[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Proposed Rules]
[Pages 71928-71930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29860]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 232 and 252
RIN 0750-AH40
Defense Federal Acquisition Regulation Supplement; Updates to
Wide Area WorkFlow (DFARS Case 2011-D027)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement to update policies on the submission of payment
requests and receiving reports in electronic format.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before January 20, 2012, to be considered
in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS case 2011-D027, using
any of the following methods:
[cir] Regulations.gov: http://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by inputting ``DFARS Case 2011-
D027'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2011-D027.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2011-D027'' on your attached document.
[cir] Email: [email protected]. Include DFARS Case 2011-D027 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr.
Julian Thrash, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, (703) 602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD proposes to update policy and procedures in the Defense Federal
Acquisition Regulation Supplement (DFARS) for electronic submission of
payment requests and receiving reports through Wide Area WorkFlow
(WAWF) and TRICARE Encounter Data System (TEDS). WAWF, which
electronically interfaces with the primary DoD payment systems, is the
accepted DoD system for generating invoices and receiving reports. TEDS
is an accepted system for processing payment requests for rendered
TRICARE health care services.
The capabilities of WAWF have expanded to enable use in a wider
variety of environments by a wider variety of users. As such, this rule
is intended to expand the use of WAWF for submission of payment
requests and receiving reports and to standardize processes and
instructions on the use of WAWF by accomplishing the following DFARS
revisions:
Update 232.7002(a)(1) to clarify that only payment
requests (not receiving reports) for contracts paid for with the
Governmentwide commercial purchase card are excepted from using WAWF;
Remove the exception to the use of WAWF at 232.7002(a)(2)
for contracts awarded to foreign vendors;
Update 232.7002(a)(3) to specify a WAWF exception for
contracts awarded by contracting officers for contingency,
humanitarian, peacekeeping, or emergency response operations only when
the use of WAWF is not feasible by the contractor;
Update 232.7002(a)(4) to specify a WAWF exception for
purchases made for an unusual or compelling need as defined in Federal
Acquisition Regulation (FAR) 6.302-2 only when the use of WAWF is not
feasible;
Remove, at 232.7003(b), the contracting officer's
authority to allow a contractor to submit a payment request and
receiving report using an electronic form other than WAWF, unless a
written determination is provided to the Senior Procurement Executive;
Add at 232.7003(c), the use of TEDS for submitting and
processing TRICARE payment requests and receiving reports for rendered
health care services; and
Provide a standard WAWF payment clause.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
III. Regulatory Flexibility Act
DoD expects that this proposed rule may 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. Therefore, an
Initial Regulatory Flexibility Analysis has been prepared and is
summarized as follows:
The rule incorporates WAWF's new capability of capturing receiving
reports for contracts paid for with a Governmentwide commercial
purchase card and clarifies exceptions to the use of WAWF only when it
is not feasible. The rule also consolidates and standardizes
instructions to contractors on how to use the WAWF application.
Furthermore, it eliminates locally defined methods that are in some
cases causing confusion and inefficiencies, and it incorporates the use
of TEDS for medical services requiring Health Insurance Portability and
Accountability Act data not handled by WAWF.
DoD made small business awards to 60,000 companies in Fiscal Year
2010. With the exception of less than 4,000 companies that only
received awards paid with a purchase card, this will be a
simplification of procedures by allowing contractors to use the same
process and systems for all DoD shipments.
This rule does not impose any new reporting or recordkeeping
requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. There are no significant alternatives to accomplish the
stated objectives of this rule.
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DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2011-D027) in the
correspondence.
IV. Paperwork Reduction Act
This rule does not impose any new information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 232 and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore DoD proposes to amend 48 CFR parts 232 and 252 as
follows:
1. The authority citation for 48 CFR parts 232 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 232--CONTRACT FINANCING
2. Revise section 232.7002(a) to read as follows:
232.7002 Policy.
(a) Contractors shall submit payment requests and receiving reports
in electronic form, except for--
(1) Payment requests for purchases paid for with a Governmentwide
commercial purchase card;
(2) Classified contracts or purchases when electronic submission
and processing of payment requests could compromise the safeguarding of
classified information or national security;
(3) Contracts awarded by deployed contracting officers in the
course of military operations, including, but not limited to,
contingency operations as defined in 10 U.S.C. 101(a)(13) or
humanitarian or peacekeeping operations as defined in 10 U.S.C.
2302(8), or contracts awarded by contracting officers in the conduct of
emergency operations, such as responses to natural disasters or
national or civil emergencies, when access to Wide Area WorkFlow by
those contractors is not feasible;
(4) Purchases to support unusual or compelling needs of the type
described in FAR 6.302-2, when access to Wide Area WorkFlow by those
contractors is not feasible;
(5) Cases in which DoD is unable to receive payment requests or
provide acceptance in electronic form; or
(6) Cases in which the contracting officer administering the
contract for payment has determined, in writing, that electronic
submission would be unduly burdensome to the contractor. In those
cases, a copy of the determination shall be furnished to the Service
Procurement Executive.
* * * * *
3. Amend section 232.7003 by revising paragraphs (b) and (c) to
read as follows:
232.7003 Procedures.
* * * * *
(b) For payment of commercial transportation services provided
under a Government rate tender or a contract for transportation
services, the use of a DoD-approved electronic third party payment
system or other exempted vendor payment/invoicing system (e.g.,
PowerTrack, Transportation Financial Management System, and Cargo and
Billing System) is permitted.
