[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Proposed Rules]
[Pages 35564-35566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14335]


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DEPARTMENT OF DEFENSE

48 CFR Parts 204, 252, and Appendix F to Chapter 2

[DFARS Case 2003-D009]


Defense Federal Acquisition Regulation Supplement; Payment and 
Billing Instructions

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to improve payment and billing 
instructions in DoD contracts. This proposed rule is a result of a 
transformation initiative undertaken by

[[Page 35565]]

DoD to dramatically change the purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before August 24, 2004, to be considered 
in the formation of the final rule.

ADDRESSES: Respondents may submit comments via the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, 
respondents may e-mail comments to: [email protected]. Please cite DFARS 
Case 2003-D009 in the subject line of e-mailed comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Mr. Thaddeus Godlewski, OUSD(AT&L)DPAP(DAR), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-
0350. Please cite DFARS Case 2003-D009.
    At the end of the comment period, interested parties may view 
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Mr. Thaddeus Godlewski, (703) 602-
2022.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
http://www.acq.osd.mil/dp/dars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes include--
     Deletion of text at DFARS 204.201, 204.202, 204.7103-2, 
204.7104-2, 204.7107, and 204.7108 addressing distribution of contracts 
and modifications; numbering of contract line items, subline items, and 
accounting classification references; and inclusion of payment 
instructions in contracts. Text on these subjects will be relocated to 
the new DFARS companion resource, Procedures, Guidance, and Information 
(PGI). In addition, PGI will contain a menu of standard payment 
instructions from which the contracting officer will make a selection 
for inclusion in Section G of the contract. A proposed rule describing 
the purpose and structure of PGI was published at 69 FR 8145 on 
February 23, 2004. Draft PGI text related to this proposed rule is 
available at http://www.acq.osd.mil/dpap/dfars/changes.htm.
     Clarification of the definition of ``accounting 
classification reference number'' at DFARS 204.7101.
     Amendment of DFARS 204.7103-1 to add text addressing 
contract type in the establishment of contract line items.
     Amendment of DFARS 204.7106 to clarify that contract 
modifications decreasing the amount obligated shall not be issued 
unless sufficient unliquidated obligation exists or the purpose is to 
recover monies owed to the government.
     Addition of a clause addressing contract line item 
information needed in contract financing and interim payment requests.
     Amendment of Material Inspection and Receiving Report 
instructions to address electronic submissions.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
relates primarily to procedures that DoD contracting officers and 
payment offices must follow in structuring contracts and disbursing 
funds. Therefore, DoD has not performed an initial regulatory 
flexibility analysis. DoD invites comments from small businesses and 
other interested parties. DoD also will consider comments from small 
entities concerning the affected DFARS subparts in accordance with 5 
U.S.C. 610. Such comments should be submitted separately and should 
cite DFARS Case 2003-D009.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Parts 204 and 252

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, DoD proposes to amend 48 CFR parts 204, 252, and 
Appendix F to chapter 2 as follows:
    1. The authority citation for 48 CFR parts 204, 252, and Appendix F 
to subchapter I continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR chapter 1.

PART 204--ADMINISTRATIVE MATTERS

    2. Section 204.201 is revised to read as follows:


204.201  Procedures.

    Follow the procedures at PGI 204.201 for the distribution of 
contracts and modifications.


204.202  [Removed]

    3. Section 204.202 is removed.
    4. Section 204.7101 is amended by revising the definition of 
Accounting classification reference number (ACRN) to read as follows:


204.7101  Definitions.

    Accounting classification reference number (ACRN) means any 
combination of a two position alpha/numeric code used as a method of 
relating the accounting classification citation to detailed line item 
information contained in the schedule.
* * * * *
    5. Section 204.7103-1 is amended by redesignating paragraphs (b) 
through (d) as paragraphs (d) through (f), respectively; and by adding 
new paragraphs (b) and (c) to read as follows:


204.7103-1  Criteria for establishing.

