
Authority: 5 U.S.C. 301; 40 U.S.C.
121(c)(2).
2. Add subpart 332.70 to read as
follows:
■
Subpart 332.70—Electronic Submission and
Processing of Payment Requests
Sec.
332.7000 Scope of subpart.
332.7001 Definitions.
332.7002 Policy.
332.7003 Contract clause.
Subpart 332.70—Electronic
Submission and Processing of
Payment Requests
332.7000
Scope of subpart.
This subpart prescribes policies and
procedures for electronic submission
and processing of payment requests.
332.7001
Definitions.
Payment request, as used in this
subpart, is defined as a bill, voucher,
invoice, or request for contract financing
payment with associated supporting
documentation. The payment request
must comply with the requirements
identified in FAR 32.905(b), Content of
invoices, and the applicable Payment
clause included in this contract.
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02FER1
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations
332.7002
Policy.
(a) Contracts shall require the
electronic submission of payment
requests, except for—
(1) Purchases paid for with a
Government-wide commercial purchase
card; and
(2) Classified contracts or purchases
when electronic submission and
processing of payment requests could
compromise classified information or
national security.
(b) Where a contract otherwise
requires the electronic submission of
invoices, the Contracting Officer may
authorize alternate procedures only if
the Contracting Officer makes a written
determination that:
(1) The Department of Health and
Human Services (HHS) is unable to
receive electronic payment requests or
provide acceptance electronically;
(2) The contractor has demonstrated
that electronic submission would be
unduly burdensome; or
(3) The contractor is in the process of
transitioning to electronic submission of
payment requests, but needs additional
time to complete such transition.
Authorizations granted on the basis of
this paragraph (b)(3) must specify a date
by which the contractor will transition
to electronic submission.
(c) Except as provided in paragraphs
(a) and (b) of this section, HHS officials
shall process electronic payment
submissions through the Department of
the Treasury Invoice Processing
Platform or successor system.
(d) If the requirement for electronic
submission of payment requests is
waived under paragraph (a)(2) or (b) of
this section, the contract or alternate
payment authorization, as applicable,
shall specify the form and method of
payment request submission.
332.7003
Contract clause.
Except as provided in 332.7002(a),
use the clause at 352.232–71, Electronic
Submission of Payment Requests, in all
solicitations and contracts.
PART 352—SOLICITATIONS
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for part 352
continues to read as follows:
■
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Authority: 5 U.S.C. 301; 40 U.S.C.
121(c)(2).
4. Add section 352.232–71 to read as
follows:
■
352.232–71 Electronic submission of
payment requests
As prescribed in HHSAR 332.7003,
use the following clause:
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16:37 Feb 01, 2022
Jkt 256001
Electronic Submission of Payment Requests
(a) Definitions. As used in this clause—
Payment request means a bill, voucher,
invoice, or request for contract financing
payment with associated supporting
documentation. The payment request must
comply with the requirements identified in
FAR 32.905(b), ‘‘Content of Invoices’’ and the
applicable Payment clause included in this
contract.
(b) Except as provided in paragraph (c) of
this clause, the Contractor shall submit
payment requests electronically using the
Department of Treasury Invoice Processing
Platform (IPP) or successor system.
Information regarding IPP, including IPP
Customer Support contact information, is
available at www.ipp.gov or any successor
site.
(c) The Contractor may submit payment
requests using other than IPP only when the
Contracting Officer authorizes alternate
procedures in writing in accordance with
HHS procedures.
(d) If alternate payment procedures are
authorized, the Contractor shall include a
copy of the Contracting Officer’s written
authorization with each payment request.
(End of Clause)
Xavier Becerra,
Secretary.
[FR Doc. 2022–02134 Filed 2–1–22; 8:45 am]
BILLING CODE 4151–19–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. FRA–2019–0071, Notice No. 2]
RIN 2130–AC80
Control of Alcohol and Drug Use:
Coverage of Mechanical Employees
and Miscellaneous Amendments
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
As mandated by the
Substance Use-Disorder Prevention that
Promotes Opioid Recovery and
Treatment for Patients and Communities
Act (SUPPORT Act or Act), FRA is
expanding the scope of its alcohol and
drug regulation to cover mechanical
employees. This rule clarifies who FRA
considers a mechanical employee for
regulatory purposes, and adopts
proposed technical amendments.