(c) For submitting and processing payment requests and receiving
reports for rendered health care services, use of TRICARE Encounter
Data System (TEDS) as the electronic format is permitted.
4. Revise section 232.7004 to read as follows:
232.7004 Contract clauses.
(a) Except as provided in 232.7002(a)(2), (3), or (4), use the
clause at 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports, in solicitations and contracts.
(b) Use the clause at 252.232-70XX, Wide Area WorkFlow Payment
Instructions, when 252.232-7003 is used and neither 232.7003 (b) nor
(c) apply. See PGI 232.7004 for instructions on completing the clause.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Amend section 252.232-7003 by--
(a) Amending the introductory text to remove ``232.7004'' and
insert in its place ``232.7004(a)'';
(b) Amending the clause date by removing ``(MAR 2008)'' and adding
in its place ``(Date)'';
(c) Adding new paragraph (a)(4);
(d) Removing paragraphs (c)(1) and (2);
(e) Redesignating paragraphs (c)(3) and (4) as paragraphs (c)(1)
and (2), respectively; and
(f) Amending the newly redesignated paragraph (c)(1) by removing
the word ``or'' at the end of the paragraph;
(g) Amending the newly redesignated paragraph (c)(2) by removing
``.'' and replacing it with ``;'' at the end of the paragraph;
(h) Adding new paragraphs (c)(3) and (4).
The additions read as follows:
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports.
* * * * *
(a) * * *
(4) ``Receiving report'' means the data required by the clause at
252.246-7000, Material Inspection and Receiving Report.
* * * * *
(c) * * *
(3) DoD makes payment for rendered health care services using the
TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) Payment is made via the Governmentwide commercial purchase
card, the receiving report shall still be submitted via WAWF.
* * * * *
6. Section 252.232-70XX is added to read as follows:
252.232-70xx Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DATE)
(a) Definitions. As used in this clause--
Document type means the type of payment request or receiving
report available for creation in Wide Area WorkFlow (WAWF).
Department of Defense Activity Address Code (DoDAAC) is a six
position code that uniquely identifies a unit, activity, or
organization.
Local processing office (LPO) is the office responsible for
payment certification when the entitlement system is OnePay.
(b) Electronic Invoicing. The WAWF system is the preferred
method to electronically process vendor payment requests and
receiving reports, as authorized by DFARS 252.232-7003, Electronic
Submission of Payment Requests and Receiving Reports, unless an
alternate invoicing method is agreed to by the contracting parties
in accordance with DFARS clause 252.232-7003.
(c) WAWF Access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in
the Central Contractor Registration at https://www.acquisition.gov;
and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following
the step-by-step procedures for self-registration available at this
Web site.
(d) WAWF Training. The Contractor should follow the training
instructions of the WAWF
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Web-Based Training Course and use the Practice Training Site before
submitting payment requests through WAWF. Both can be accessed by
selecting the ``Web Based Training'' link on the WAWF home page at
https://wawf.eb.mil/.
(e) WAWF Methods of Document Submission. Document submissions
may be via web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF Payment Instructions. The Contractor must use the
following information when submitting payment requests and receiving
reports in WAWF for this contract/order:
(1) Document Type. The Contractor agrees to use the document
type(s) identified below, unless the Contractor notifies the
contracting officer that its business process does not allow for
submission of the specified document type(s). The Contractor and the
contracting officer must agree to an alternative document type
before award.
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(Contracting Officer: Insert Applicable Document Type(s)
Note: If a Combo Document Type is identified but not supportable
by the Contractor's business systems, an Invoice (stand-alone) and
Receiving Report (stand-alone) Document Type may be used instead.)
(2) Inspection/Acceptance Location. The Contractor shall select
the appropriate inspection/acceptance location(s) in WAWF, if
specified by the contracting officer below.
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(Contracting Officer: Insert Inspection and Acceptance locations or
``Not Applicable''.)
(3) Document Routing. The Contractor shall use the information
in the Routing Data Table below only to fill in applicable fields in
WAWF when creating payment requests and receiving reports in the
System.
Routing Data Table *
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Field name in WAWF Data to be entered in WAWF
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Pay Office DoDAAC
Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Service Approver (DoDAAC)
Ship From Code
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
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(*Contracting Officer: Insert applicable DoDAAC information or ``See
Schedule'' if multiple Ship to/Acceptance locations apply, or ``Not
Applicable''.)
(4) Payment Request and Supporting Documentation. The Contractor
shall ensure a payment request includes appropriate contract line
item and subline item descriptions of the work performed or supplies
delivered, unit price/cost per unit, fee (if applicable), and all
relevant back-up documentation (e.g. timesheets) in support of each
payment request.
(5) WAWF Email Notifications. The Contractor shall enter the
email address identified below in the ``Send Additional Email
Notifications'' field of WAWF once a document is submitted in the
system.
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(Contracting Officer: Insert applicable Email addresses or ``Not
Applicable''.)
(g) Payment Request Follow-up. The Contractor may obtain invoice
status by accessing https://myinvoice.csd.disa.mil/, after
submission of an invoice in WAWF. The information may not be readily
available until at least 3 days prior to payment date.
(h) WAWF Point of Contact. The Contractor may obtain
clarification regarding invoicing in WAWF from the contracting
activity's WAWF point of contact identified below.
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(Contracting Officer: Insert applicable information or ``Not
Applicable''.)
(End of clause)
[FR Doc. 2011-29860 Filed 11-18-11; 8:45 am]
BILLING CODE 5001-06-P