* * * * *
    (b) All subline items and exhibit line items under one contract 
line item shall be the same contract type as the contract line item.
    (c) For a contract that contains both fixed-price and cost-
reimbursement line items, identify the contract type for each contract 
line item in Section B, Supplies or Services and Prices/Costs, to 
facilitate appropriate payment.
* * * * *
    6. Section 204.7103-2 is revised to read as follows:


204.7103-2  Numbering procedures.

    Follow the procedures at PGI 204.7103-2 for numbering contract line 
items.

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    7. Section 204.7104-2 is revised to read as follows:


204.7104-2  Numbering procedures.

    Follow the procedures at PGI 204.7104-2 for numbering contract 
subline items.
    8. Section 204.7106 is amended by adding paragraph (b)(3) to read 
as follows:


204.7106  Contract modifications.

* * * * *
    (b) * * *
    (3) If the modification will decrease the amount obligated--
    (i) There shall be coordination between the administrative and 
procuring contracting offices before issuance of the modification; and
    (ii) The contracting officer shall not issue the modification 
unless sufficient unliquidated obligation exists or the purpose is to 
recover monies owed to the Government.
    9. Section 204.7107 is revised to read as follows:


204.7107  Contract accounting classification reference number (ACRN).

    Follow the procedures at PGI 204.7107 for assigning ACRNs.
    10. Sections 204.7108 and 204.7109 are added to read as follows:


204.7108  Payment instructions.

    Follow the procedures at PGI 204.7108 for inclusion of payment 
instructions in contracts.


204.7109  Contract clause.

    Use the clause at 252.204-7XXX, Billing Instructions, if Section G 
of the contract requires the contractor to identify the applicable 
contract line item(s) when the contractor submits a request for--
    (a) A contract financing payment; or
    (b)(1) An interim payment under a cost-reimbursement contract for 
services; and
    (2) The contract includes the clause at FAR 52.232-25, Prompt 
Payment, with its Alternate I.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    11. Section 252.204-7XXX is added to read as follows:


252.204-7XXX  Billing Instructions.

    As prescribed in 204.7109, use the following clause:

BILLING INSTRUCTIONS (XXX 2004)

    When submitting a request for payment, the Contractor shall--
    (a) Identify the contract line item(s) on the payment request 
that best reflect contract work performance; and
    (b) Separately identify a payment amount for each contract line 
item that is included in the payment request.
    (End of clause)

Appendix F--Material Inspection and Receiving Report

    12. Appendix F to Chapter 2 is amended in Part 3 by revising 
section F-306 to read as follows:


F-306  Invoice instructions.

    (a) Contractors shall submit payment requests in electronic form, 
unless an exception in 232.7002 applies. Contractor submission of the 
material inspection and receiving information required by this appendix 
by using the Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA) 
electronic form (see paragraph (b)(1) of the clause at 252.232-7003) 
fulfills the requirement for an MIRR.
    (b) If the contracting officer authorizes the contractor to submit 
an invoice in paper form, the Government encourages, but does not 
require, the contractor to use the MIRR as an invoice, in lieu of a 
commercial form. If commercial forms are used, identify the related 
MIRR shipment number(s) on the form. If using the MIRR as an invoice, 
prepare the MIRR and forward the required number of copies to the 
payment office as follows:
    (1) Complete Blocks 5, 6, 19, and 20. Block 6 shall contain the 
invoice number and date. Column 20 shall be totaled.
    (2) Mark in letters approximately one inch high, first copy: 
``ORIGINAL INVOICE, for all invoice submissions; and three copies: 
``INVOICE COPY,'' when the payment office requires four copies. 
Questions regarding the appropriate number of copies (i.e., one or 
four) should be directed to the applicable payment office.
    (3) Forward the appropriate number of copies to the payment office 
(Block 12 address), except when acceptance is at destination and a Navy 
finance office will make payment, forward to destination.
    (4) Be sure to separate the copies of the MIRR used as an invoice 
from the copies of the MIRR used as a receiving report.

[FR Doc. 04-14335 Filed 6-24-04; 8:45 am]
BILLING CODE 5001-08-P