DATES: This rule is effective March 4,
2022.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to https://
www.regulations.gov.
SUMMARY:
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5719
FOR FURTHER INFORMATION CONTACT:
Gerald Powers, Drug and Alcohol
Program Manager, Office of Railroad
Safety—Office of Technical Oversight,
telephone: 202–493–6313, email:
gerald.powers@dot.gov; Sam Noe, Drug
and Alcohol Specialist, Office of
Railroad Safety—Office of Technical
Oversight, telephone: 615–719–2951,
email: sam.noe@dot.gov; or Patricia V.
Sun, Attorney Adviser, Office of Safety
Law, telephone: 202–493–6060, email:
patricia.sun@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents for Supplementary
Information
I. Executive Summary
II. Discussion of General Comments and
Conclusions
A. FRA’s Proposed Mechanical Employee
Definition
1. Summary
2. Fourth Amendment Implications
3. Decrease in Random Testing Deterrence
4. Consistency With the SUPPORT Act
5. Consistency With the MOW Employee
Definition
6. Treatment of Employees Subject to Part
209
B. Pre-Employment Testing
C. Initial Mechanical Employee Annual
Random Testing Rates
D. Post-Accident Toxicological Testing
E. Effective Date of Final Rule and
Timetable for Submitting Random
Testing Plans for MECH Employees
III. Section-by-Section Analysis
IV. Regulatory Impact and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
B. Regulatory Flexibility Act and Executive
Order 13272; Certification
C. Paperwork Reduction Act
D. Environmental Impact
E. Executive Order 12898 (Environmental
Justice)
F. Federalism Implications
G. Unfunded Mandates Reform Act of 1995
H. Energy Impact
I. Tribal Consultation
I. Executive Summary
In Section 8102(a) of the SUPPORT
Act,1 Congress mandated FRA (as the
Secretary of Transportation’s delegate)
include ‘‘all employees of railroad
carriers who perform mechanical
activities’’ (MECH employee(s)) in its
alcohol and drug regulation, 49 CFR
part 219. In section 8102(b) of the Act,
Congress directed FRA to define
mechanical activities for purposes of
part 219 coverage. On January 8, 2021,
FRA published a Notice of Proposed
Rulemaking (NPRM) in response to this
mandate.2 FRA received comments on
the NPRM from four organizations
(including one joint filing) and 12
1 Public
2 86
E:\FR\FM\02FER1.SGM
Law 115–271, Oct. 24, 2018.
FR 1418.
02FER1
]]>Agencies
[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5717-5719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02134]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
48 CFR Parts 332 and 352
RIN 0991-AC32
Department of Health and Human Services Acquisition Regulation--
Electronic Submission and Processing of Payment Requests
AGENCY: Office of the Secretary, Department of Health and Human
Services.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services (HHS or the
Department) finalizes its proposed regulation amending the Department's
Federal Acquisition Regulation Supplement, the HHS Acquisition
Regulation (HHSAR), to support the HHS Electronic Invoicing
Implementation Project and HHS's transition to the Department of the
Treasury's Invoice Processing Platform. This complies with Office of
Management and Budget (OMB) memorandum M-15-19, Improving Government
Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing,
issued on July 17, 2015.
DATES: This final rule is effective February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Shari Shor, Procurement Analyst,
Department of Health and Human Services, Office of the Assistant
Secretary for Financial Resources, Office of Acquisition Policy, 200
Independence Avenue SW, Washington, DC 20201. Email:
[email protected]. Telephone: (202) 731-3383.
I. Provisions of the Proposed Rule and Analysis of and Response to
Public Comments
In the October 14, 2021 Federal Register (86 FR 57102), HHS
published a proposed rule titled ``Department of Health and Human
Services Acquisition Regulation--Electronic Submission and Processing
of Payment Requests''. In response to the publication of that proposed
rule, HHS received 2 comments from members of the public. In the
following sections of this final rule, HHS includes a summary of the
provisions of the October 14, 2021 proposed rule, the public comments
received, HHS's responses to the
[[Page 5718]]
comments, and any changes made to the regulatory text as a result.
Comment: One commentor provided HHS with strong support for the
proposed rule, indicating the proposed electronic submission and
processing of payment requests will provide a more efficient and cost-
effective solution for HHS and the general public.
Response: HHS appreciates the comments and agrees that the benefits
of electronic submission and processing of payment requests to support
the HHS Electronic Invoicing Implementation Project and HHS's
transition to the Department of the Treasury's Invoice Processing
Platform, will generally outweigh any administrative costs associated
with the transition. The HHS Electronic Invoicing Implementation
Project will bring HHS in compliance with the OMB Memorandum M-15-19,
Improving Government Efficiency and Saving Taxpayer Dollars through
Electronic Invoicing, issued on July 17, 2015 which directed federal
agencies to transition to electronic invoicing for appropriate federal
procurements. Implementation of these solutions will improve citizen
and business facing services, improve consistency, automate workflows,
improve the transparency of invoice status, and support specific
business needs identified across HHS while maintaining compliance with
the OMB and Treasury requirements.
Comment: One commenter raised concern with the timing of the
inclusion of the clause in new and existing contracts and the confusion
that may be caused with tracking payment requests submitted prior to
and after the change in invoice submission requirements.
Response: HHS appreciates the commenters concern and agrees
additional information on the invoice submission process is necessary
to mitigate any administrative confusion for the tracking of payment
requests during the transition period. Since the HHS operating
divisions utilize various accounting systems and their internal
processes and procedures may vary depending on the systems they
utilize, the HHS operating divisions will be issuing Payment
Instructions to their respective contractor community with specific
invoice submission instructions related to their internal policies,
procedures, and processes.
II. Required Rulemaking Analyses
A. Executive Orders 12866 and 13563: Regulatory Planning and Review
Analysis
HHS examined the effects of this rule as required by E.O. 12866,
``Regulatory Planning and Review,'' 58 FR 51,735 (Oct. 4, 1993), E.O.
13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821,
(Jan. 21, 2011), and the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4).
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if the regulation is necessary, to select
regulatory approaches that maximize net benefits. A Regulatory Impact
Analysis must be prepared for major rules with economically significant
effects. The Department has determined that this rulemaking is not a
significant regulatory action under these Executive Orders. In
addition, the Department does not anticipate that this rulemaking will
impose measurable costs on regulated parties. The Office of Management
and Budget (OMB) has waived review on this rule.
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs has determined that
this final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Section 202(a) of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1532(a), requires that agencies prepare a written statement,
which includes an assessment of anticipated costs and benefits, before
proposing ``any rule that includes any federal mandate that may result
in the expenditure by state, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more (adjusted
annually for inflation) in any one year.'' In 2020, that threshold was
$158 million. HHS does not expect this rule to exceed the threshold.
B. Regulatory Flexibility Act and Executive Order 13272
The Department has examined the economic implications of this final
rule as required by the Regulatory Flexibility Act (RFA), 5 U.S.C. 601
et seq. The RFA and the Small Business Regulatory Enforcement and
Fairness Act of 1996 (Pub. L. 104-121), which amended the RFA, require
HHS to analyze options for regulatory relief of small businesses. If a
rule has a significant economic effect on a substantial number of small
entities, the Secretary must specifically consider the economic effect
of the rule on small entities and analyze regulatory options that could
lessen the impact of the rule. The Department considers a rule to have
a significant impact on a substantial number of small entities if the
rule has at least a three percent impact on revenue on at least five
percent of small entities. As a result, the Department has determined,
and the Secretary certifies, that this final rule does not have a
significant impact on a substantial number of small entities.
C. Executive Order 13132 (Federalism)
Executive Order 13132, ``Federalism,'' 64 FR 43,255 (Aug. 10,
1999), establishes certain requirements that an agency must meet when
it promulgates a rule that imposes substantial direct requirement costs
on State, local, and tribal governments or has federalism implications.
The Department has determined that this final rule does not impose such
costs or have any federalism implications.
D. Paperwork Reduction Act of 1995
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the Department has reviewed this final rule and has
determined that it does not create new collections of information.
List of Subjects in 48 CFR Parts 332 and 352
Government procurement.
For the reasons set forth in the preamble, the Department of Health
and Human Services amends 48 CFR chapter 3, parts 332 and 352, as
follows:
PART 332--CONTRACT FINANCING
0
1. The authority citation for part 332 continues to read as follows:
Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).
0
2. Add subpart 332.70 to read as follows:
Subpart 332.70--Electronic Submission and Processing of Payment
Requests
Sec.
332.7000 Scope of subpart.
332.7001 Definitions.
332.7002 Policy.
332.7003 Contract clause.
Subpart 332.70--Electronic Submission and Processing of Payment
Requests
332.7000 Scope of subpart.
This subpart prescribes policies and procedures for electronic
submission and processing of payment requests.
332.7001 Definitions.
Payment request, as used in this subpart, is defined as a bill,
voucher, invoice, or request for contract financing payment with
associated supporting documentation. The payment request must comply
with the requirements identified in FAR 32.905(b), Content of invoices,
and the applicable Payment clause included in this contract.
[[Page 5719]]
332.7002 Policy.
(a) Contracts shall require the electronic submission of payment
requests, except for--
(1) Purchases paid for with a Government-wide commercial purchase
card; and
(2) Classified contracts or purchases when electronic submission
and processing of payment requests could compromise classified
information or national security.
(b) Where a contract otherwise requires the electronic submission
of invoices, the Contracting Officer may authorize alternate procedures
only if the Contracting Officer makes a written determination that:
(1) The Department of Health and Human Services (HHS) is unable to
receive electronic payment requests or provide acceptance
electronically;
(2) The contractor has demonstrated that electronic submission
would be unduly burdensome; or
(3) The contractor is in the process of transitioning to electronic
submission of payment requests, but needs additional time to complete
such transition. Authorizations granted on the basis of this paragraph
(b)(3) must specify a date by which the contractor will transition to
electronic submission.
(c) Except as provided in paragraphs (a) and (b) of this section,
HHS officials shall process electronic payment submissions through the
Department of the Treasury Invoice Processing Platform or successor
system.
(d) If the requirement for electronic submission of payment
requests is waived under paragraph (a)(2) or (b) of this section, the
contract or alternate payment authorization, as applicable, shall
specify the form and method of payment request submission.
332.7003 Contract clause.
Except as provided in 332.7002(a), use the clause at 352.232-71,
Electronic Submission of Payment Requests, in all solicitations and
contracts.
PART 352--SOLICITATIONS PROVISIONS AND CONTRACT CLAUSES
0
3. The authority citation for part 352 continues to read as follows:
Authority: 5 U.S.C. 301; 40 U.S.C. 121(c)(2).
0
4. Add section 352.232-71 to read as follows:
352.232-71 Electronic submission of payment requests
As prescribed in HHSAR 332.7003, use the following clause:
Electronic Submission of Payment Requests
(a) Definitions. As used in this clause--
Payment request means a bill, voucher, invoice, or request for
contract financing payment with associated supporting documentation.
The payment request must comply with the requirements identified in
FAR 32.905(b), ``Content of Invoices'' and the applicable Payment
clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the
Contractor shall submit payment requests electronically using the
Department of Treasury Invoice Processing Platform (IPP) or
successor system. Information regarding IPP, including IPP Customer
Support contact information, is available at www.ipp.gov or any
successor site.
(c) The Contractor may submit payment requests using other than
IPP only when the Contracting Officer authorizes alternate
procedures in writing in accordance with HHS procedures.
(d) If alternate payment procedures are authorized, the
Contractor shall include a copy of the Contracting Officer's written
authorization with each payment request.
(End of Clause)
Xavier Becerra,
Secretary.
[FR Doc. 2022-02134 Filed 2-1-22; 8:45 am]
BILLING CODE 4151-19-P
